When a New Jersey police officer arrests you or a loved one, the event can be frightening and confusing. Arrests should follow standard procedures, but not everything that occurs is lawful. Understanding what is normal and what is not can help you identify rights violations.
What is normal?
Officers may put a person in handcuffs, ask basic questions and take them to a station. You can also expect searches of the person and nearby areas and have limited access to information for hours. If police arrest you on a warrant, you must appear before a judge within 48 hours.
The bail court will review your Public Safety Assessment (PSA) score and use the record to assess if they should detain or release you and under what conditions. The PSA score gives separate risk ratings for missing court, committing a new nonviolent crime or a new violent crime. Judges then weigh that score with the current charge, your community ties and job and any victim safety concerns before making a decision.
What is not normal?
New Jersey courts are strict about police conduct. They view the following actions as serious violations of your rights:
- Delayed phone access: New Jersey law requires officers to let you contact a lawyer or family as soon as practicable, not hold you without that access.
- Excessive force: Officers must use proportional force and only when necessary. If they hurt you unnecessarily, you need to document any injuries and secure supporting medical records.
- Questioning without Miranda warnings: A judge can exclude your statements if officers question you in custody without reading your Miranda rights.
The arresting officer should respect your right to remain silent. As soon as you can, contact a criminal defense lawyer and politely refuse the officer’s request that you provide a statement without legal counsel present.
Know your rights and protect them
When officers violate your rights during an arrest, judges may toss out key evidence. That decision can greatly affect whether the court releases you, which charges prosecutors pursue and what plea options you can take. A skilled lawyer can review the reports and body camera footage with you and explain how those issues may change your next steps.