The moment you are arrested for any charge, there will be a criminal record started. Even if you are later found “not guilty” of the charges, that arrest record will be on file and available for anyone to look up. However, you might have an opportunity to expunge those records. This is something you’ll definitely want to discuss with your Omaha criminal defense lawyer.
Any Omaha criminal defense lawyer can tell you that the Supreme Court has emphasized that anyone who has been arrested has the right to be read the Miranda warnings by the authorities. These warnings include the following concepts:
- The right to remain silent;
- Anything that the defendant says can and will be used against them in a court of law;
- The right to discuss their case with a lawyer and to have an attorney present with them during questioning; and
- The right to be appointed a lawyer at no charge if they cannot afford an attorney before they are questioned.
Consequences of Failure to Give Miranda Warnings
If the authorities do not read these warnings to an arrestee, their statements will be dismissed. However, the defendant must prove that they were actually in custody at the time. The courts have determined interrogation to mean such actions by the authorities that could result in an incriminating statement from a defendant. The detainee’s perception of being in custody is sometimes taken into consideration. If you are not certain if you were in custody when the police questioned you, talk to our Omaha criminal defense attorney.
Defining Custody as It Relates to the Miranda Warnings
The court will review the entire situation surrounding the interrogation to determine the duty of the authorities to inform the defendant of their Miranda rights. Considerations include if the person was handcuffed, how much pressure the defendant felt, the wording used toward the arrestee, if the police confronted the person with evidence, the physical location of the questioning and how long the defendant remained in custody.
Talking to a Criminal Defense Attorney
If you feel that you were denied your rights, including Miranda warnings, our Omaha criminal defense lawyer can provide you with help in your case.
According to the United States Department of Transportation, three particular field tests are good indicators of potential driver impairment when they are utilized conjunctively. Read below to learn about these three specific tests and how law enforcement officers can effectively administer these tests to garner accurate results. Let your Omaha DUI lawyer know if there is anything listed here that did not go on during your stop.
If you are the subject of a police investigation, you will need the assistance of an Omaha criminal attorney to help you navigate the process and make sure you are not exploited by the system or that untimely delays are caused. The investigation process can be daunting and intimidating, but a lawyer with experience in dealing with the police will help ease the process for you.
During your interview for bail, an Omaha criminal lawyer will guide you to be truthful when you answer questions. However, certain questions may cause further incrimination against you:
- If your true name reveals fraudulent identification documents;
- If your true name reveals that your immigration status is unlawful and/or criminal;
- If your place of work implicates you in criminal activity; or
- If you do not have enough legal income to afford an attorney, then it will appear suspicious that the money from your defense may come from illegal sources.
Your Attorney’s Role
Avoiding answering questions will most likely guarantee you will not be released on bail, so consult your attorney on which questions may prove problematic. Your attorney will make sure that no questions of an interrogatory nature occur at this time and that you do not consent to search requests. Your attorney’s job during this process includes the following:
- Make sure the investigation is less intrusive to you;
- Make sure the investigation is less likely to find incriminating evidence;
- To witness, deter and report any police abuse; and
- Make sure you do not incriminate yourself.
Avoid Self-Incriminating Statements
Self-incrimination happens by blurting out evidence or attempting to destroy or falsify evidence. One way this occurs is when you are asked to give a handwriting sample. You might try to disguise your handwriting or comment on why you are being asked to write certain words. Doing either of these things can be used against you as evidence.
Speaking with a Criminal Defense Lawyer
For more information on how a qualified defense attorney can help you through the police investigation, contact a lawyer today.