The New Jersey Supreme Court recently ruled that a defendant’s silence at or near the time of his arrest could not be used as evidence of his guilt or to impeach his credibility at trial. A New Jersey criminal law attorney can help protect your legal rights as well.
Minutes after leaving a bar, the defendant Manaf Stas and his friend Joseph Putz were involved in a car accident in a minivan owned by Stas’s sister. When the police arrived,Putz stated that he was driving at the time of the accident. Stas was silent during this questioning. Putz was arrested and charged with DWI. Stas was charged with allowing an intoxicated person to drive a vehicle over which he had custody and control.
At their trial, Stas and Putz testified that actually Stas had been driving. Nonetheless,
both the municipal court and the Law Division judges concluded that Stas was guilty
based on Stas’s silence at the accident scene.
The New Jersey Supreme Court reversed. It held that the lower courts’ reliance on
Stas’s silence in convicting him violated his privileges under the Fifth Amendment and
New Jersey law against self-incrimination. The privilege protects people who are tried
for DWI-related offenses in quasi-criminal proceedings, including a defendant accused
of an “allowing” violation.
The Court held that the use for any purpose at trial of Stas’s silence after his arrest and
the administration of Miranda warnings violated his privilege against self-incrimination
and his right to due process. As a New Jersey criminal law lawyer will advise you, even
silence that came before the Miranda warnings, if it was “at or near” the time of his
arrest, could not be used at trial.
If you’ve been arrested, you need immediate legal assistance to protect your rights.
New Jersey criminal law attorney Dan T. Matrafajlo has the experience needed to deal
with prosecutors, police, and the courts to get the best possible outcome for your case.
Contact us today at 908-248-4404 for a free consultation.