A routine trip to the store could lead to an interaction with a police officer. Whether stopped on foot or via a traffic stop, anyone dealing with the police may benefit from knowing their rights. Immigrants may worry about whether their interactions could lead to deportation or other issues. Again, understanding one’s rights might keep a Nebraska resident or visitor from compounding their potential troubles.
Speaking with the police
A person does not have to be a U.S. citizen to have some constitutional rights. Lawful permanent residents, visa holders, and undocumented persons may invoke their constitutional rights, including the right to remain silent. Unfortunately, many people don’t invoke this right and end up making statements that could get them into legal trouble.
The police may wish to question someone, and an officer could ask a person to come to the police station. The right to remain silent stands, and a person may decline to answer questions. Those wishing to answer questions might prefer to do so with a lawyer present.
Answering questions from the police
Even when arrested, a person has the right to remain silent. Requesting an attorney remain present during any questioning could be helpful to someone facing charges.
Unfortunately, the police do not need to provide a Miranda warning before a suspect is arrested. So, people make mistakes and could talk to the police without an attorney present. Under Nebraska and federal criminal law, statements may then become evidence in court.
Sometimes, the police might leave a business card at someone’s door. A detective could be investigating a crime. Regardless, having an attorney call the detective could avoid problems. Ultimately, no one knows what the detective is investigating. An attorney might know how to best deal with an investigator. The average person may have no idea how to respond in a manner that doesn’t self-incriminate.