Undisclosed Charges and Miranda Rights (Part 4)

by | Jun 9, 2019 | Blog, Criminal Law, Know Your Rights, Monmouth County, New Jersey, Ocean County

The Court continued: A.G.D., detectives questioned the defendant at his home about allegations of sexual abuse. 178 N.J. at 59. The detectives did not tell the defendant that a warrant for his arrest had been issued. The defendant confessed to the alleged sexual abuse and was subsequently convicted of related offenses. Before trial, the defendant moved to suppress his confession. The Court held that the defendant’s confession should have been suppressed because the “government’s failure to inform a suspect that a criminal complaint or arrest warrant has been filed or issued deprives that person of information indispensable to a knowing and intelligent waiver of rights.” If suspects are not informed that a criminal complaint or arrest warrant has been filed against them, they necessarily lack “critically important information” and thus “the State cannot sustain its burden” of proving a suspect has knowingly and intelligently waived the right against self-incrimination.

A.G.D. thus calls for law enforcement officials to make a simple declaratory statement at the outset of an interrogation that informs a defendant of the essence of the charges filed against him. That information should not be woven into accusatory questions posed during the interview. The State may choose to notify defendants immediately before or after administering Miranda warnings, so long as defendants are aware of the charges pending against them before they are asked to waive the right to self-incrimination.

Vincenty’s interrogation is precisely what A.G.D. prohibits, and it substantiates A.G.D.’s holding.  Unaware that charges had been filed against him, Vincenty appeared willing and ready to waive his right against self-incrimination. However, when Vincenty was informed of the criminal charges filed against him, everything changed. His willingness to speak with the detectives dissipated. As that chain of events demonstrates, Vincenty’s ability to knowingly and intelligently decide whether to waive his right against self-incrimination was fundamentally altered when he was informed of the criminal charges filed against him. Withholding that critically important information deprived Vincenty of the ability to knowingly and voluntarily waive the right against self-incrimination.

The New Jersey Supreme Court continued: The trial court and Appellate Division erred in holding Vincenty knowingly and intelligently waived his right against self-incrimination. Consideration of harmless error would not change matters here because some of Vincenty’s statements could be fairly characterized as inculpatory, and Vincenty’s conduct reveals that his decision to plead guilty was influenced by the trial court’s suppression ruling. The judgment of the Appellate Division is reversed and the matter is remanded to the trial court for further proceedings.

This case demonstrates why the police are trained to not seek arrest warrants before interrogations. When they do, they have the burden to inform defendants of the nature of the charges. This not only provides an additional basis for suppression, but it also disincentives a lot of people from waiving their rights. This is because people often speak to the police because they are told that they can not be informed of the nature of the case against them until they waive their Miranda rights.

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
Many thanks to Fred for the posts of where the DWI checkpoints will be held and for the advise to take an Uber when planning a night out!!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
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
Ximena C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely knowledgeable and so helpful. I would recommend him to anyone. He really goes above and beyond. He cares about his work and his clients.
Kevin M
Google star 1Google star 2Google star 3Google star 4Google star 5
I called Mr. Sisto a few weeks back and he returned the call immediately! I asked a few questions and he clearly explained the options for one of my employees. He then followed up with a detailed proposal. He was completely knowledgeable, helpful and insightful. If I ever had to use him I would feel VERY comfortable with his representation.
Dave P
Google star 1Google star 2Google star 3Google star 4Google star 5
Highly professional The lawyer Frederick is a serious and professional person, he helped me a lot in my case, I recommend him a lot to help you too, he is always in contact with you explaining the process, a very patient and kind person.
Ca
Google star 1Google star 2Google star 3Google star 4Google star 5
Always up to date on with his services.
Anthony L
Google star 1Google star 2Google star 3Google star 4Google star 5
Nice to know where to avoid,I drive a taxi and can save time if I know where they are because they tie up traffic.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
Freehold F
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V