What to Do After an Oklahoma Arrest

Stay Calm and Do Not Resist the Arrest

You can disagree with the police without physically resisting them.

If an officer tells you that you are under arrest:

• do not run;
• do not pull away;
• do not physically interfere with the officer;
• follow commands concerning where to stand, where to place your hands, or getting into the patrol vehicle; and
• save arguments about whether the arrest was lawful for later.

The side of the road, a living room, or a parking lot is not the place to litigate probable cause. If the arrest or detention was unlawful, a defense lawyer will examine that issue after the encounter. Physically resisting the officer can create an entirely separate problem.

Stop Talking About the Case

One of the most important things you can do after an arrest is stop trying to explain what happened. People naturally want to defend themselves when they believe the police have misunderstood the situation. They think that if they can just tell the officer the whole story, the officer will see things differently.

That conversation will become evidence.

You do not know what the officer already knows, what another witness has said, what is on a body camera, what appears in text messages, or what police believe happened. A statement that seems harmless when you make it can take on a very different meaning after it is compared with other evidence.

If police want to question you about suspected criminal conduct, you need to say:

“I am not answering questions. I want to speak with a lawyer.”

Then stop talking about the facts of the case. You do not improve the situation by continuing to explain after invoking your rights. The right to remain silent and Miranda warnings are connected, but they are not exactly the same thing. Miranda warnings apply to custodial interrogations. You do not have to wait for an arrest or a Miranda warning before deciding that it is better not to answer questions about possible criminal conduct.

Do Not Discuss the Case From Jail

If you are taken to jail, do not discuss the facts of the case on the telephone.

Jail calls are recorded.

I have seen defendants provide prosecutors with damaging evidence during calls to family members and friends. People talk about what happened, what police found, what a witness said, who owned an item, where they were going, or what they think another person should tell police. Those conversations will become part of the criminal case.

Call the person who needs to know where you are. Talk about arranging bond. Ask someone to contact a lawyer. Do not use the call to explain the case. The same principle applies to conversations with other inmates. Someone sitting beside you in jail is not protected by attorney-client privilege and may later repeat what you said.

Do Not Consent to a Search

An arrest does not give police unlimited authority to search everything you own. Police may ask for permission to search a vehicle, residence, bag, phone, or other property. Consent is one way police can obtain legal authority to conduct a search that might otherwise require a warrant or some other recognized basis. If an officer asks for your permission, you should say:

“I do not consent to any searches.”

You do not need to argue about the law or explain why you are refusing. If officers search anyway, do not physically interfere with them. The fact that you refused consent preserves a different issue from physically trying to stop the search.

A later challenge can examine whether police had a warrant, whether the warrant covered what was searched, whether an exception to the warrant requirement applied, whether any consent was actually voluntary, and whether officers stayed within the lawful scope of the search.

If police present a search warrant, do not resist execution of the warrant. A warrant can still be reviewed later to determine what it authorized and whether the search complied with constitutional requirements. For a closer discussion of these issues, see the resources on the Fourth Amendment and Search and Seizure.

Be Careful About What You Sign

An arrest generates paperwork. Not every document has the same purpose. Routine booking and identification paperwork is different from a written statement, consent to search form, waiver of rights, or a document asking you to agree with an officer's version of events. Do not sign a written statement or consent form about the investigation simply because someone puts it in front of you. If you do not understand what a document does, ask to speak with your lawyer before agreeing to it.

What Happens When You Are Booked Into Jail?

After an arrest, you may be transported to a city or county jail for booking. The process commonly includes:

• confirming your identity;
• fingerprinting;
• taking a booking photograph;
• searching and inventorying your property;
• recording the charge or charges associated with the arrest; and
• determining what happens next with bail and release.

Booking is administrative. It is not a finding that you are guilty. The immediate concern for many defendants and their families becomes how to get the person released.

