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If I'm arrested, do the police have to read me my rights?
Contrary to popular belief mainly due to television and the silver screen, when a person is arrested in New Jersey, the police are NOT required to "read you your rights".
The reading of the "Miranda" warnings (right to remain silent, right to an attorney, etc.) is required ONLY when you are in police custody AND they want to ask you questions about what you may or may not have done, or where you were on the night of . . . . .
If I refuse to give a statement to the police concerning my potential involvement in an offense, can I be charged and taken into custody because of my refusal to cooperate?
Absolutely NOT. You cannot be arrested or charged simply because you have exercised your Fifth Amendment right not to give testimony against yourself. Many times the authorities will use this approach to scare an individual into waiving their rights and giving a statement out of fear that they will be placed in jail. The police may threaten you with this, stating that you will have a high bail if you don't cooperate. Actually, the judge cannot set a higher bail because you did not cooperate with the police. |
