Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.390.4600

Former Prosecutor

Now Fighting for You

New Jersey Criminal Defense and DWI attorney
who knows how to navigate the local courts

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 Years

Getting Your Probation Reinstated

Getting Your Probation Reinstated

It is important to know what it means to get your probation reinstated. Getting your probation reinstated means that you have violated your probation in some way, to begin with, and you are now looking to stay on probation after receiving your charge rather than going back to jail. A new violation can be issued for… Continue Reading

When Can Lying Be Against the Law?

When Can Lying Be Against the Law?

Yes, lying can actually be against the law. In most scenarios, liars are nothing more than people who avoid problems by not telling the truth, leading other people to simply lose respect for the liar. But in some cases, it can be far worse. There are times when lying can actually be against the law,… Continue Reading

Failure to Report a Crime

Failure to Report a Crime

  In most states, it is legal to simply not report a crime, but there are some exceptions. In some cases, there are states, like Texas, that make it mandatory to report higher offense crimes. Failure to do so could lead to a misdemeanor. In a state like Ohio, it is illegal to not report… Continue Reading

Miranda Rights in New Jersey

You Must Be Read Your Miranda Rights for Suspected DWI

If you are pulled over and/or arrested for suspected DWI anywhere in the United States, you must be read your Miranda rights prior to responding to any questions. The Supreme Court’s 1966 decision in Miranda v. Arizona, affirmed that all persons accused of crimes must be read their rights under police custody before being questioned in order to be protected from incriminating themselves during questioning.

These rights also apply to you before being handcuffed or being taken into custody, but you also are obligated to cooperate with law enforcement officers. They can still question you to establish your identity, and they can still administer alcohol and drug tests.

Basically, your Miranda rights should be stated as follows:

  1. You have the right to remain silent.
  2. Anything you say can be used against you in a court of law.
  3. You have the right to have an attorney present now and during any future questioning.
  4. If you cannot afford an attorney, one will be appointed to you free of charge if you wish.

When you need a DUI defense lawyer in Atlantic City, contact my law firm for expedient service and attention to detail today. I, John W. Tumelty, am a New Jersey Supreme Court-certified criminal trial attorney. I can fight to protect your rights at every stage of your case, including examination of law enforcement’s interrogation tactics and arresting procedures.

I will work to protect your driving privileges and challenge probable cause.

Specifics of Miranda Rights

Protecting your rights is equally as important when facing a DWI charge as it is in the face of any other charge. If you inform officers that you would like a lawyer present during questioning, interrogation must stop until a lawyer working in your best interests is present. You will be provided the opportunity to confer with your attorney before answering any questions.

Challenging the improper reading of or absence of being informed of your Miranda rights will not get your DWI case thrown out or dismissed, but suppression of incriminating statements as the result of misread, unread or ignored Miranda rights can supply your defense with ammunition against the rest of the state’s case against you.

Miranda rights are meant to protect the Fifth Amendment rights of the accused — one major facet of this is the right of the accused not to be a witness against himself or herself. As your attorney, I will work diligently to protect your rights and strive for your best possible resolution.

Contact The Law Offices of John W. Tumelty

I can work aggressively to challenge the state’s evidence and advance every possible defense to help you. Call me today at 609-390-4600 to discuss your case or to schedule a free initial consultation.

Free Consultation 24/7

Nights & Weekends

Free Consultation

Free Consultation

Atlantic County Offices

JOHN W. TUMELTY
ATTORNEY-AT-LAW
CRIMINAL LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

Cape May County Offices

ATTORNEY JOHN TUMELTY
DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN TUMELTY
DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.