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3 Common Questions You May Have About Your Miranda Rights

When a person is arrested, the police are supposed to read them their rights as a person facing criminal allegations. This reading, sometimes known as a Miranda warning or a reading of the Miranda rights, is a basic part of most arrests and is required in many cases. However, not all arrests require the reading of these rights at the time of arrest.

If you have been arrested and are facing criminal charges, it is important that you obtain vigorously committed legal representation in your case. For a free consultation regarding your case, contact the New Jersey criminal lawyers of the Law Office of Jason A. Volet at (732) 863-5050.

Do the Police Have to Read the Miranda Rights Every Time?

It is not required that police officers always read a person their Miranda rights if they want to question them. In some cases, officers may stop someone on the street or take them to the police station and ask them about a crime without reading these individuals their Miranda rights. This is typically acceptable because these individuals are not in police custody at the time of questioning.

What Are the Miranda Rights?

The Miranda rights are a set of warnings issued to a a person being questioned by the police which are intended to prevent them from self-incrimination. These rights insulate a person against unfair interrogation or being forced by the police to make a false statement. They include the right to remain silent, the right to seek a legal advisor, and the right to stop speaking to a police officer at any point during an interrogation.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.What Happens if These Rights Are Not Read?

If an officer is supposed to read these rights, but fails to do so, the information obtained through subsequent questioning cannot be used in court. This includes any confessions that may have been issued.

What are My Rights if I am Arrested in New Jersey?

When you are arrested for a crime, you are still entitled to certain inalienable rights under the law. The police cannot take these rights from you, and if they do violate them by making a wrongful arrest or neglecting proper procedure, the charges against you may be dropped.

Under the U.S. Constitution you have the following rights:

  • The right to remain silent and not incriminate yourself.
  • The right to hire a lawyer or have one provided for you by the state.
  • The right to a fair trial before your peers.
  • Protection against improper search and seizure.

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If you were arrested, taken into police custody, and questioned, you should have received a reading of your rights. If the police failed to do this, a skilled and experienced criminal attorney may be able to have related evidence excluded from consideration of your case.

An experienced New Jersey criminal defense lawyer can help to explain your rights and your options during questioning, your hearing, and your trial. To speak with an attorney about your criminal charges and organizing your legal defense, contact the Law Office of Jason A. Volet at (732) 863-5050.


How Can a Criminal Defense Lawyer Help Me?

With a multitude of internet resources and books available regarding how the law works, many people believe that they are capable of handling their own defense if charged with a crime. However, even minor criminal convictions can have significantly greater effects than a person may first realize. Additionally, criminal defense cases can prove complicated in some cases, virtually requiring professional legal help.

When you are arrested for a crime, the prosecution will likely take an aggressive stance to try to convict you as quickly and as severely as possible. You need an experienced New Jersey criminal lawyer who understands your rights and criminal charges and can fight back in your defense. A criminal attorney can help you through all steps of your criminal case, from advising you during police questioning to gathering evidence and testimony in your defense.

How Can a Criminal Defense Lawyer Help Me?

Attorneys can provide invaluable services during a person’s criminal defense case. Some defendants may not see the point in hiring an attorney, however. This is especially the case if they intend on pleading guilty or don’t believe that the penalties are serious enough to warrant a legal advisor’s help. However, a lawyer can provide the following important services:

  • Work through important legal procedures and paperwork.
  • Prepare a strong legal defense against a criminal charge.
  • Take some of the burden of dealing with legal problems.
  • Provide advice when difficult decisions arise.

Even seemingly minor criminal charges can have long-term consequences for a person, making his or her criminal defense case all the more important.

If you’re facing criminal charges and are thinking about representing yourself in court, you may want to at least speak with an attorney first to learn more about your options. For a confidential consultation, contact me today. Once I have learned about your case I can explain the options available.

Having a knowledgeable, competent lawyer on your side during your criminal trial can make all the difference in your case. Our New Jersey criminal defense attorneys understand the ins and outs of the criminal system and will work aggressively to pursue a favorable resolution for your case.

