Defendants in criminal cases often struggle to protect their rights, especially when police officers or other law enforcement officials use threats, lies, and coercion to extract confessions. While most people are aware of their “Miranda rights,” which include the right to remain silent and refuse to answer questions or provide information requested by police officers, as well as the right to be represented by an attorney, many people are convinced to waive these rights during an investigation or interrogation. A recent case in New Jersey illustrates how this issue may be handled in certain situations and how those who are accused of committing crimes can protect their rights.
New Jersey Supreme Court Reverses Verdict Based on Defendant’s Right to an Attorney
In the case of State v. Gonzalez, a woman who had worked as a nanny was accused of assaulting a child that was in her care and causing broken bones and other injuries. Prior to being interrogated by police officers, she had signed a waiver of her Miranda rights. During the interrogation, an officer lied to her and claimed that there was video surveillance of her interactions with the child. This led her to confess to abusing the child, and the officer also convinced her to write an apology note to the child’s parents.
During her trial, the defendant attempted to have the confession and apology note suppressed because she had not been allowed to have an attorney represent her during the interrogation. The court denied this request and allowed the evidence to be used during the trial, and the woman was convicted of child endangerment and assault and sentenced to nine years in prison.
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