What should you do if a police officer stops you and begins to ask you questions?

            Remember, you have the right to remain silent.  You also have the right to have an attorney with you during questioning.

 
            Is this right absolute?  The right to an attorney does not apply in New Jersey to your decision to take a breathalyzer test or not; however, in this instance, you do have the right to have independent testing.
 
            Don’t let a gun and a badge push you around; if you are questioned by a law enforcement officer, tell them that you want your attorney with you.  Tell them that you wish to remain silent.
 
            Anyone can be falsely accused of a crime; yes, anyone.  A few months back, I was defending a woman falsely accused of a domestic violence charge.  She was assaulted by her then boyfriend.  I obtained her medical records as evidence; my client sought to press charges against him, also.  I then called her former boyfriend and explained to him that they could both raise their right to remain silent in court.  Sometimes, this leads to a dismissal of charges.
 
            The boyfriend then called the police and falsely claimed that I told him not to come to court, and that I harassed him.  When the police officer in Burlington County called me, I was absolutely livid!

            Needless to say, I did not follow my own advice; I was too close to the situation.  However, the Municipal Court Judge correctly refused to sign the charge against me; there was simply no basis.

 
            If you or someone you know is questioned by the police, let me do the talking for you.  What I say as an attorney is not evidence.  Anything you say can and will be used against you!  I have had cases before that I believed would have been dismissed if everyone invoked this right….