Shoplifting is considered a criminal offense and will give you
a criminal record if convicted. Because of this fact you are
entitled to your Miranda Rights. What are these rights and do
they protect you? A 2010 Supreme Court Rulings says Maybe
To understand your rights you must understand the basic Miranda rules:
1) The rules only apply if your being interrogated by the police (Store personnel
are not considered police and thus do not have to give you these warnings
and can use any statement you give to them either in writing or orally
against you in court).
2) Interrogation by police means that you are not free to leave.
3) The new decision explained below still means the police must still give you
the Miranda Warnings.
However, in a United States Supreme Court Decision announced in 2010 the court
turned upside down the law as it has stood for nearly 50 years. The Court stated: “A
suspect who has received and understood the Miranda warnings, and has not invoked
his Miranda rights, waives the right to remain silent by making an uncoerced
statement to the police,”
The court stated it's up to the accused to invoke his rights and if the suspect later talks
those statements can be used against him or her. The police are "not required to
obtain a waiver" of the suspects "right to remain silent before interrogating him," wrote
Justice Anthony M. Kennedy. Berghuis v. Thompkins, 08-1470
Prior to this decision the common rule was that once a defendant stated or implied
that he did not want to speak to police, if the police continued to interrogate him those
statements could not be used against him. The new law however states even if you do
invoke your Miranda Rights and do not speak to the police if you later say something
even after 3 hours of questioning these statements can and will be used against you.
Conclusion: The fish would have never gotten caught unless it opened its mouth.
Anything you say to anyone but an attorney in his or her office can and will be used
against you in court. Prior to paying your shoplifting lawyer to handle your case, the
only right to confidentiality is with your Lawyer in his or her office. Any conversations
over the phone or through e-mail is not protected. That is why our office offers the
extra and more time consuming step of giving our shoplifting clients a free in office
consultation. Only in an in office consultation can our shoplifting lawyers guarantee
the privacy of your statements and comments. In a time when anything you say can
and will be used against you in a court of law, this extra step can be the difference
between winning your case and losing. Let us help you win your NJ shoplifting charge,
call our office at 1-800-9-RIGHTS and start protecting your legal rights today.
|H. SCOTT AALSBERG, ESQ., P.C.
"The Shoplifters Attorney"
39 Milltown Road, East Brunswick, N.J. 08816
1028 Route #23 North, Wayne, N.J. 07470
1-800-9-RIGHTS or (732) 257-5040
"Our Name Says It All"
Free Private Consultation
Call 24/7 1-800-9-RIGHTS
Your Miranda Rights and Statements Made to Police and Store Personnel
|We all the know the famous Miranda Warnings: "You have
the right to remain silent and anything you say can and will
be used against you in a court of law . . . . You have the right
to have an attorney if you cannot afford one, an attorney
will be appointed for you . . . .
"When Winning Counts"
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Verdicts For Over 20 Years