Hudson County Criminal Lawyer Blog
No, a defendant’s right to have an attorney present during interrogation is guaranteed by both the Fifth Amendment to the U.S. Constitution and the landmark U.S. Supreme Court case Miranda v. Arizona.
Accordingly, any statements made during the interrogation of a defendant in custody may be admissible as evidence only if the defendant is fully aware of their rights and made their statements voluntarily.
On July 20th, 2021, the Appellate Division of the Superior Court of New Jersey decided in State v. Dorff, that the trial court erred in denying the Defendant’s motion to suppress her statements to law enforcement during one of two separate interrogations. The Court came to this conclusion based on the circumstances surrounding the Defendant’s statements to law enforcement and the violation of her right to counsel.