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Know Your Rights

If You are Arrested or Charged with a Crime

Attorneys Howard Bailey and Michael Orozco are committed to seeing that the rights of the accused are upheld throughout the criminal justice system. In line with that commitment they have provided the information below. If you would like to speak with one of the lawyers about representation please contact our office to arrange a free consultation.

Your Rights in the New Jersey Criminal Justice System

One of the best known statements of an individual's rights, at least in the context of criminal proceedings, is that contained in the MIRANDA WARNING. The rights listed there are familiar (although perhaps not fully understood) to generations of people who have heard them invoked in countless police movies and television shows.

  • You have the right to remain silent.
  • Anything you say can be used against you in a court of law.
  • You have the right to talk to a lawyer and to have him present with you while you are being questioned.
  • If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you want one.
  • You have the right to stop answering questions or giving a statement any time you wish, and you do not have to give a reason. You also have the right to demand a lawyer during the giving of a statement or the answering of questions and may stop until he arrives. If you cannot afford a lawyer, one will be appointed to represent you.

If you are ever given your Miranda warnings by a police officer:

  • Ask for a Lawyer.
  • Control yourself, and stay calm. 
  • Do not resist or touch any officer. 
  • Don't argue with or threaten the officers. 
  • Ask if you are under arrest or if you can leave now. If you are told that you can leave, LEAVE and then call an attorney. 
  • If you are told that you are under arrest, then ask what you are being charged with.
  • Tell the police your name and address.
  • If the officers conduct a search, do not resist or interfere, but state that you do not consent to the search.
  • If the officers state that they have a search warrant, then ask for a copy.
  • Do not make any statements, orally or in writing, regarding the circumstances which resulted in you being given your Miranda warnings, until you have had the opportunity to speak with an attorney who is representing your interests. 
  • Do not make any explanations or excuses.
  • Remember that anything you say or do can be used against you in a court of law.

Bailey & Orozco: Newark Criminal Defense Attorneys

FREE INITIAL CONSULTATION • Se Habla Español

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744 Broad St, Suite 1901 Newark, NJ 07102

Office Hours: 8:00 AM - 5:00 PM Monday - Friday
Evenings and Weekends by Appointment
Available 24 hours a day, 7 days a week

Call 866.919.6193 for more information or to make an appointment for a Free Initial Consultation with a criminal defense lawyer.