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Cooperating with law enforcement will make no difference in terms of potential consequences or punishments associated with an arrest or conviction. Many officers will claim that they will “go easy” on a person if they cooperate, but that is the officer’s way of trying to gather additional information to justify an arrest. It is never advisable for an individual to argue or resist an officer, but they should also refuse to answer any questions, perform balance tests, and provide a blood or urine sample without a warrant or a court order. It is important to remember that the only test the law requires without a warrant or a court order is a breath test.
Negotiations take place in court between the defense attorney and the prosecutor—not with police officers while a person is under arrest. If the police are attempting to negotiate with someone after that person has been arrested, it’s probably just another ploy to get that person to incriminate themselves.
If the police are knocking at a person’s door, the individual should choose not to open it unless the police have a warrant. The individual should exercise their right to remain silent and ask for an attorney.
If someone has been asked to go to the police station to talk about an incident, they should decline to do so and should immediately contact an attorney.
When pulled over in a motor vehicle situation at the scene of an accident, an individual is required by law to exhibit driving credentials, which include a driver’s license, vehicle registration, and proof of insurance.
Police are entitled to use almost any reason to order a person out of their vehicle. If the police exhibit a fear or concern that weapons might be present, they are entitled to pat down the person and examine the portion of the vehicle that was within reach of the suspect; this does not include closed spaces like glove boxes or center consoles, but does include the floor of the vehicle, the dashboard, and other easily accessible spaces.
The passenger of a vehicle has the right to remain silent and to consult with an attorney. Police have a slightly higher burden to overcome in order to ask a passenger to get out of a vehicle, but when it comes to dealing with preliminary questions, the evidentiary burden is very low. In general, it is best for a passenger to get out of the vehicle if asked to do so. The safest course of action would be to refuse to answer any questions prior to consulting with an attorney.
For more information on Cooperating With Law Enforcement In NJ, a consultation session is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.