Legal Question in Criminal Law in Nebraska

Re: right to remain silent absent

People who are arrested are entitled to the Miranda warning before they are subjected to custodial interrogation. In plain English, this means that you cannot be questioned after you are arrested without being given the Miranda warning. The remedy for a violation of Miranda is to exclude any statements made in response to questioning, not to dismiss the charges. Charges are dismissed only if, when the confession or statements are thrown out, there is not enough evidence to prove the case.

If you made statements in response to what the police said and you were no longer free to leave, those statements may be surpressed and not allowed as evidence against you. You need to go over the details of the events surrounding your arrest with an attorney to see how this would affect your case.