Law Offices of Michael T. Nolan, Jr.

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Major/Violent Crimes Archives

U.S. Supreme Court: State Prisoner Questioned by Police in Prison Not in Custody for Miranda Purposes

The highest court in the land -- the United States Supreme Court -- has recently ruled that an inmate in state prison, who was questioned by police about criminal offenses he committed prior to entering the prison facility, was not in custody for purposes of Miranda v. Arizona.

Requesting to Speak With Your Mother Is Not An Invocation of Miranda Rights

The New Jersey State Supreme Court has recently handed down yet another significant decision in the area of criminal law and defense, specifically with regard to the invocation of a defendant's so-called Miranda rights (i.e., right to remain silent, right to consult with an attorney, etc).  In State v. Diaz-Bridges, the Supreme Court held that a defendant's request to speak with his mother while in the midst of a custodial interrogation was not an assertion of his right to remain silent as guaranteed under the United States Supreme Court's seminal decision in Miranda v. Arizona.

Resentencing Ordered in Case of Drunken Driver Who Caused Death

The Appellate Division of the State Superior Court recently held that a trial judge in Cape May County must reconsider a 30 year prison sentence he imposed on a drunk driver who caused a crash that resulted in the death of another vehicle's driver and seriously injured the passengers in that vehicle. 

Public Safety Exception Allows Police Questioning Post-Miranda

The Appellate Division of the Superior Court of New Jersey has recently held that where public safety is at stake, the police are permitted to question a defendant in custody even after he has invoked his right to counsel pursuant to the seminal case of Miranda v. Arizona

Lack of Miranda Warnings Prevents Statements from Being Introduced as Evidence

In Miranda v. Arizona, 384, U.S. 436 (1966), the United States Supreme Court held that a person questioned by law enforcement officers after being "taken into custody or otherwise deprived of his freedom of action in any significant way" must first "be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." Stansbury v. California, 511 U.S. 318, 322 (1994)(quoting Miranda, 384 U.S. at 444).

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