New Jersey DWI Attorney John Menzel

What Is The Most Common Way That We Come Into Contact With Law Enforcement?

Most people come into contact with the police during motor vehicle stops for traffic infractions.

What Are Some Common Mistakes People Make When They Encounter Law Enforcement?

The most common mistake people make when encountering law enforcement agents is speaking without knowing their purpose. Once the police have arrested a person, they will begin gathering evidence that can be used against them. A primary defense under such circumstances is the Constitutional right to remain silent, consult with an attorney, and be free from unreasonable searches and seizures. The most important words that a person should remember are “silence” and “attorney.”

How Common Is It for A Person To Immediately Provide A Statement To Police?

Unfortunately, people very frequently give statements to the police. It is important to understand that when a police officer asks someone specific questions or requests that they perform field sobriety tests, their goal is to create evidence that will justify their decision to conduct an arrest. In order to pull over a vehicle or investigate an accident, an officer only needs to have reasonable suspicion, which is a very low standard that does not require them to prove that the person was speeding, failing to maintain their lane, or otherwise doing something that caused an accident.

Once reasonable suspicion has been established, the officer will try to develop probable cause, which is a reasonable basis on which to continue their investigation. The reason for the motor vehicle stop, statements made to the officer, observations made by the officer, and the suspect’s performance on balance tests may factor into the determination of the probable cause. This type of evidence is not about proving guilt, but rather about forming a reasonable basis upon which the officer can justify a continuation of their investigation.

Why Are People So Willing To Give Up Information Right Away When Speaking To The Police?

Many people are taught that in order to show respect to police officers, they must cooperate with them. Some people are intimidated by the fact that they are dealing with a person who is in uniform and carries a gun, and they feel obligated to answer their questions. For various reasons, people often forget that they have a Constitutional right to remain silent and to consult with an attorney and that using that right is not disrespectful toward the officer. Many officers will try to make people think that by requesting an attorney prior to giving a statement, they are somehow showing disrespect or an unwillingness to cooperate. The police can even lie to a person in an attempt to generate information that will further their investigation.

For more information on Interaction With Law Enforcement In New Jersey, a consultation session is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.

John Menzel, J.D.

Learn your options - call me for your free, 20 min phone consultation (732) 218-9090

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