FAQs

Miranda Warnings in Nebraska

What is a Miranda warning?

If you are arrested, the arresting officer must recite the Miranda warning to you before asking you any questions that could lead you to incriminate yourself. The Miranda warning advises you of two important constitutional rights you have when you are arrested: the right not to incriminate yourself, and the right to have a lawyer present before answering any questions.

If I am not under arrest, do I have to answer a police officer's questions?

No. Unless you are placed under arrest, you are free to leave at any time. However, if a police officer stops you and asks for your identification, it is probably in your best interest to provide it. Police officers are usually allowed by law to detain people for extended periods of time in order to determine identity.

Example: Tommy is walking down the street and approached by Officer Doright. Officer Doright begins to question Tommy about a bank robbery that happened a few days ago. The conversation looks like this:

Officer Doright: Hey, excuse me; I would like to ask you a few questions.
Tommy: Umm, ok, what is this about?
Officer Doright: I'm investigating a robbery that happened a few days ago, I thought that you might be able to give me some information.
Tommy: I just got back in town today from Europe; I really don't think that I can help.
Officer Doright: You just got back, that's interesting. You fit the description of the robber that the bank teller provided.
Tommy: Excuse me officer, am I under arrest?
Officer Doright: Umm, well, no. But if you have something that you would like to say about the robbery, I promise to help you out.
Tommy: No thanks, officer.
Tommy then continues with his walk home from the airport.

Must a police officer always advise a person of their Miranda rights before asking a question?

No. The Miranda warning is only in effect during a custodial interrogation. It is considered a custodial interrogation if: (1) police are questioning you in a way that could invite you to make an incriminating statement, AND (2) you are either arrested and in police custody, or have been stopped by the police and reasonably believe you are not free to leave.

Example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a customer named Mary Smith may have seen the robber. When Officer Jones interviews Mary, Mary makes statements implicating herself in the robbery as a lookout. Can Mary's statements be used against her later, even though she was not read her Miranda warning? The answer is probably yes, because Mary was not in custody when she was being asked the questions.

If I am in custody, how do I assert my right to remain silent?

If you have been arrested, you can say, "I want to speak with a lawyer," or, "I have nothing to say now." If the police continue to question you, it may be considered coercion and a violation of your Fifth Amendment rights. If you make a statement and your defense attorney can show it was coerced by the police, then your statement may be excluded from the evidence that can be used against you in court.

Can I waive my Miranda rights?

Yes. If you have been arrested in Nebraska and you have been given your Miranda warning, then anything that you say after the warning is considered a waiver of the warning. These statements can and most likely will be used against you in court.

But the police officer said that if I talked, he would help me out.

This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what charges are filed against you, how your case will progress, and how you will be sentenced if found guilty is up to the prosecutor, judge, and sometimes a jury. Accordingly, if you are arrested and accused of a crime, it is best not to talk with anyone other than your criminal defense lawyer in Omaha, Nebraska. It is almost always easier to defend a case when the person charged has not given a statement to the police.

Bail in Nebraska

How will bail be set in my case?

If you have been arrested and charged with a crime, you will have an arraignment in court. At the arraignment, the judge will decide whether to set bail in your case. In some cases of very serious criminal charges, no bail will be set. If bail is set, the judge will decide the amount.

How does the judge decide on the amount of money required for bail?

The amount depends on the seriousness of the crime and whether the defendant is a flight risk. Your criminal attorney in Omaha, Nebraska can show you are not a flight risk by demonstrating your ties to the community, such as family, friends, and employment.

Am I entitled to a bond hearing?

If bail is not set, or bail is set prohibitively high, a lawyer can help you file a request for a bond hearing. At a bond hearing, your criminal defense attorney in Omaha, Nebraska can present evidence to argue that the original bail determination was inappropriate in your case.

How do I post bail?

In Nebraska, bail can be posted in a variety of ways. You may be released on your own recognizance, or you may be required to pay cash to post bail. Sometimes the court will only require that you pay 10 percent of the bail amount. You may have someone sign on as a surety, meaning they promise to pay a certain amount to the court if you fail to appear. You can see the court form for bail here.

Drug crime questions

What are the penalties for drug possession charge?

A drug possession charge in Omaha can result in stiff penalties, including jail time, depending on the type and quantity of drugs found in your possession, and if minors are present or if the charges include trafficking of drugs. This misdemeanor charge can have the following penalties:

Mandatory random drug testing
Jail time ranges from none to 5 years
Probation varies by case

Fines from $300 - $10,000
Community service hours
Drug awareness classes or drug counseling for possession of 1 ounce or less

You will want an experienced drug crime attorney in Omaha to defend you.

What is a drug distribution or trafficking charge?

An Omaha drug trafficking charge is a felony charge that pertains to the selling, transportation, and illegal import of unlawful controlled substances, such as marijuana, cocaine, methamphetamines, heroin and other illegal drugs. An Omaha drug distribution charge also applies to the illegal distribution of prescription drugs, such as pain killers or sleeping pills. You will need a drug crime lawyer in Omaha to represent you.

What is a drug manufacturing charge?

An Omaha drug manufacturing charge happens if you are caught having involvement in the creation of illegal drugs in a chemical lab or growing facility. This is considered to be a serious offense by both federal and state governments.

General questions on criminal law

What is criminal law?

Criminal law is the body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders. If you are suspected of a criminal charge, you will want an experienced criminal defense law firm in Omaha, Nebraska by your side. The criminal justice system imposes harsh penalties on those convicted of breaking laws, and it is crucial to build a strong defense on your behalf if you have been charged with or are being investigated for a crime.

What is the difference between a felony and a misdemeanor?

A felony is a serious crime usually punishable by imprisonment for more than one year in prison or by death. A misdemeanor crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a place other than prison for less than one year.

What is a capital offense?

A capital offense is crime for which the death penalty may be imposed. As the punishments for crimes are nearly always governed on a state level, what is a capital offense in one state may not be in another. The severity of a capital crime means that the offender is usually not eligible to leave jail on bail.

What is corporate crime?

Corporate crimes are those committed by corporate bodies or their representatives. Corporate crimes often deal with financial assets, and sometimes organized crime syndicates are involved if the crime being committed is complex or is set up to run for an extended period of time. Corporate crime sometimes intersects with white collar crime.

What is white collar crime?

A white collar crime is a nonviolent crime usually involving cheating or dishonesty in commercial matters. Some of the most common white collar crimes include:

Credit card fraud
Computer/Internet fraud
Embezzlement
Forgery

Money laundering
Tax evasion
Extortion

What is a federal crime?

A federal crime is criminal offense made illegal by a federal statute. Kidnapping, tax evasion, mail fraud across state lines, and immigration offenses are arguably some of the most common federal crimes committed.

Seek Experienced Legal Counsel

The criminal justice system can be overwhelming and confusing. If you have been charged with a crime, it is important to seek advice from an experienced criminal defense lawyer who can guide you through the process, help you understand all of the options available to you, protect your rights, and provide trusted advice. Contact McGoughLaw P.C. L.L.O. today.