What Are You Required to Tell Police When Arrested in NJ?

When a person is arrested for a suspected criminal offense, the police often have a lot of questions. While some questions you must answer, others you may refuse. Knowing the difference might be key to protecting yourself and your rights. A lawyer can help you determine what information should or should not be divulged to the authorities.

After arrest, there is certain information you must give to the police regarding your identity. The police need to properly identify the people they take into custody. If you refuse to provide identification or other biographical information, you might be detained longer or possibly face penalties. If the police ask you questions about the alleged crime while you are in custody, you have the right to refuse to answer. If this happens, you should invoke your right to remain silent immediately and demand to have a lawyer with you before you answer any questions. Your lawyer can advise you on whether talking to the police is a good idea.

Obtain a confidential case assessment for free when you call our NJ criminal defense lawyers at Young, Marr, Mallis & Associates at (609) 257-4019.

Do I Have to Talk to the Police After Being Arrested in NJ?

After being arrested for a criminal offense in New Jersey, you will likely face numerous questions from law enforcement. Some of these questions you have to answer. Others, you may refuse, no matter how many times the police ask you. Dealing with the police can be intimidating, and refusing to answer questions can be difficult. Even so, advocating for yourself and knowing your rights is important.

Some information must be divulged. Generally, if the police need information from you that is not meant to incriminate you, you likely have to tell them. Under the Fifth Amendment of the United States Constitution, people have the right to be free from compelled self-incrimination, meaning the police are not allowed to force you to provide them with the information they need to charge you. However, if the information they seek is not incriminating, like just your name, this right likely does not apply.

Other information does not have to be handed over, no matter how many times the police ask you for it. Namely, anything meant to incriminate you does not have to be divulged. This comes up when the police question or interrogate suspects about suspected offenses.

The key to a good defense is knowing what information you should divulge and what information you should keep between you and our NJ criminal defense attorney. Your best bet is to demand an attorney as soon as possible after you are arrested.

Information You Are Required to Tell Police When Arrested in NJ

Certain details must be provided to law enforcement. Generally, this information includes details about you and your personal life that the police need to properly identify you. First, the police need to identify the people they arrest so that they know they have the right person and whether this person is wanted for other offenses or potentially dangerous. Second, they have to log this information so they can create an official record of the arrest.

Information about your identity the police might ask for may include your name, address, contact information, information about aliases, and other basic information about yourself. The police may also ask to see an official ID if you have one.

General questions asked during the booking process usually have to be answered. Refusing to provide the police with accurate information about your identity might only lead to more trouble. They might even detain you longer because they need more time to identify you. Refusing to allow yourself to be identified may land you in trouble. Providing false or misleading information might lead to additional penalties.

When to Invoke Your Right to Remain Silent After Arrest in NJ

You should have the opportunity to invoke your right to remain silent when the police begin the custodial interrogation process. If you are held in custody by the police, meaning you are not free to leave, and they ask you incriminating questions about an alleged crime, you have the right to remain silent. You may refuse to answer their questions, and your silence may not be used against you later.

The police must inform you of your Miranda rights before custodial interrogation begins. These rights include the right to remain silent and to have a lawyer with you. You have likely heard these rights before on TV or in movies. Invoke both these rights loudly and clearly.

Even if you are unsure whether silence is best or if answering questions from the police could help you, remain silent and call a lawyer. If talking to the police and answering their questions can help you, your attorney can advise you on how to proceed.

How an Attorney Can Help You Protect Yourself After Arrest in NJ

Your lawyer may come to meet with you while you are still in police custody. When you invoke your right to have a lawyer with you during questioning, the police typically keep you detained until a lawyer can be present. They may arrange for a public defender to meet you or allow you to call your own attorney. Public defenders are often overworked with heavy caseloads, and hiring a private attorney who can dedicate more time to your case may be a good idea.

You may speak with your lawyer privately, with no police officers listening. Remember, your conversations with your attorney are protected by the attorney-client privilege. Not even your lawyer may divulge your information to anyone without your permission.

Call Our NJ Criminal Defense Lawyers Immediately if You Are Arrested

Obtain a confidential case assessment for free when you call our Trenton, NJ criminal defense lawyers at Young, Marr, Mallis & Associates at (609) 257-4019.