| If I am arrested, do the police have to read me my rights?
No. The police are NOT required to read you your rights to remain silent when you are arrested. That only happens on TV and in the movies. The only time the police are required to give you your Miranda Rights is when you are in custody and they are going to ask you questions about an offense they believe you have committed. If they don't read you your rights, and if you don't waive your right to remain silent or your right to a lawyer, then they cannot use anything you say in court.
Conversely, if you do waive your right to remain silent or your right to a lawyer, then anything you say can be used against you.
When I receive a "green sheet", is that my formal charge?
That depends. If the offense you are charged with is a disorderly person or petty disorderly persons offense, that is your formal charge and you will have to appear in the municipal court for trial.
If you are charged with a crime of the 1st, 2nd, 3rd or 4th degree, then the municipal court does not have jurisdiction over the case. In order for you to be formally charged with a crime of those degrees, the Grand Jury must convene and, after hearing evidence presented by the prosecutor, vote on whether or not to "indict" you. If you are indicted, then you are "formally" charged. If they vote not to indict, then the matter is "no billed".
Do I have the right to appear before the Grand Jury and tell my side of the story?
There is no right to appear before the Grand Jury. In fact, the Grand Jury is a secret proceeding in which only the prosecutor presents evidence that you have committed the crime. Recent case law has dictated that the prosecutor is obligated to present evidence that clearly tends to exculpate the suspect. But if he or she does not know of such evidence, then it will not be presented.
What should I do if I think I'm going to be indicted and I have evidence showing that I'm innocent?
You should have an attorney contact the prosecutor immediately, and definitely before the matter is presented to the Grand Jury. Your lawyer can provide the exculpatory material to the prosecutor. If you are indicted, and the prosecutor fails to present that evidence, you may be able to move for a dismissal of the indictment. However, the evidence must be clearly exculpatory in order for you to be successful. |