Understand Your Bail Options Before Posting Bond

A person's first instinct is usually to get out of jail as quickly as possible. That is understandable. There are circumstances, however, where it makes sense to speak with a criminal defense lawyer before immediately paying a bondsman or posting a large bond. Oklahoma uses several forms of bail, including cash bonds, surety bonds through a bail bondsman, property bonds, and personal recognizance or own recognizance bonds. For felony offenses, and most misdemeanors, it is extremely rare that a court will grant a personal recognizance bond after an arrest.

Surety Bonds

Most people who cannot deposit the entire bond amount use a bail bondsman. A bondsman commonly charges approximately 10% of the bond amount as a nonrefundable premium. For example, if the bond is $20,000, a typical premium would be $2,000. The bondsman posts the bond, but the premium is payment for that service. You do not receive the premium back when the criminal case ends.

Depending on the amount of the bond and the circumstances, a bondsman may also require collateral or other arrangements including having a co-signer in addition to the payment of the premium.

Cash Bonds

A cash bond requires payment of the full bond amount. Unlike a bondsman's premium, the cash deposited as bond will be returned after the criminal case concludes if the conditions governing the bond have been satisfied, subject to any lawful deductions or other disposition ordered by the court. That difference can make a cash bond financially preferable when the money is available.

Property Bonds

A property bond uses qualifying real property as security rather than paying cash or using a bondsman. Property bonds involve separate documentation, valuation, equity, title, and court clerk requirements including that the property typically be located in the same county in which the charges are filed. They are less convenient in many situations, but they remain an available form of bail in appropriate cases.

Personal Recognizance Bonds

A personal recognizance or own-recognizance bond allows a person to be released without paying a conventional cash or surety bond. In my experience, recognizance release is extremely uncommon when someone is charged with a felony, as well as for most misdemeanors. The charge, criminal history, prior court appearance record, safety considerations, ties to the community, and other circumstances can affect the court's decision.

The Initial Bond Amount Is Not Necessarily the Final Bond Amount

In Tulsa County, judges use bond schedules in conjunction with individualized consideration at a bail hearing. The court can consider such things as:

• the seriousness of the allegation;
• whether the person presents a safety concern;
• whether the person is a flight risk;
• criminal history;
• prior failures to appear;
• previous performance while released on bond;
• ties to the community;
• employment;
• financial resources; and
• other circumstances relevant to release.

The judge assigned to the case can also matter. In my years of handling criminal cases, I have seen meaningful differences in how individual judges approach bond and bond reduction requests. A defense lawyer can file a motion asking the court to reduce bond and present information supporting a lower amount or different release conditions.

In one aggravated drug trafficking case I handled, my client was accused of transporting approximately two pounds of methamphetamine and two pounds of cocaine. He did not live in Oklahoma and was initially being held without bond. The prosecutor asked that he remain held without bond or, alternatively, that bond be set at $1 million. After the bond hearing, the judge set bond at $100,000.

Every bond hearing turns on its own facts, but a high initial amount does not always end the inquiry.

Bond and Appointment of the Public Defender

Posting bond no longer automatically prevents someone from receiving appointed counsel, but the amount of the bond and how it was posted can affect the court's determination of whether the defendant qualifies for a public defender. In Tulsa County, the Public Defender's Office is appointed for the limited purpose of representing defendants at the initial bail hearing. For continuing representation, financial eligibility is considered separately.

In my experience:

• when bail exceeds $10,000, the court may decline to appoint a public defender based on the defendant's apparent ability to obtain private counsel;
• when bail is $25,000 or more, courts will ordinarily treat the ability to post that amount as substantial evidence that the defendant can hire a private lawyer; and
• with lower bonds, defendants seeking appointed counsel may be required to complete a pauper's affidavit and contact several private attorneys to obtain fee quotes before the court decides whether appointed counsel is appropriate.

This is one reason a family should think about more than simply getting the defendant out of jail as quickly as possible. Money paid as a nonrefundable bond premium is money that is no longer available to hire counsel. A bond reduction can sometimes make it possible to address both problems: getting the defendant released and preserving resources for the defense.

