The New Jersey Appellate Division recently decided in State v. Simms that a defendant who was arrested by the police in a murder case should have been informed of the precise charge he was facing in order to properly waive his Miranda rights. The arrest was based on the police officer’s determination of probable cause to believe the defendant committed a murder.
What this means is that once arrested, the police must tell a person what they are being charged with before they can ask that person if they would like to waive their Miranda rights. Otherwise, any statement given could be suppressed. A defendant is entitled to be informed of the charge for which he is being placed under arrest before deciding whether to waive his right against self-incrimination.
The Court also ruled that this requirement applies to situations where someone is arrested based upon a probable cause statement and complaint made by a civilian or police officer. The requirement also applies to situations where someone is arrested by a police officer based upon that officer’s probable cause to believe the defendant committed a crime.
If you are facing criminal charges, it is imperative that you reach out and obtain legal assistance. This is most especially true if you have already provided a statement to the police. The criminal defense attorneys at Attorneys Hartman, Chartered can review your situation to make sure that your Constitutional protections were not violated. Do not hesitate to reach out to Mike or Katie at Attorneys Hartman, Chartered at (856) 235-0220 or on our website by filling out our online contact form.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.