Facing a drug charge in New Jersey is a serious and profoundly unsettling experience. In a moment of stress or fear, the instinct might be to cooperate immediately by answering a police officer’s questions. However, the most strategic, steadfast action you can take is to assert your right to remain silent and request an attorney.
Speaking to law enforcement about a drug case—or any criminal matter—without legal counsel by your side is one of the riskiest decisions you can make. Here is why exercising your rights is crucial.
Your Words Can Be Used Against You—Even When You’re Innocent
This is the central tenet of the Fifth Amendment: you have the right against self-incrimination. Anything you say, even an off-hand remark or an attempt to clarify your position, can and will be used by the prosecution to build their case.
Police officers are highly trained in interrogation techniques and may lead you to believe that a simple explanation will resolve the matter. This is rarely true. Your statements could be misinterpreted, taken out of context, or inadvertently provide the missing piece of evidence the police need to move from suspicion to formal charges. In New Jersey, the privilege against self-incrimination is a cornerstone of our justice system, and it is your strongest shield.
You Could Unintentionally Waive Your Rights
Law enforcement is generally not required to read you your Miranda rights unless you are both in custody and being interrogated. If you are simply being questioned on the street or at your home, you might not be told, "You have the right to remain silent."
By voluntarily speaking to the police, you may inadvertently waive your right to silence and your right to counsel. Once you start talking, it becomes more difficult for an attorney to later argue that your statements were coerced or obtained illegally. An attorney ensures your Miranda rights are protected and, more importantly, advises you on the best strategic course of action before you utter a single word.
You Could Jeopardize Your Eligibility for Drug Court
New Jersey offers a powerful alternative to incarceration for non-violent drug offenses called the Drug Court Program. This program focuses on treatment and rehabilitation, and successfully completing it can result in the dismissal of charges.
However, certain actions—or statements you make to police—could potentially impact your eligibility. For example, if your statement suggests you were involved in violent activity or large-scale distribution, it could disqualify you from this life-changing program. A strategic defense begins immediately; waiting to speak to an attorney can mean losing access to the most compassionate and rehabilitative options available.
You Need an Advocate, Not an Adversary
The police's job is to gather evidence to secure a conviction. Your attorney's job is to protect your rights, challenge the evidence, and fight for the best possible outcome in your case. By speaking without an attorney, you are engaging with the adversary alone.
A dedicated New Jersey defense attorney from Rigden Lieberman Mignogna, P.A. will investigate the circumstances of your arrest. This includes the legality of any searches or seizures, and strategizing a defense aimed at minimizing the impact of the charges on your life. This is a battle of strategy, and you should never step onto the field without an experienced guide.
Reach out to us now.
If you are a New Jersey resident facing a drug case, be steadfast in your rights. Be strategic with your silence. Do not speak to law enforcement without Rigden Lieberman Mignogna, P.A.. For the compassionate and strategic defense you deserve, contact our experienced attorneys today at (609) 772-4218.