Being arrested in NJ is a scary experience. Regardless of whether it’s your first rodeo or not, the first 24 hours after an arrest are extremely important to your defense strategy. The steps you take, or don’t take, can impact the outcome of your case. At Spodek Law Group P.C., we take an extremely proactive approach when it comes to building a criminal defense strategy.
What happens when officers arrest you.
When officers arrest you, they’re typically going to inform you of the charges against you, read you your Miranda rights, and take you into police custody where you’ll be booked and placed in a holding cell while you wait for further questioning or proceedings. Depending on the severity of the case, you could be eligible for a pretrial release, or you might be held until your first court appearance.
Exercise your right to remain silent.
You need to immediately exercise your right to remain silent. Anything you say CAN and will be used against you in court. Even if you believe you have an explanation for the situation, you must resist the urge to talk to officers without your attorney. Simply say you are invoking your right to remain silent.
At this point, you, or a family member, should consult and contact an experienced NJ criminal defense attorney. An experienced attorney at Spodek Law Group P.C. can step in immediately, protect your rights, ensure you do not make outlandish statements which can be used against you later, and ensure there’s a legal strategy.
Your rights after an NJ arrest.
NJ law ensures that anyone arrested has the right to a fair, and timely, first court appearance. You have the right to a phone call with an attorney or family member, and the right to be free from unlawful searches.
Often we see clients make critical mistakes - for example, they speak to an officer without their attorney present. Anything you say, even casually, can be taken out of context and used in the prosecutor’s case against you. Law enforcement agents are trained to gather info, and persuade you that you don’t need legal help in order to get evidence ASAP.
It’s important you avoid resisting the arrest, even if you believe it’s unjust. Physical resistance or arguing with agents can result in additional charges, like assault. We also recommend that you do not overshare on social media - prosecutors and law enforcement agents are trained to monitor posts, messages, and even deleted things, in order to use them against you.
