Available 24/7

609.385.4010

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

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.

Categories

What Happens if You Aren’t Read Your Rights When Arrested?

image

An arrest can be a chaotic situation. But no matter how busy or convoluted it can get, law enforcement has guidelines they need to follow. Among those guidelines are reading a person their rights. There is a common misconception that says if a person isn’t read their rights, their entire case gets thrown out or they’re otherwise absolved of any legal consequences. This is not altogether true, but there are consequences.

Your rights, known officially as Miranda Rights, are a set of rights that are supposed to be read to someone who is being arrested. The Miranda Rights are as follows:

1.     You have the right to remain silent.

2.     Anything you say can and will be used against you in a court of law

3.     You have the right to an attorney

4.     If you cannot afford an attorney, one will be provided for you

5.     Do you understand the rights I have read to you? With these in mind, do you wish to speak to me?

Regardless of where interrogation occurs, the rights must be read first if the person is in police custody. If a person is not read their rights, anything answered while in police custody cannot be used against the person in a court of law. It should be noted that if a person is not in police custody, reading the Miranda Rights is not required and any admission made could be used against them. Sometimes it’s difficult to discern whether or not one is in police custody, especially if the officer is simply asking questions. Many do not know they’re in police custody until it’s far too late.

If you or someone you know has been interrogated without having Miranda Rights read, don’t say another word. Contact a criminal defense attorney who could help. Contact the law offices of John W. Tumelty today to schedule your case consultation.

Free Consultation 24/7

Nights & Weekends

Free Consultation

Free Consultation

Atlantic County Office

Areas We Serve

Atlantic County Office

South Jersey criminal defense lawyer John W. Tumelty is conveniently located in Atlantic City, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Brigantine, Buena, Cape May, Egg Harbor City, Egg Harbor Township, Estell Manor, Folsom, Galloway Township, Hamilton Township, Hammonton, Linwood, Longport, Margate, Mullica Township, Northfield, Pleasantville, Port Republic, Somers Point, Ventnor,  and Waymouth.