An Oklahoma arrest is simply the exercise of police authority over an individual. An arrest does not necessarily mean being taken to jail, and it is not necessary for a person to be physically restrained or placed in handcuffs for an arrest to be complete. A police officer simply has to say “you are under arrest” or without saying “you are under arrest,” significantly restrain your liberty or freedom to leave by a show of authority and the Oklahoma arrest is complete. If you or a loved one has been arrested, you need to contact an Oklahoma criminal defense lawyer to immediately begin preserving your rights.
The Federal and Oklahoma State constitutions provide important safeguards to protect citizens against intrusive law enforcement practices and procedures. The Fourth Amendment to the U.S. Constitution and Article 2, Section 30 of the Oklahoma Constitution protect against unreasonable police searches and seizures. A person cannot be arrested and taken into police custody unless the officer has an arrest warrant or probable cause to believe that the person has committed or is committing a crime. The “probable cause” standard requires the police officer to be able to articulate facts that would cause a reasonable person to believe that the suspect has committed or is committing a crime. Under Oklahoma criminal law, a person cannot be arrested for a misdemeanor unless the offense was committed in the presence of the officer or the officer has an arrest warrant. If you are detained or arrested by law enforcement authorities, politely assert your right to consult with an Oklahoma criminal lawyer before any police questioning. DO NOT make a statement to the police to try and “explain” the situation. You have the right to remain silent. Use it! Important legal rights may be lost or waived if you simply speak to the police and fail to request a Tulsa criminal defense attorney at the earliest point in the criminal process.
Tulsa Oklahoma Arrest Survival Guide
If you are under arrest or are about to be arrested, follow these tips to help make the encounter go smoothly and to preserve your civil and constitutional rights:
1) Do not run or resist arrest. This may result in felony charges being filed against you.
2) Ask if you are free to leave or if you are under arrest. If you are free to leave, politely end the encounter by telling the police you have nothing to say and you will ONLY speak to them after you have consulted your Oklahoma criminal defense lawyer.
3) Do not answer any questions, except to provide your name. Under Oklahoma criminal law, you are required to provide your name.
4) Give the police your true and correct name. Under Oklahoma criminal law, it is a felony, known as False Personation, to give a police officer someone else’s name.
5) Do not consent to a search or your person, your home, or your car. Make the police get a search warrant.
6) Do not consent to a request for a DNA sample. Again, make the police get a warrant or a court order.
7) If the police do have an arrest warrant or a search warrant, do not resist or impede them. Call your Tulsa criminal defense lawyer immediately.
8) Regardless of whether you are under arrest, exercise your right to remain silent! Do NOT to speak with the police. Your silence cannot be used against you (however, all of your statements can and will be used against you).
9) If you are arrested and taken to jail, call an Oklahoma criminal defense lawyer BEFORE you post any type of bail bond. Your lawyer may be able to get you a bail bond reduction.
10) If you are in jail, absolutely do NOT talk about the case on the telephone. ALL inmate calls are recorded and will be used against you.
Contact us today if you need an Oklahoma criminal defense lawyer!