Shoplifting is considered a criminal offense and will give you
a criminal record if convicted. Because of this fact you are
entitled to your Miranda Rights. What are these rights and do
they protect you for a shoplifting charge? Probably Not:
To understand your rights you must understand the basic Miranda rules:
1) The rules only apply if your being interrogated by the police (Store
are not considered police and thus do not have to give you these warnings
and can use any statement you give to them either in writing or orally
against you in court).
2) Interrogation by police means that you are not free to leave.
3) The new decision explained below still means the police must still give you
the Miranda Warnings.
However, in a United States Supreme Court Decision announced in 2010 the
court turned upside down the law as it has stood for nearly 50 years. The
Court stated: “A suspect who has received and understood the Miranda
warnings, and has not invoked his Miranda rights, waives the right to remain
silent by making an uncoerced statement to the police,”
The court stated it's up to the accused to invoke his rights and if the suspect
later talks those statements can be used against him or her. The police are
"not required to obtain a waiver" of the suspects "right to remain silent before
interrogating him," wrote Justice Anthony M. Kennedy. Berghuis v.
Prior to this decision the common rule was that once a defendant stated or
implied that he did not want to speak to police, if the police continued to
interrogate him those statements could not be used against him. Now, the
law is that: even if you do invoke your Miranda Rights and do not speak to the
police if you later say something even after 3 hours of questioning these
statements can and will be used against you.
Conclusion: The fish would have never gotten caught unless it opened its
mouth. Anything you say to anyone but an attorney in his or her office can
and will be used against you in court. Prior to paying your shoplifting lawyer
to handle your case, the only right to confidentiality is with your Lawyer in his
or her office. Any conversations over the phone or through e-mail is not
protected. That is why our office offers the extra and more time consuming
step of giving our shoplifting clients a free in office consultation. Only in an
in office consultation can our shoplifting lawyers guarantee the privacy of
your statements and comments. In a time when anything you say can and will
be used against you in a court of law, this extra step can be the difference
between winning your case and losing. Let us help you win your NJ
shoplifting charge, call our office at 1-800-9-RIGHTS and start protecting your
legal rights today.
"Our Name Says It All"
Free Private Consultation
Call 24/7 1-800-9-RIGHTS
Your Miranda Rights and Statements Made to Police and Store Personnel
|We all the know the famous Miranda Warnings: "You have
the right to remain silent and anything you say can and will
be used against you in a court of law . . . . You have the right
to have an attorney if you cannot afford one, an attorney will
be appointed for you . . . .
"When Winning Counts"
98% Success Rate of Winning, Reducing,
or Eliminating the Penalties
*98% Success Rate is based on the past shoplifting and theft cases and is not a guarantee of future results. Associate attorneys from the firm do have lower success rates. Past
performance is not indicative of future results. NJ Shoplifting Lawyer H. Scott Aalsberg Esq. has been selected as a Member of The National Trial Lawyers Top 100 Trial Lawyers
for three consecutive years 2014-6 and as a Top Criminal Defense Attorney by AVVO Attorney Rating Service with a 10.0 rating. To Learn About the selection process click here
"The Shoplifters Attorney"
The Aalsberg Buildings
1028 Route #23 North, Wayne, N.J. 07470
39 Milltown Road, East Brunswick, N.J. 08816
1-800-9-RIGHTS or (732) 257-5040
www.shopliftersattorney.com "Our Name Says it All"