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 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. 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 attorney 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 attorney 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.

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.