Although I have written
previous blogs on the need for defendants to keep quiet when being questioned
by police, I do so again.
The New Jersey Supreme
Court in a recent decision affirms that scared Fifth Amendment right when it
scolded a municipal court judge’s decision who took into account the defendant’s
silence in its decision finding the defendant guilty.
In State v. Stas,
Mr. Stas and his friend (Mr. Putz), were involved in a motor vehicle accident in
which Mr. Stas’ friend claimed he was the driver. While Putz was claiming he was the driver of
the vehicle, Stas said nothing. After
failing field sobriety tests, Putz was arrested for DWI, and Stas was charged
and arrested for allowing an intoxicated driver (Putz), drive a vehicle in
which he had custody and control over in violation of N.J.S.A.
39:4-50(a).
A joint trial was held in
which both Stas and Putz were found guilty: surprised? However, at trial, Stas said that he was the
driver of the vehicle and not Putz, and Putz stated that he had lied to the
police and was not the driver.
The municipal court judge
found that Stas was not credible because he had remained silent while Putz lied
to the police, and said nothing. Both
the law division judge in the trial de
novo, and appellate court on appeal, held that the municipal court
committed no plain error in using Stas’ silence against him.
The Supreme Court reversed
and held that every defendant-suspect has the absolutely right to remain silent
and that silence cannot be used as substantive evidence against him or her in
determining quilt. The Supreme Court
reversed the conviction and ordered a new trial.
This case is another good
example of the need for a suspect in a criminal or traffic investigation to
remain silent when being questioned by police.
It is not even necessary for the defendant to state that he wants to
speak to a lawyer or has consulted with a lawyer; it is none of the cops
business. The suspect should simply
remain silent and says that he has nothing to say at this time. As fisherman say, “A fish doesn’t get caught
until it opens its mouth.”
Law Office of Vincent J.
Sanzone, Jr.
October 2, 2012
P.O.
Box 261
277
North Broad Street
Elizabeth, New
Jersey 07207
Office Phone No. (908)
354-7006
Cell Phone No. (201) 240-5716
Elizabeth Criminal Defense
Attorney, Union County Criminal Defense Lawyers, Newark Criminal Defense Lawyers,
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