What to Look for in a Criminal Defense Attorney

When a person is facing prosecution for criminal charges, they may want to find a legal defender who can provide a strong defense for their rights. The criminal defense process can be particularly complex at times, making it all the more important for a legal defender to have a strong understanding of the law and how to use it to defend a client. With this in mind, it’s important for a person facing criminal accusations to find a worthwhile attorney.

There are thousands of criminal defense attorneys in the state of New Jersey, making the choice of picking a single representative more difficult. However, there are some important indicators that a person may want to look for when searching for legal help. These things include:

These important pieces of information can help a person get a clearer picture of who an attorney is and how capable they are of successfully working with clients.

Who is the Best New Jersey Criminal Defense Lawyer for Your Case?

When searching for the best New Jersey criminal defense lawyer for a case, people often turn to the Internet to look for search rankings or some other type of objective criteria, such as a list. As with all professions, there is not a single objective measure of what constitutes the “best.” There are, however, certain criteria that may be important for you or your case, such as the following:

Certification by the Supreme Court of New Jersey as a Criminal Trial Attorney

In New Jersey, experienced criminal trial lawyers can apply to be certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. To learn more about New Jersey criminal trial attorney certification, please read the articles on this site. Certification requires meeting a number of standards, including recognition by other attorneys. I am one of a limited number of attorneys in New Jersey who have been certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.

Litigation and Trial Experience

Another aspect to consider in choosing a criminal defense lawyer is the amount of experience that the lawyer has. I have been an attorney focused on criminal law matters for more than 15 years, and have worked on more than 2000 cases, starting as a former Assistant Prosecutor in Monmouth County. Having formerly served as a prosecutor, I know what it’s like to practice criminal law as both a prosecutor and defense attorney.

Trust and Dedication

Criminal matters are serious. If you’ve been charged with a crime, you need an attorney not only whom you can trust, but one who will work tirelessly in seeking to achieve for you the best outcome possible given the facts and circumstances of your case.

I and my firm have the experience, dedication, and trust that are often highly sought after in searches for a criminal defense attorney. We provide all of our clients with tenacious representation and full attention to their matter.

If you need a criminal defense lawyer, we would look forward to meeting with you and learning about the events pertaining to your charge, whereupon we can explain how we can help if we are retained. Please call our firm to schedule an appointment at your convenience.

Never Try to Represent Yourself Against a Serious Criminal Charge in Criminal Defense Case

In the legal world, there is a saying that “A lawyer who represents himself has a fool for a client.” This adage recognizes that even lawyers should retain legal counsel in serious legal matters rather than representing themselves.

If a lawyer, who has the legal education and perhaps many years of legal practice, should retain another lawyer instead of representing himself or herself, so too should non-lawyers retain a lawyer for a legal matter.

In criminal matters, the law is complicated and prosecutors work hard in seeking to convict. They want their conviction rate to be high so that their record looks good. Their job is not to care about how a legal conviction may affect the life or family of a person charged with a crime.

An experienced criminal defense attorney often will have years of practical experience and be in a much better position to advocate strongly and develop solid legal strategy than a person who has no training in the law.

Experienced criminal lawyers know how to spot evidence that may be inadmissible, and how to move to seek that such evidence is never introduced at trial. In the case where the prosecution’s main evidence is likely to be inadmissible, a criminal attorney may remind the prosecutor of the prosecutor’s legal duty to dismiss a case if there is not credible and admissible evidence upon which a conviction may be obtained. Experienced criminal lawyers thus not only focus on winning a case at trial, but also on strategies to have cases dismissed or charges reduced wherever possible prior to trial.

When charged with a crime, you should never try to go it alone.

The stakes are usually too high. If you’ve been charged with a crime, please call our office to schedule an appointment to learn how we may be able to help.

This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey Criminal Defense Lawyer.

My Rights if the Police Want to Search My Home or Vehicle

Many of the people that come into my office have obviously already been charged, and when asking me about their case, generally it’s something where the police have searched their vehicle or have searched their home and my next question is, “Well, did they have a warrant to do that or did you give them permission?” Inevitably, I hear from most people that come in my office that they gave consent to search whether it be their car or their house or any other thing that it could have been to search, and unfortunately at that point it is too late.

When a police officer asks to search your car or to search your house, the short answer to them should be ‘no’. It’s their requirement that they have probable cause in order to search whatever it is that they want to search, and if it is your vehicle then they have every right to go and get a warrant, and it is your right to have them go and get that warrant, and that is something that you ought to exercise if you are stopped by the police or they request a consent to search.

This informational blog post was provided by Jason A. Volet, an experienced New Jersey Criminal Defense Attorney. Contact him today for a traffic violation consultation.

Consequences of Driving with a Suspended License for a DUI

If you’ve been charged with driving while suspended for a DUI, it is important to contact an attorney immediately. The penalties that you are facing for driving while suspended for a DUI are greater than those normal penalties for a driving while suspended. If it is your first offense driving while suspended for a DUI while in New Jersey, you are facing ten to 90 days in jail mandatory if you are convicted, and if you have an accident and somebody is injured – and what I mean by an accident and injured is if you are parked at a light and somebody rear-ends you and they are injured, you will do an additional ten to 90 days in jail.

If it is your second driving while suspended for your first DUI, that charge is now a criminal indictable offense heard in superior court with a mandatory 180 days in the county jail or in state prison; wherever your ultimate sentence is you must serve 180 days before you can be paroled. If it is a second or third DUI and you are caught driving while suspended, it is automatically that same criminal indictable offense where you are facing 180 days mandatory in jail. So if you’ve been charged with this offense in New Jersey, it is important to contact an attorney who understands how to defend against this case immediately.

This informational blog post was provided by Jason A. Volet, an experienced New Jersey Traffic Violation Lawyer.

New Jersey Speeding Charges

Many clients come into my office that have been charged with speeding. There are a number of different points that can be assigned to that speeding; it can be as little as two and upwards of five. It’s important to hire an attorney right away. There are a number of things that can be contested with your speeding cases; whether or not the radar or the laser has been properly adjusted and tuned. Basically, to going in there trying to negotiate maybe a lesser point speeding violation or maybe even a no point speeding violation, but it’s important to have an attorney to help you explore those options.

This informational blog post was provided by Jason A. Volet, an experienced New Jersey Traffic Violation Attorney.

What to Know About Cell Phone Violations While Driving in New Jersey

If you’ve been charged with using a cell phone in the car, it’s important to note that the violation penalties have changed very recently. For a first offense of using that cell phone not hands-free, you are facing a penalty of between two and four hundred dollars. For a second offense, you are facing a penalty between four and six hundred dollars, and for a third offense you are facing a penalty of between six and eight hundred dollars, but more importantly, your license can be suspended for up to 90 days, and it is a three-point ticket if it is your third or more violation, so it is important that if you are charged with this offense to contact an attorney to help represent you.

This blog was provided by Jason Volet, an experienced New Jersey Traffic Violation Defense Attorney.

I was Charged with Leaving a Scene of an Accident in New Jersey

If you’ve been charged with leaving the scene of an accident, it’s important to contact an attorney right away. There are serious ramifications for leaving a scene of an accident. There are a number of different things; if somebody was killed, it could be an indictable offense, if somebody was injured the penalties could be severe, if there was property damages those penalties are severe including a loss of license, so it’s important to remember that if you are in an accident, you either need to give your information to the person you’ve had an accident with or to some witness that’s there, and if there is nobody there, it’s important that you drive immediately to the police department and let them know that you were involved with this accident so that you don’t pick up this charge.

Again, you can take what was a simple accident and really turn it into something that was very serious to yourself just by not reporting it to the people that it should be reported to; however, if you have been charged with this, call an attorney right away to explore whatever defenses you may have.

This blog was provided by Jason Volet, an experienced New Jersey Juvenile Crime Attorney.

What do I do if I have Multiple Serious Traffic Tickets?

Having multiple traffic tickets, especially if you do not pay them, can result in the suspension of your driver’s license. Depending on the traffic tickets, penalties can vary, but your first move should be to contact an experienced criminal defense attorney who can help you try and avoid serious penalties.

Some of the most common traffic violations include:

  • Speeding
  • Failure to stop at a stop sign
  • Running a red light
  • Aggressive driving
  • Not using a turn signal when either turning or changing lanes.

Each time you receive a traffic ticket, you also receive points against you on your driving record. If you accumulate enough of these points, your license can be suspended. Having a skilled New Jersey criminal defense attorney at your side can help you fully understand your rights and may even be able to help you avoid severe sentences. If you are facing multiple traffic violations, contact the experienced New Jersey criminal defense attorneys at the Law Office of Jason A. Volet today at 732-503-8968.

This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey Traffic Violations Lawyer.

Consent to Search Your Vehicle – You Don’t Have to Give Consent if Asked

In many traffic stops, the police will ask motorists if they can search the car, open the trunk, or to take other actions to see what is in the car. Often, they will ask innocuous questions like “you don’t have a gun in there, do you?” When the driver replies with “No, officer,” the next question might be “do you mind if I check, just to make sure that I’m safe?”

The fact is, the police are very skilled at asking questions to motorists in an attempt to search vehicles. These questions are usually asked in a way that will be very difficult socially for most of us to say no.

You Have the Right to Say “No” When Asked by an Officer to Search Your Car

As Americans, we are all proud of our Constitution; particularly the Bill of Rights. The 4th amendment against illegal search and seizure was adopted to combat the wrongful searches and seizures by the British, who often would search homes for no reason or probable cause and harass citizens.

The 4th amendment holds strong today. In most cases, you don’t have to give consent to the police to search your car, and likely there is nothing to be gained by providing consent. The police cannot arrest you or take any other action against you solely as the result of refusing to provide consent to a search of your vehicle when asked. So, if you’re asked by a police officer if it is OK to search your vehicle and you don’t want it searched, make sure that you clearly tell the officer that he or she does not have your permission to search any part of your vehicle.

What About if the Police Search My Vehicle Anyway?

If the police believe that they have the lawful right to search your car, they do not need the consent of the motorist – they can simply conduct the search. Motorists should never try to stop the police from searching a vehicle if the police begin a search on their own, even if they believe that the search is wrongful. Trying to stop a vehicle search could result in an arrest.

If the police conduct an illegal search of your vehicle (in other words, if the police did not receive your consent or did not have the lawful right to conduct the search), your lawyer can seek to have excluded all evidence obtained from the wrongful search.

This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey Criminal Defense Lawyer.

Educating on DWI/DUI in New Jersey

A DWI begins with a traffic stop. The prosecution needs to show the defendant was operating a vehicle and that the defendant was intoxicated at the time. After a traffic stop, the police give a number of tests to determine intoxication. Tests may include a breathalyzer, field sobriety, and blood tests. The police later write a police report which gets included in the complaint as discovery on the test results which the district attorney uses to prove intoxication.

A DWI charge can result in community service, jail time, and serious fines depending on the number of prior offenses and whether property or people were harmed during the incident. Without an experienced New Jersey criminal defense attorney, a defendant charged with a DWI may not have someone review all the circumstances of the case to ensure the police had a valid reason to pull over the defendant, the police appropriately administered the field sobriety tests, or the tests properly determined the Blood Alcohol Content.

If you have been charged with a DUI or DWI contact my office and we can set up a time to meet at your convenience. Once I have had an opportunity to learn about your case I can then explain the options available.

This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey DUI and DWI Defense Lawyer.

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