Posts Tagged ‘Miranda’
Appeal Of the Denial of Motion to Suppress Mirandized Statement to Police
State of New Jersey v. Nicholas Gomez-Zuniga Docket No. A-0601-21 Decided May 22, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to suppress his Mirandized statement to police. In July 2017, the State moved for…
Read MoreWhat Do I Say to The Police If I Am Arrested?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. Aziz (Appellate Division 2016) In this case the defendant, whom the police were looking for due to his cell phone number recently showing up on a cell phone of a dead woman, was brought to the police department for questioning. FACTS: After the police took…
Read MoreDon’t Wait on Miranda to Protect You
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Monterotorivo, is an appeal decided by the Appellate Division on June 16th, concerning a motion to suppress evidence in the form of defendant’s statements to police officers. The case arose out of an incident where defendant allegedly stated publicly that he intended to kill an…
Read MoreTime Matters: Determining When Questioning Becomes Arrest In Roadside Stops
Detention and Miranda Rights Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog deals with issues of what constitutes a detention in which your Miranda rights must be read. The case is an appeal of the denial of a defendant’s motion to suppress evidence in State v. Hamb, decided July 25, 2014 by the…
Read MoreDenial of Freedom and Miranda Warnings – State of New Jersey v. Terrell L. Hubbard
The latest analysis of when Miranda Warnings must be given to a person of interest or a ‘suspect’. Reference State of New Jersey v. Terrell L. Hubbard The issue is when is there a denial of freedom. When does the ‘totality of the circumstances’ lead an objective person to believe the person in question is…
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