Posts Tagged ‘miranda rights’
State vs Wright: Intimidation and Psychological Tools Used by Police Prior to Miranda Warnings
Submitted by New Jersey Criminal Attorney, Jeffrey Hark State vs. Wright Appellate Division February 29, 2016 (Approved for Publication) The key to this part of the decision is the appellate courts recognition of the psychological warfare tools used by the police to intimidate and cajole arrestees into admitting anything, anything between the time they are…
Read MoreState vs. Michael Maltese, NJ Supreme Court
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: Post Arrest invocation of right to an Attorney. Was the defendant’s request to speak to his family during an interrogation enough to invoke his right to remain silent? Once you ask to speak to a family member, you have invoked your right to counsel in…
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…
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