Should a Confession Given While Under the Influence Be Suppressed in NJ?
- October 19, 2012
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A defendant convicted of second-degree illegal possession of a weapon won a motion to suppress the confession and had the guilty verdict overturned based on his being under the influence at the time he confessed. The motion was granted on the basis of defendant’s preconfession statements to police that he was not mentally fit at the moment due to drugs coupled with inquiries he made regarding waiver of his right to counsel which indicated lack of adequate understanding thereof. Prior to obtaining a confession, the police are required to unscrupulously honor your request your rights to remain silent and to have an attorney present. If police fail to appropriately determine whether you are able to understand your rights while under the influence of drugs, you may be entitled to a suppression of evidence. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing criminal charges as a result of a confession and believe you may be entitled to suppression of the confession, you should consult an experienced traffic law attorney immediately in order to protect your rights. For more information on suppression, confessions, weapons charges, drug charges or other criminal law or municipal court matters in New Jersey visit HeatherDarlingLawyer.com.