Frequently Asked Questions About Criminal Law
Whenever police arrest someone on television the first thing they do is read them their rights. What are those rights?
The Fifth Amendment of the U.S. Constitution contains a privilege against compelled self-incrimination and the right to the presence of an attorney during questioning. These two privileges are commonly referred to as "Miranda" rights. They come from the 1966 Supreme Court case Miranda v. Arizona, which prohibits the use of statements stemming from the custodial interrogation of a defendant unless the prosecution demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.
Do the police have to read me my rights when they arrest me?
Only on television. In real life, the police only have to read you your rights prior to custodial interrogation.
What happens if the police don't read me my rights when they are supposed to?
Any statements you make to the police while in custody could possibly be suppressed, and a judge would order that your statements cannot be used against you in a trial.
Do the police have to read me my rights before taking any evidence?
No. The rule against compelling self-incrimination only protects testimonial, that is, verbal or written, statements. The following statements are not considered testimonial: statements used for voice exemplars; answers to general on-the-scene questions during routine investigatory stops; answers to routine booking questions prior to incarceration. Nor does the privilege prohibit the police from compelling a suspect to provide evidence of physical characteristics such as the color of his or her eyes, skin; the way his or her face looks; the way he or she is dressed; or his or her fingerprints or measurements.
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If you or someone you know has been charged with a crime in Lincoln or anywhere in Nebraska, call me, defense lawyer Kevin J. Oursland, at (402) 817-1253, toll free (866) 402-8519, or fill out the contact form on this site. Your initial half-hour consultation is free.
