New Jersey v. Vincenty

Defendant Adrian Vincenty argued two detectives failed to inform him of the criminal charges filed against him when they interrogated him and asked him to waive his right against self-incrimination. Relying on New Jersey v. A.G.D., 178 N.J. 56, 68 (2003), Vincenty filed a motion to suppress statements he made to the detectives. The trial court denied his motion in part and granted it in part. The trial court held that the detectives did not violate A.G.D., but the court suppressed the statements Vincenty made to the detectives after he invoked his right to counsel. Vincenty pleaded guilty to first-degree attempted murder and was sentenced to ten years’ imprisonment with an eighty-five percent parole disqualifier. Vincenty appealed the denial of his motion to suppress. The Appellate Division affirmed the trial court’s denial of Vincenty’s motion to suppress. According to the Appellate Division, the record showed that Vincenty was informed of the charges pending against him before he waived his right against self-incrimination. Thus, the Appellate Division held, the detectives did not contravene A.G.D. After its review, the New Jersey Supreme Court disagreed with the appellate court, finding the record revealed the detectives failed to inform Vincenty of the charges filed against him when they read him his rights and asked him to waive his right against self-incrimination. "That failure deprived Vincenty of the ability to knowingly and intelligently waive his right against self-incrimination. Pursuant to A.G.D., Vincenty’s motion to suppress should have been granted." The Court thus reversed the Appellate Division’s judgment and remanded this case for further proceedings. View "New Jersey v. Vincenty" on Justia Law