Follow Every Condition of Release

Getting out of jail does not mean you are free to ignore the court until the next hearing. Release can come with conditions. Depending on the case, those may restrict contact with another person, alcohol or drug use, travel, or other conduct. Under Oklahoma law, if the pending charge is a felony, possession of a firearm is prohibited, even if the court does not specifically state that prohibition as a condition of bond.

Read the conditions carefully.

A violation will result in another arrest, modification or revocation of bond, or additional charges. A no contact order deserves particular attention. Do not assume that an alleged victim can waive a judge's order simply by calling, texting, or inviting you over. If a court has ordered no contact, it means exactly that: no contact. Follow the court's order unless and until it is changed by the court. If the alleged victim contacts you and you respond rather than ceasing contact immediately, it is YOU who will have violated the no contact order, not the alleged victim, and it is YOU who will face consequences with the court, not the alleged victim.

Do Not Miss Court

Missing a court date can turn one problem into several. Make sure you know:

• the date;
• the time;
• the courthouse;
• the courtroom or judge if that information is available; and
• whether your lawyer expects you to appear personally.

Put the date in your phone and calendar. Set more than one reminder. If a genuine emergency occurs, contact your lawyer immediately. Do not simply decide that you cannot attend and assume the case will be reset. A failure to appear can result in a warrant and will jeopardize your bond.

Do Not Contact Witnesses to “Fix” the Case

Defendants sometimes believe that the quickest way to solve the problem is to call the person who made the allegation.

That is a serious mistake.

Do not pressure an alleged victim or witness to change a statement, withdraw a complaint, ignore a subpoena, delete evidence, or tell police something different. Even a well intended conversation can be misunderstood or presented as an attempt to influence or even intimidate a witness. If a witness has information that helps the defense, give the witness's name and contact information to your lawyer. Let the defense lawyer decide how that person should be contacted and interviewed.

Stay Off Social Media

Do not litigate the case on Facebook, Instagram, TikTok, Snapchat, X, Reddit, group chats, or anywhere else. Do not post:

• your version of what happened;
• photographs related to the incident;
• screenshots of messages;
• comments about the alleged victim;
• criticism of the police;
• criticism of the judge or prosecutor;
• explanations about drugs, alcohol, weapons, injuries, or property involved in the case; or
• celebrations about “beating” the charge before the case is over.

Deleting existing material can also create problems. If something online may be relevant to the case, show it to your lawyer before changing or deleting it.

Preserve Information That May Help Your Defense

You should not conduct your own investigation by confronting witnesses or interfering with evidence. You can, however, identify information your lawyer needs to know about.

That may include:

• names and contact information for witnesses;
• photographs or videos already in your possession;
• text messages or emails;
• call logs;
• receipts;
• location information;
• employment records;
• medical records;
• documents received from police or the court;
• information about surveillance cameras that may have recorded the incident; and
• a written chronology of events prepared for your lawyer while your memory is fresh.

Do not alter, manufacture, destroy, or conceal evidence. Preserve what exists and let your lawyer determine how it should be used.

Pay Attention to Evidence That Can Disappear

Some evidence has a short life. Business surveillance systems may overwrite video. Doorbell cameras may delete old recordings. Vehicles may be repaired. Physical locations change. Witness memories fade. Phones are replaced. Social media content disappears. A defense lawyer who becomes involved early can identify evidence that should be located or preserved before it is lost. This is one reason waiting until the case is well underway before hiring counsel can create disadvantages that cannot always be repaired later.

Understand What the First Court Date Is — and What It Is Not

The first court appearance is not a trial. The court may address the charge, counsel, bond, future hearing dates, and other preliminary matters. What happens depends on the type of case and where the case is pending.

You do not need to use the first appearance to tell the judge your entire side of the story. Statements made in open court can have consequences. If you have a lawyer, follow your lawyer's advice about when to speak and what issues actually need to be addressed. The criminal process unfolds in stages. There will be time to examine the State's evidence and determine how the case should be defended, but that is not for the first court date.

