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609.390.4600

Former prosecutor

Now fighting for you.

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

Former State Prosecutor and Criminal Trial Attorney

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

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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.

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