The Police & Protecting Your Rights

Time and time again our clients will continue to make the same mistake, which is devastating to their cases. The mistake that they continue to make is volunteering evidence to New Jersey law enforcement that is incriminating and in some instances, leads to their arrest and subsequent criminal charges. The 4^th Amendment of The United States Constitution requires all law enforcement to have what is known as reasonable suspicion before detaining you and forcing you to answer their questions. However, New Jersey law enforcement can initiate conversation with anyone regarding any subject. 

If you volunteer information to New Jersey law enforcement, that information can be used against you at trial. If the police ask you to volunteer information to them by allowing them to enter your house, search your car, or person; it is acceptable to refuse them by asking for a warrant before you permit their search. However, there will be times when officers will have what is known as a good faith belief that a crime is being committed, in these times they will not need to warrant to conduct their search.

Police Interrogations

Just because a New Jersey law enforcement official has asked you a question does not mean that you have to comply with their request. You have the legal right not to answer, or refuse the police if they ask you a question. However, you do not have the right to refuse an order that was issued from New Jersey law enforcement. If you do not comply with an order that was issued from a New Jersey law enforcement officer, you may face additional charges of resisting arrest. If you are confused as to whether or not a New Jersey law enforcement officer has issued you an order or ask you a question, it is better to comply. You can also ask the officer to clarify whether or not they are commanding you to do something or merely asking you to do something.

Always use good judgment, obey the commands of a police officer and do not resist arrest. Acting out when you are stopped, or questioned by a police officer is dangerous to yourself and your case. There will be times when officers will not have the right to search you, your car, or your house, but will do so anyway. If what they recover leads to your arrest, you may the right to invoke your 4^th amendment rights and have that evidence suppressed at trial. A skilled lawyer can make sure that when key evidence is suppressed, the case against you will get dismissed.

The Blanch Law Firm Can Help

If you are stopped by police officers, keep a cool head and do not volunteer any information to them. Be respectful and follow their commands. Resisting arrested can be very damaging to you and your case. If New Jersey law enforcement officers are knowingly or unknowingly violating your 4^th amendment rights, there is not much that can be done to stop them that will not lead to your arrest. The best decision that you can make is to not volunteer any information and contact a criminal defense lawyer as soon as you can. The experienced New Jersey criminal defense lawyers at The Blanch Law Firm have a history success in getting key evidence against their clients suppressed. If you have been approached by New Jersey law enforcement, or believe that your 4^th Amendment rights were violated during your arrest contact The Blanch Law Firm a start the battle to protect your freedom and restore your rights.