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.