Posted by: Wiley Lavender on Monday, September 9, 2019
Being arrested in New Jersey is one of the most unpleasant experiences a person can encounter. However, you are not necessarily guilty of committing a crime because you have been arrested. You are presumed innocent until being found guilty beyond a reasonable doubt in a court of law.
Individual and Police Rights
For the arrested person, both the United States Constitution and the New Jersey State Constitution provide protections.
Likewise, the police have powers under the law. The first is that they have the authority to ask questions of a person who is out in public. Secondly, the police have the authority to conduct an investigative detention. This means that the police can stop detain person as part of an investigation. Thirdly, the police can order the driver of a lawfully stopped motor vehicle to exit the vehicle. And they have the authority to arrest a person. Above all, it is important to remember that one of the powers that the police have is to arrest people. An arrest can happen in public or at a private residence. And, an arrest can be done without an arrest warrant under certain circumstances under New Jersey law.
When arrested, do not make any of the following mistakes:
Physically resist the officer by running away or fighting the officer after you are told that you are under arrest. Such conduct can result in additional criminal charges being filed against you. Also, in New Jersey, law enforcement officers have the authority to use physical and mechanical force to make an arrest.
Telling the officer anything more than your name and address. If you already told the officer your name and address, do not answer any other questions asked of you after you are arrested. You have the right to remain silent. Simply say to the officer “I want to speak to an attorney. I will not answer any questions without my attorney present.” You have invoked your right to remain silent. Be sure to remain silent after invoking that right.
Asking the officer any questions. Simply wait for your opportunity to speak with an attorney. Do not engage in any conversation with the officer.
Demanding that the officer immediately informs you of what violation you are being arrested for. Before your court date you will be provided notice of any alleged violations of the law you that you were charged with.
Making obscene physical gestures to the police or silently mouth insults or profanities to the officer. Do not demand that the officer give you their name or their badge number. The actual arrest report will have that information which your lawyer can obtain for you.
Saying to the officer that you will have them fired because you “know people” or that you “have connections with important people.”
Spitting at or on the officer. It is not only a repulsive disgusting action; in New Jersey such conduct constitutes Aggravated Assault.
Failing to speak to an attorney when you have been given the opportunity to do so.
Call a lawyer!
Avoid making the above mistakes. If you have been arrested, call the attorneys at Wiley Lavender, P.C. Who can provide you with legal representation in your time of need. You are presumed innocent until being found guilty beyond a reasonable doubt in a court of law.