When Do the Police Need to Read You Your Rights in Nebraska
Miranda warnings are an important part of your 5th Amendment right against self-incrimination in Nebraska. Check out this guide to find out when they need to be read and what happens if they a person is not advised of Miranda warnings under Nebraska law.
What Rights Must be Read to You?Miranda warnings have five main rights that should be advised by law enforcement. Although this case was decided by the US Supreme Court, the rule applies in Nebraska as well.
These are your rights in the Miranda warnings:
1. What you say can be used against you in court.
2. You have the right to consult with a lawyer.
3. You have the right to have a lawyer present during questioning.
4. You have the right to be represented by a lawyer free of charge if you cannot afford one.
5. If you decide to answer police questions, you have the right to stop the interview at any time.
When Must the Police Read You Your Rights in Nebraska?The police don't need to read Miranda rights in every situation. They are only necessary prior to "custodial interrogation."
This means a you must be in police custody, which could include arrest or other situations where you are not free to leave. The interrogation part covers any type of questioning by the police while you are in custody.
This seems straight forward enough, but there are several gray areas that have come up over the years that the courts have dealt with. Whether or not the police were required to read you your rights would depend on the specific facts of your case.
What Happens if the Police Don't Read You Your Rights?If you were questioned while in custody and the police did not advise you of your Miranda rights, you can ask the court to throw out any statements that you made to the police during that interview.
If the police do not read you your rights, it doesn't necessarily mean that the whole case is automatically thrown out.
However, if your statements to the police were thrown out and were the strongest piece of evidence against you, there is a good chance that getting those statements thrown out could lead to getting your case dismissed.
Like most criminal cases, how to proceed depends on the specific facts of your case.