Your Constitutional Rights:

What are my constitutional rights?

1. Right to an Attorney - Defendants have the right to an attorney throughout legal proceedings.. The court will appoint an attorney for the defendant at no charge if they cannot afford to hire one. Yet, at the end of the case, they may be asked to pay all or part of the cost for that attorney, if they can afford to.
2. Right to a Jury Trial - Defendants have the right to a speedy, public jury trial. At the trial, the defendant is presumed innocent, and cannot be convicted unless 12 impartial jurors are convinced of the defendant’s guilt beyond a reasonable doubt.
3. Right to Confront Witnesses - Defendants have the right to confront and cross-examine all witnesses testifying against them.
4. Right Against Self-Incrimination - The defendant has the right to remain silent and not incriminate themselves, and the right to testify on their own behalf.
5. Right to Produce Evidence - The defendant has the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.

If I'm arrested, do the police have to read me my rights? Contrary to popular belief mainly due to television and the silver screen, when a person is arrested in New Jersey, the police are NOT required to "read you your rights." The reading of the "Miranda" warnings (right to remain silent, right to an attorney, etc.) is required ONLY when you are in police custody AND they want to ask you questions about what you may or may not have done, or where you were on the night of . . . . .

If I refuse to give a statement to the police concerning my potential involvement in an offense, can I be charged and taken into custody because of my refusal to cooperate?

Absolutely not. You cannot be arrested or charged simply because you have exercised your Fifth Amendment right not to give testimony against yourself. Many times the authorities will use this approach to scare an individual into waiving their rights and giving a statement out of fear that they will be placed in jail. The police may threaten you with this, stating that you will have a high bail if you don't cooperate. Actually, the judge cannot set a higher bail because you did not cooperate with the police.

Do I ever have to give my consent for a search of my home or my automobile?

You never are required to consent to a search by the police. Although you may sometimes be threatened by the thought of being detained by the police until a search warrant is procured, you have the absolute right not to give consent. This does not mean that you can physically stop the police from effectuating an otherwise lawful search, such as with a search warrant, or where they have probable cause to search and exigent circumstances exits, or where the search is incident to a valid arrest.

When can an officer search my home or car?

An officer always can make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins.

Body Searches. If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods, and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities.

Home Searches. In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms-and even other parts of the same room-are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, which is in plain sight.

Car Searches. Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason-such as a broken taillight-they can take any illegal goods in plain sight.

If you, your home or your car is searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer, however, do not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, that does not always mean that your case will be dismissed.

Do I ever have to give my consent for a search of my home or my automobile?

You never are required to consent to a search by the police. Although you may sometimes be threatened by the thought of being detained by the police until a search warrant is procured, you have the absolute right not to give consent. This does not mean that you can physically stop the police from effectuating an otherwise lawful search, such as with a search warrant, or where they have probable cause to search and exigent circumstances exits, or where the search is incident to a valid arrest.

Please contact our offices for additional information.