arrested, the United States Constitution guarantees you certain rights that you should be aware of.
Here is some helpful information about asserting your constitutionally-protected rights if you are arrested in the state of Oklahoma.
Know Your Rights
If you are under arrest, you have the right to:
- Know why you have been arrested (the “charge” against you);
- Remain silent (you must clearly state that you are asserting your right to silence);
- Make a local phone call; and
- Have an attorney.
Stay Calm
Be polite and courteous with the arresting officers, remaining calm and cooperative. Refrain from giving the police any reason to get more aggressive with you. Do not make any sudden movements or attempts to flee.
Above all, do not verbally or physically threaten the officers in any way. Resisting arrest or threatening an officer are serious crimes that may be severely punished, compounding any legal trouble you might already be in. In addition, attempting to flee may cast you in a bad light in the eyes of a jury if your case goes to trial.
Remain Silent
Exercise your right to remain silent. You cannot be punished for refusing to answer the arresting officer’s questions. On the other hand, the prosecution can (and likely will) use any statements you make while under arrest against you in court.
So, speak only when spoken to and do not volunteer any information or offer any excuses or explanations without first speaking to an attorney.
Do Not Consent to Being Searched
You may be asked to consent to a search of your person, vehicle, or home. If so, you have the right to refuse. Do not assist with the search or explain where things are.
On the other hand, do not attempt to conceal anything, lie to the officers, present any false documents, or in any other way interfere with a lawful search made incident to your arrest. Interfering with an officer’s ability to perform his or her duties is a separate and serious crime.
Contact an Attorney
You have the right to a local phone call and the right to an attorney. When you are arrested, clearly express your desire to exercise these rights immediately. Use your phone call to call an attorney or to call someone who can get in touch with your attorney for you.
If you do not have an attorney, ask the police to provide you with the phone number of one right away. Until you speak with an attorney, you should not make any decisions nor should you sign anything the police give you that implicates you in any way.
Summary
The Constitution of the United States of America guarantees you certain basic rights in the event that your are arrested or detained by the police. These rights are yours to exercise regardless of the nature of or the reason for your arrest.
If you are arrested in Oklahoma, the most important things to do are:
- remain calm, so as not to escalate the situation;
- refrain from volunteering any information, explanations, or excuses;
- demand your right to a local phone call; and
- call an experienced criminal defense attorney as soon as possible.
Low-cost Consultation: Muskogee Criminal Defense Attorney
The capable, experienced Muskogee criminal defense attorneys at Wirth Law Office – Muskogee will carefully explain the process and alternatives you face, and are willing and able to explore all possible defenses and fight for you.
Call an experienced Muskogee criminal defense attorney today at 918-913-0725 or toll free at 1-888-447-7262 [Wirth Law].
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