Law Offices of Michael T. Nolan, Jr.

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January 2012 Archives

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. 

DWI Field Sobriety Test Requires Reasonable Suspicion Only - Probable Cause Not Necessary

In State v. Bernokeits, the Appellate Division of the Superior Court of New Jersey upheld a lower court ruling that field sobriety testing requires only a reasonable, articulable suspicion of driving while intoxicated ("DWI"), not probable cause.

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