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Understanding Your Right to Remain Silent in Iowa

Robert Stahle • June 14, 2021
5th ammendment attorney sioux city iowa

You more than likely have heard a police officer utter, “you have the right to remain silent” in countless television shows and movies, but do you know what exactly it means in a legal context? Believe it or not, the arrest scenes in Hollywood movies largely stay true to the actual legal process and procedures. In the famous case of Miranda v. Arizona , the judge ruled that law enforcement officers advise arrested suspects of certain rights, including the option of remaining silent and saying nothing.

Here at Fitch & Stahle Law Office, our auto accident lawyer is here to stand by your side and protect your constitutional rights when you are arrested. Many police officers fail to uphold the law when making an arrest, and failure to inform suspects of their so-called Miranda rights is a common defense in court. Here is what you need to know about your right to remain silent, presented by our drunk driving lawyer.

When Must the Police Inform You of Your Rights?

Police are legally obligated to inform suspects of their rights before they interrogate them in custody. Interrogation doesn’t only include questioning but also any words or actions that police officers should know are reasonably linked to elicit an incriminating response. The main point of the Miranda warning is that the prosecution cannot use a suspect’s silence as evidence of guilt in court.

However, police officers are not technically required to inform suspects of their right to remain silent when they are not technically in custody. Thus, it is relatively common for police to question suspects after letting them know they are not under arrest and are free to leave. By using this method, police officers do not have to provide the Miranda warning.

2013 Supreme Court Decision

In 2013, there was a closely contested U.S. Supreme Court decision that held that prosecutors can, under some circumstances, point to an out-of-custody suspect’s silence in response to police questioning as evidence of guilt. According to this case, our drug lawyer will tell you that the prosecution can common on the silence of a suspect who:


  • Is out of police custody (and not Mirandized)
  • Voluntarily submits to police questioning
  • Stays silent without expressly invoking his Fifth Amendment rights

How to Invoke the Right to Remain Silent

The 2013 Supreme Court decision raises new questions, such as whether it is reasonable to place the brunt of asserting constitutional rights on normal people. More practically, people are now asking what exactly an out-of-custody person must say to a police officer to effectively invoke their right to silence. Previous court decisions have indicated that people should be clear that they are invoking their Fifth Amendment privilege against self-incrimination.

Sioux City Auto Accident Lawyer

Whether you have been arrested for drunk driving, drugs, or an automobile accident, our Sioux City attorneys are here to protect your rights. We are dedicated to providing residents of the Siouxland area with professional legal advice for a range of needs, and our attorneys are licensed to practice in both Iowa and Nebraska.

Contact us at 402-494-3012.

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What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.