Criminal Defense: First Response
Being arrested or subjected to the same is a traumatic experience. One can expect to be encountered by law enforcement during unaccommodating circumstances, namely an embarrassing arrest at your door step at 2:00 am. Alternatively, the police can employ tactics to induce your appearance at a law enforcement facility such as a police station to induce a voluntary and an admissible statement which will facilitate the police internal investigations and may result in an unwarranted arrest. Be careful, law enforcement personnel are trained to elicit "voluntary and admissible statements," but all too often, what you say may come back and hurt you.
URGENT: contact the above number if you feel you'll possibly be subject to the above.
In New Jersey, to prosecute an individual, probable cause must be established. Moreover, the police only need reasonable suspicion to pull you over in a motor vehicle.
Probable cause is a very low standard , namely, reasonable belief a crime was committed and reasonable belief that the individual subject to questioning is the perpetrator subject to the investigation. Reasonable suspicion is a lower standard however on both matters, there are vehicles an experienced trial lawyer can utilize to "suppress" the evidence unlawfully obtained by police. Although one may call this a legal loophole, in essence it is a violation of one's constitutional rights. Only an experienced lawyer can recognize a bad stop of a motor vehicle or an unlawful arrest including unlawfully obtaining one's statements in order to suppress these illegally obtained items of evidence which would otherwise be introduced as evidence at trial.
Being Questioned or Detained by Police?
Be Prepared for Your FIRST RESPONSE…
Procedurally, if stopped by police in a motor vehicle, produce legal documentation and cooperate with the police, if taken into custody, do not try to talk your way out of being charged. This can only induce criminal or additional criminal charges. Stop talking and call the above number. Do not speak on the phone about the facts of your case since it is subject to monitoring. Simply call this number and I shall ask you leading questions that request a yes or no answer.
If a non motor vehicle arrest, e.g. arrest warrant, cooperate with law enforcement. Provide pedigree information, e.g. name and address and ask to speak to an attorney. The right to counsel attaches when you are in custody. Custody in New Jersey is interpreted as when you are not free to leave. This can include being in your house, a bar, a park, a school, etc… Again, the right to counsel attaches when your liberty has been detained. Cooperate, do not confront the police officer and call my office for additional counseling. Do not go back to the police station to try to supplement or correct a prior statement. It will only come back to haunt you as an inconsistency. Being subject to the criminal justice system is an emotional thing for the defendant and the defendant's family; it's a serious matter that in many times can be resolved promptly if handled by an experienced attorney.
Lastly, relative to the privacy in your house, if the police do not have a search warrant, they cannot enter your house. You can in a polite manner, at this point in time, state that "without a warrant, I'm invoking my right of privacy," then contact my office immediately.
Michael G. Paul and Associates are available 24 hours a day when you need them:
Please Call: 732-549-6543
or email us using the form in the left-hand column
