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NJ Criminal Defense Lawyer : Understanding Self-Incrimination

Charged with a Crime in any city in NJ? Do Not Incriminate Yourself

The 5th Amendment of the Constitution holds that you have the right against self-incrimination. This means that you cannot be forced to answer questions or otherwise provide information about yourself that will likely result in your facing criminal prosecution. It is also this amendment that gives you “the right to remain silent.” 

The New Jersey Constitution lacks the 5th amendment right against self-incrimination. The privilege against self-incrimination is rooted in New Jersey's common law jurisprudence from its beginning as a State and has been incorporated in The Rules of Evidence. State v. Kucinski227 N.J. 603, 617 (2017) Citing State v. Hartly, 103 N.J. 252, 260 (1986) (Quoting In Re Martin, 90 N.J. 295, 331 (1982) N.J.R.E 501, 503.

Moreover, New Jersey's Privilege against Self Incrimination offers broader protection than the Federal 5th Amendment Privilege. Kucinski at 331 (Citing State v. Muhammad, 182 N.J. 551, 568 (2005)

It is possible you have even heard of people invoking this right by “pleading the fifth.” By pleading the 5th Amendment, they have invoked their right against self-incrimination. 

If you've been arrested in Elizabeth NJ. or any city in New Jersey, it is important you speak to a defense attorney right away. At Law Office of Charles Dawkins Jr, LLC. we've successfully represented clients and we can defend your rights, as well. Contact us either online or by calling 908-962-9929.

Why the Right against Self Incrimination is Important in New Jersey

The right against self-incrimination is a cornerstone of our justice system. There are several reasons for this. 

  • It limits the power of the government. Mere suspicion by the government of someone's guilt is not enough; the government must actually prove their guilt. 
  • No one can be forced to confess (which can happen even when someone is not actually guilty).

The main purpose of the right against self-incrimination is to protect both the innocent and the guilty from being subject to government overreach. 

Self-Incrimination Violations

The police are unable to force you to incriminate yourself. It was held in Malloy v. Hogan, 378 US 1 (1966) that “when determining if state officers properly obtained a confession, one must focus on whether the statements were made freely and voluntarily without any direct or implied promised or improper influence.” In other words, the right against self-incrimination applies to situations where there is an attempt to force you to give testimony that will likely be used against you in a criminal proceeding. It does not apply when you offer the information voluntarily.

One of the ways your right against self-incrimination may be violated is when the police arrest you but do not read you the Miranda rights. Part of the Miranda rights state that you have the right to remain silent and that if you do speak, anything you say may be used against you in a court of law. Failure to inform you of this right may render any statement you give to police inadmissible if you are subsequently charged with a crime. Also, if the police violate this right by using improper influence on you, it may be grounds to have any evidence obtained by virtue of that violation dismissed. 

In New Jersey, the State must prove beyond a reasonable doubt that a defendant has waived Miranda Rights. State v. Adams, 127 N.J. 438, 447 (1992) 

How Can a Criminal Defense Lawyer in Elizabeth NJ. And Any city in the State of New Jersey Use Self Incrimination Violations?

A constitutional rights violation can be a powerful and effective basis for your defense when you have been charged with a crime. A skilled criminal defense attorney can use this violation to have charges dismissed, confessions tossed, and evidence excluded. This is why you should call Law Office of Charles Dawkins Jr LLC today at 908-962-tfor a Consultation.

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