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Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.

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Miranda Rules When Questioning Suspects in Custody

Being taken into custody by the police is an unnerving experience and one that can make anyone feel uncomfortable and unsure of his or her rights. Understanding your Miranda rights in the event that you are taken into custody and questioned is important. When police officers initiate an arrest, they will usually interrogate the person who has been arrested.

The primary purpose of this is to strengthen the case for the prosecution and to get the arrestee provide as much information as possible. Bear in mind that more the police ask you questions, the more likely you are to say something that could incriminate you. The police officers may try to lead you to believe that you are cooperating with them when in reality, they are looking for evidence of your guilt. You have the right to remain silent as well as the right to have a lawyer during questioning. While people can voluntarily give up these rights, people who are questioned by the police often do not have the free will or the knowledge necessary to make this decision.

Police officers usually will open their line of questioning by making statements such as that you have the right to remain silent and that you do have the right to have a lawyer present and one can be provided for you. It does not matter whether or not the interrogation takes place in a jail, on a street, in your home, or at the scene of the crime.

Other than on the street detentions that last for a brief period or routine automobile stops, once a police officer deprives a suspect of their freedom of movement in any way, the suspect is categorized as in police custody and their Miranda rights are activated.

Have you already been accused of a crime? You need insight from an experienced criminal defense lawyer. Contact the Law Office of John W. Tumelty at 609.385.4010 or via our online contact form to begin discussing your potential case today.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

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