Limited English Miranda Rights Waivers (Part 2)

by | May 14, 2019 | Blog, Criminal Law, Legal Procedures, Monmouth County, New Jersey, Ocean County

The Court continued in relevant part: During the course of the interrogation that followed, defendant admitted to touching his step-granddaughter inappropriately. A grand jury indicted defendant for multiple counts of sexual assault and for endangering the welfare of a child.

Defendant challenged the admission of his statement to police and Detective Ramos’s translation of the interview.  At the hearing on defendant’s suppression motion, Detective Ramos testified that defendant “took his time reading the form. It appears to him that defendant did read it.” Detective Ramos acknowledged that he did not ask any questions to determine defendant’s educational background or literacy level. He also testified about discrepancies between the video recording and the transcript of defendant’s statement and explained that he was “paraphrasing” defendant’s answers.

After watching the DVD of defendant’s interview, the trial court denied defendant’s motion to suppress, finding that “defendant appeared calm during the interview, appeared to understand the questions posed to him in both English and Spanish, and was able to answer the questions forthrightly.” The court also explained that defendant seemed “alert and cognizant” while the form was explained to him and that “it was clear from the video tape that defendant was given an opportunity to read the waiver paragraph and signed the waiver portion, and did in fact review the waiver portion before signing it.”  Finally, referring to defendant’s expressed preference that the interview be conducted in Spanish, the court added that, “if defendant had any problem reading the waiver portion of the form, written in Spanish as he had requested, it is clear to this court that he would have voiced such difficulty.” The court concluded that, considering the totality of the circumstances, defendant knowingly, intelligently, and voluntarily waived his Miranda rights. Defendant pled guilty to second-degree sexual assault while reserving his right to appeal the denial of his motion to suppress.

The prosecution is required to prove the knowing and voluntary waiver of Miranda rights beyond a reasonable doubt before a defendant’s custodial statements can be admitted into evidence. In theory, this is a significant protection against the admission of coerced confessions. In practice, most judges do not wish to throw out evidence that makes or breaks a case after being confronted with the defendant’s own admissions. What judges do not see is the unrecorded conduct that preceded the defendant’s recorded statement.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
Google star 1Google star 2Google star 3Google star 4Google star 5
Estoy realmente satisfecho con el excelente trabajo que hizo el abogo en mi caso de DIU. Agradecido por que el caso fue un éxito, ya que además tiene mucho conocimiento en estos casos y no dudo que en otros casos también. Lo recomiendo totalmente.
Luis A
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Great location
John G
Google star 1Google star 2Google star 3Google star 4Google star 5
Current Pre law students and I had a question pertaining to a certain scenario in class. He responded back and gave me a case that broke down exactly what I asked for.
Chad T
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable with expungement!!! Thanks again!!!
Nicole B
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
On time and on point. Very knowledgeable
Ron T
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto and his entire staff were courteous, professional and got our case handled quickly and to the best outcome. Great lawyer. Highly recommend.
Bryan B
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F