If my son was not read his rights before being questioned can his case be appealed?

UPDATED: Sep 30, 2022

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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