Miranda Rights Sometimes Need to be Reinvoked.

Steven J. Richardson | July 17, 2009

The Miranda warning is something we are all familiar with from watching police dramas.  Once the suspect is “Mirandized” and says he or she wishes to have an attorney present, questioning must cease.  However, on July 9, the New Jersey Appellate Court held that the police may resume questioning of a suspect who has invoked [...]

Constitutional Rights are Not Always Transferable

Steven J. Richardson | June 26, 2009

The Bill of Rights to the Constitution provides many protections to citizens regarding their person, property, and privacy.  Most famous are the Fifth Amendment Right Against Self Incrimination and the Fourth Amendment Rights Against Unlawful Search and Seizure.   However, many people do not realize how limited these rights can be to that person; another person [...]

Major Advances in Search and Seizure Law

Steve | April 24, 2009

Much has happened in the last week regarding the laws surrounding searches and seizures by police officers, one in which federal law followed the lead of established New Jersey decisions regarding searches of motor vehicles, and one in which state law changed to follow a federal standard (the continuation of the execution of a search [...]

Pleader’s Remorse: When Can You Take it Back?

Steve | February 9, 2009

Some things sound like a good idea at the time, but later turn out to be a bad decision.  This is often true when a defendant enters a guilty plea in a criminal case or traffic court.  The question becomes: can you change your mind?  In a decision on February 4, 2009, the New Jersey [...]

Miranda Warnings Don’t Have to be Renewed

Steven J. Richardson | February 6, 2009

The New Jersey Supreme Court ruled recently in a child molestation case on an issue involving Miranda warnings.  We are all familiar with the Miranda language from police and court dramas on TV, and many of us can even recite them as well as a police officer.  If you are arrested, or are just brought [...]