New Jersey Supreme Court rules that law enforcement must inform defendant of pending charges prior to obtaining waiver of right against self-incrimination.

By Matthew J. Troiano, Esq. On March 11, 2019, in State v. Vincenty, No. A-40-17(079978)(2019), the New Jersey Supreme Court ruled that law enforcement violated the defendant’s right against self-incrimination when they failed to inform him of the charges filed against him prior to asking him to waive his right against self-incrimination.  The Court determined that this failure by law enforcement deprived the Defendant of the ability to knowingly and intelligently waive his right against self-incrimination.  As such, the Court held that the Defendant’s motion to suppress should have been granted by the trial court. In this case, Adrian Vincenty was questioned by detectives while incarcerated at the Garden State Correctional Facility.  The detectives questioned Vincenty about an attempted robbery and attempted murder, which was unrelated to the reason for his present incarceration.  Prior to questioning, Vincenty had already been charged for his…

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