Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - AV Preeminent Victor A. Rotolo 2024
Badge - Client Champion Gold 2024
Badge - Hunterdon County Chamber of Commerce
Badge - Top 100 The National Trial Lawyers
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

July 2019 - You’re Under Arrest – What Now?

You’re Under Arrest – What Now?For most people, just the thought of being arrested is frightening. Not knowing what to expect makes the situation even more stressful. The important thing to remember if police pull you over or arrest you is to not panic. That could only make a difficult situation worse. Remember:

  • Stay calm
  • Don’t make any sudden moves
  • Keep your hands in sight
  • Comply with all reasonable requests (i.e., providing identification when asked)

Before police in New Jersey can make an arrest, they must have sufficient proof that a crime has been committed and that the person being arrested is the one who committed it. That’s known as probable cause. At that point, police are permitted to conduct a search at the scene. Assuming the arrest is legal, the search is also legal; anything found in this search could lead to additional charges.

We’ve all seen police shows on TV where suspects are read their Miranda Rights as they’re being cuffed and walked off to a waiting patrol car. But that’s TV; in reality, once arrested you’ll be taken to the police station or jail and processed, meaning police will record your identifying information and details of your arrest and you’ll be photographed and fingerprinted. At this point, you’re in custody and subject to custodial interrogation. That’s when the police must read your Miranda Rights.

Miranda Rights are based on protections granted under the 5th, 6th and 14th Amendments: protection against self-incrimination, the right to counsel, and the right to due process. It’s in your best interest to exercise your rights to remain silent and to counsel. By continuing to talk to police without a lawyer, you risk saying something incriminating that can be used later as evidence. A criminal attorney is best suited to defend you against interrogation and any case being built against you.

Few people set out to get arrested, but everyone is capable of making mistakes. If you find yourself or a loved one in this situation, your first step should be to consult an experienced criminal attorney.

What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian