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Understanding Your Right to Remain Silent in Iowa

Robert Stahle • June 14, 2021

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.

How Drunk Driving Accident Victims Can Maximize Compensation With Legal Help

By Robert Stahle • June 11, 2025
When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility)  Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.

Why You Need a Lawyer After a Drunk Driving Accident in Iowa or Nebraska

By Robert Stahle • June 6, 2025
Drunk driving accidents are among the most devastating types of crashes—and the most preventable. Every time someone chooses to drive under the influence of alcohol, they not only break the law, but they also endanger innocent lives. When you’re the victim of one of these reckless acts, the physical, emotional, and financial consequences can be overwhelming. Many accident victims assume that if the other driver was arrested for DUI, the case will resolve itself quickly and fairly. After all, if the police have proof that the driver was drunk, what else is there to fight about? The reality is far more complex. Even when intoxication is clear, recovering compensation is rarely straightforward. Insurance companies are primarily concerned with protecting their bottom line. They may admit the drunk driver was at fault but still dispute the amount of damages you’re owed. They may claim your injuries aren’t as severe as you say or argue that you had pre-existing conditions. In some cases, they may even try to shift partial blame to you. That’s why hiring an experienced drunk driving accident attorney is so critical. At Fitch & Stahle Law Firm , we represent clients throughout Iowa and Nebraska who have been harmed by drunk drivers. Our attorneys know how to build strong legal cases backed by evidence, expert testimony, and strategic negotiation. We don’t just take the word of the insurance company—we conduct our own investigations, obtain police and toxicology reports, interview witnesses, and, when necessary, work with accident reconstruction professionals to determine exactly what happened and who’s responsible. Beyond proving liability, our goal is to make sure every client receives the full amount of compensation they’re entitled to under the law. That includes not only current medical expenses and lost wages but also: Future medical care (surgeries, rehab, medications) Lost future earning capacity Pain and suffering Mental and emotional trauma Property damage Punitive damages when applicable In particularly egregious cases, we may also pursue compensation from third parties under Iowa or Nebraska’s dram shop liability laws . If a bar, restaurant, or even a private event served alcohol to someone who was visibly intoxicated or underage, that establishment could be held partially liable for the damages. Dealing with injuries, doctors, bills, and the trauma of the crash is hard enough. You shouldn’t also have to navigate legal paperwork, deadlines, and difficult insurance adjusters on your own. We provide personal, compassionate, and aggressive legal representation—so you can focus on healing while we focus on justice. Remember: The other driver’s arrest or conviction does not guarantee you fair compensation. Civil and criminal cases are separate, and only a personal injury claim will secure the financial support you need to recover and rebuild your life. If you or a loved one has been hit by a drunk driver in Sioux City or the surrounding areas of Iowa and Nebraska, don’t wait. Call Fitch & Stahle Law Firm today for a free consultation. We’ll help you hold the drunk driver—and their insurance company—fully accountable.
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