New York Criminal Attorney Blog
If you are questioned in relation to a criminal matter in New York, there are important rights you have under the law. Oftentimes, however, the reality is that state actors do not follow the law when interrogating suspects. If you have faced any kind of interrogation and are now being charged with a crime, one tool available to you is filing a motion to suppress. A defendant can file a motion to suppress to ask the trial court to “suppress,” or get rid of, the record of their statements to the officer questioning them. A successful motion to suppress can then have hugely beneficial effects during the rest of a defendant’s criminal proceedings.
In a recent case before the Appellate Division, Second Department, the defendant appealed the denial of his motion to suppress statements he had given to an officer in connection to several burglaries. While the court ended up denying the defendant’s appeal, the order offers several interesting circumstances that can be grounds for a successful motion to suppress.
The Questioning Officer’s Obligations During Interrogation
When an officer questions a suspect, who is in police custody, regarding a criminal matter, the officer must give that suspect his Miranda warnings – that is, the officer must clearly articulate that the suspect has the right to remain silent and has the right to an attorney. If the suspect waives these rights, he must do so knowingly, and he must understand what he is giving up. If a suspect is held for multiple days or multiple rounds of questioning, the officer has a responsibility to reread the Miranda warnings at reasonable intervals.
If the officer takes certain extreme measures during interrogation, the court will be more likely to grant the defendant’s motion to suppress. For example, if the officer refuses to give the suspect food and drink, does not provide the suspect time to rest between rounds of questioning, or does not allow the suspect to smoke cigarettes when he asks, this could be grounds for a successful motion to suppress later on. If an officer handcuffs the suspect while interrogating him, this could also be grounds for suppression.
Overall, every case is different. If you have questions about interrogation or even casual encounters with the police, we recommend that you speak with an experienced New York criminal defense attorney that can help you understand the nuances of the state’s laws.
Do You Need a New York Criminal Defense Attorney for Your Case?
At Tilem & Associates, our firm offers personalized solutions and aggressive representation for those in need of a New York criminal defense attorney. We have been proudly representing the rights of individuals facing a wide range of legal matters for more than 25 years. Our firm handles everything from simple DUI cases to complex violent crimes cases. For a free and confidential consultation with a New York criminal defense attorney, you can reach us at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps.