Miranda Rights: Right to remain silent and right to an attorney

Decided on February 8, 2022, in State v. Laura Gonzalez (A-47-20) (085132), the court held that defendant Laura Gonzalez’s question about the attorney was an ambiguous invocation of her right to counsel. The judge overturned the conviction of the defendant, who was earlier found guilty of assaulting an infant in her care. You can read the full case details at State v. Laura Gonzalez (A-47-20) (085132).

What Are Your Miranda Rights?

If you are being interrogated, you must be warned as follows:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me? (Source: http://www.mirandawarning.org/whatareyourmirandarights.html)

If a person subject to custodial interrogation “states that he wants an attorney, the interrogation must cease until an attorney is present.” (Ref: Miranda v. Arizona, 384 U.S. 436, 474 (1966))

Protect yourself from self-incrimination

You have the right to remain silent and to have a lawyer. It will ensure that you don’t make any statements that can be used against you.

If the police decide to interrogate you, he must warn you that anything you say could be used against you in a court of law.

In the above mentioned case, the defendant had agreed to provide a videotaped statement after waiving her Miranda rights. During the interrogation, the defendant asks, “But now what do I do about an attorney and everything?” Rather than seek clarification, the interviewing detective merely advised the defendant, “That is your decision. I can’t give you an opinion about anything. ” This was one of the grounds for overturning the conviction.  The judge held that the detective Reyes told the defendant that telling the truth would help her and (made) similar statements that flatly contradicted the Miranda warnings.

Do not talk to the police, an investigating officer, or a detective without an attorney by your side. Any statement made to them can be used against you in court. You have the right to remain silent.

Contact New Jersey Criminal Defense Lawyer Joel Silberman

Miranda rights provide you with great protection from self-incrimination. If you’ve been accused of a crime in New Jersey, contact us today at the Law Office of Joel Silberman, who focuses exclusively on criminal defense. Attorney Joel Silberman will help you get the justice you deserve. Contact us at 201-420-1913 or joel@joelsilbermanlaw.com.