Undisclosed Charges and Miranda Rights (Part 2)

by Fred Sisto | Jun 5, 2019 | Blog, Criminal Law, Know Your Rights, Monmouth County, New Jersey, Ocean County

The New Jersey Supreme Court continued: Detective Mera explained that the police identified Vincenty from the video recording of the attack and sought his assistance to identify the second assailant on the video recording. Detective Mera told Vincenty that “the judge already charged him,” explained that they obtained Vincenty’s DNA from the mask, and informed him that they “have the charges.”

Vincenty indicated that he was confused and denied any involvement in the attack. Detective Mera said, “We have you with the DNA and we have you . . . with gun charges, right?” Vincenty responded, “Ah huh.” Vincenty nonetheless continued to deny any involvement in the robbery. Detective Mera then told Vincenty that they “presented the evidence to the judge,” who “put the charges in.” Vincenty still indicated that he was “surprised that the detectives had evidence against him.”

The detectives showed Vincenty a picture of the assailants. Vincenty told the detectives one of the assailants “looks like him” and that he has a coat similar to one worn by one of the assailants. Detective Mera explained that they had shown a judge all of the evidence because in order for them to speak with Vincenty, “they needed the charges.” The detectives attempted to elicit information about the other assailant. Vincenty said, “I don’t know him very well like that,” and “I met him thru [sic] another friend of mine.”

The prosecution’s burden to prove a knowing, voluntary and intelligent waiver of Miranda rights is beyond a reasonable doubt. Subsequent case law has watered down this standard in the Miranda hearing context wherein the decision is made by a trial judge instead of a jury. Most people, judges included, are loathe to suppress evidence of a confession. Most people, judges included, also do not appreciate how common it is for people to falsely confess to crimes as a means to an end.

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    Hired Mr.Sisto to handle a case of mine a couple of months ago and while the service was okay the customer service was awful. When I had inquired about a charge I was unsure of on my bill, Mr. Sisto immediately got defensive and had the unprofessionalism to ask me if I “was high” for asking this question. I wonder if Mr. Sisto asks all of his clients this question or only the ones who have jobs in the cannabis industry? Regardless, I don’t believe this was an appropriate question to ask, regardless of the industry one works in, and therefore Mr. Sisto needs to heavily work on his customer service.

Edit: Mr. Sisto had the UNPROFESSIONALISM to reach out to my family and ask them to ask me to take down my review instead of reaching out directly towards me when it was I who was his client, not my family. Clearly speaks to the unprofessionalism surrounding this practice. This has not been the only time Mr.Sisto has gone directly to my family instead of me, his client, for important legal matters and I will not seek out his services again.

For those who may not understand Spanish, the email starts with “You should speak to your daughter regarding the review she has just published.”

Edit to Response: As an attorney, one should be able to make appropriate questions and comments regardless if a client is “uncooperative” or “disrespectful.” The fact that rather than apologizing for the awful interaction with your firm, and I was not released  “within hours” as you claim shows how low value your firm is and how you openly  instead chose to harass my family through email for my initial review rather than actually revomy case which I ended up doing and you chareged me for . Regardless of results, your character speaks volumes and anyone who reads this would know better than to give their money to an awful person such as yourself. What a shame
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Mothers against drunk driving have ruined as many lives as they have saved.
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From the unjust gas tax to the corruption in Trenton, we need more attorneys like
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