If my son was not read his rights before being questioned can his case be appealed?
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If my son was not read his rights before being questioned can his case be appealed?
A detective asked my son to come to the police station to answer some questions concerning a friends family situation. Twice he went and answered questions. As a result the information he gave was used against him and he was arrested and is now incarcerated. If he was not read his rights before being questioned can his case be appealed?
Asked on August 3, 2016 under Criminal Law, Nebraska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
First of all, as you and your son are now painfully aware, no one is legally obligated to speak with the police and if you do, make certain to have an attorney present. That having been said, whether or not your son's rights were violated depends on the circumstances surrounding the arrest. The fact is that the Miranda warning need not be given unless a person is in police custody and is then questioned. If a person freely and voluntarily submits to questioning before their arrest, and in doing so implicates themselves in illegal activity, then they need not be read their rights. Bottom line, your son was most likely legally questioned. At this point, he needs to retain an criminal law attorney ASAP.
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