Help Your Lawyer Understand What Really Happened

Your lawyer cannot effectively evaluate a case with incomplete or inaccurate information. Tell your lawyer the facts you remember, including facts you think are unfavorable. Useful information can include:

• what happened before the police arrived;
• what you said to officers;
• whether police searched anything;
• whether you gave consent;
• whether there were witnesses;
• what was recorded;
• whether anyone was injured;
• whether drugs, weapons, or property were found;
• who owned or controlled the place where evidence was located; and
• what documents, messages, or electronic evidence may exist.

Your version of events is only one part of the defense investigation, but it is an important place to start.

Attorney client confidentiality exists so that you can communicate honestly with counsel. Surprising your lawyer with important information after the prosecutor introduces it in court is far worse than discussing it privately at the beginning of the case. I always say I would rather hear the bad facts from you than hear them from the prosecutor for the first time in the middle of a hearing.

In my experience, the worst example of a client not communicating honestly with me was in a drug trafficking case. The police raided the home of a woman, *Sandy (*not her real name*) and during the course of the search the police found 120 grams of methamphetamine, drug paraphernalia, and multiple items of men’s clothing. Sandy told the police that all of the drugs belonged to my client, but she was also charged with drug trafficking. Sandy and my client had been dating but my client supposedly ended the relationship and they both started dating other people. My client stated the drugs belonged to Sandy’s new boyfriend. The client was not photographed at the home and was not arrested at the home. As the case progressed, there was not a plea bargain agreement that was acceptable to my client and Sandy’s word was the only thing that tied my client to the home. The case was litigated for almost three years before the jury trial began.

On day four of this drug trafficking jury trial, the court had taken a break for lunch and the final defense witness, the client, was going to take the stand when court resumed. Thirty minutes before the client was going to testify, he told me there was something he needed to tell me. One of the main themes of the defense over the course of the jury trial was that the client had not seen or had contact with Sandy since the trafficking charges had been filed.

The client told me that the prosecutor had a copy of a birth certificate for a child. The birth certificate listed my client as the father and Sandy as the mother. It was also dated eighteen months after the drug trafficking charges had been filed. That meant not only had the client seen Sandy after the charges had been filed, they had been intimate and had a child together. In light of this bombshell information, there was no way the client could take the stand and testify. If he testified, the entire defense theory would unravel. The whole trajectory of the trial shifted and the client was ultimately convicted and sentenced to eight (8) years in prison.

Prior to the trial there were extremely favorable disposition options available to the client, including an offer that meant only one (1) year in prison with the balance of the sentence (nine years) suspended. Had the client been honest with me and told me that he never ended his relationship with Sandy and that they had a child together, I never would have advised him to take the case to jury trial. I would have counseled him to accept one of the favorable options that were available. The bottom line is the client withheld vitally important information from me and his choice to withhold that information resulted in the case having a much worse outcome than what it could have been had the client been truthful with me.

Common Mistakes After an Oklahoma Arrest

The mistakes I see after an arrest are often avoidable. They include:

• trying to explain the case to police;
• discussing the case on recorded jail calls;
• talking about the case with other inmates;
• consenting to searches because someone believes refusing will “look guilty”;
• contacting an alleged victim or witness;
• violating bond conditions;
• missing court;
• posting about the case online;
• deleting messages or other evidence;
• waiting too long to preserve video or other evidence; and
• making important decisions about bond or a plea before understanding the effect those decisions can have on the rest of the case.

You cannot undo the arrest. You can avoid giving the State evidence it did not already have and avoid creating a new problem while the original charge is pending.

What a Criminal Defense Lawyer Can Do After an Arrest

The first job is to understand exactly what happened. That means reviewing the charging documents, examining the circumstances of the arrest, determining what police searched, identifying statements that were made, obtaining available evidence, investigating disputed facts, addressing bond, and determining what legal issues need to be raised as the case proceeds.

The appropriate strategy depends on the actual evidence. Some cases involve a challenge to a stop or search. Some turn on whether the State can prove possession, intent, identity, injury, ownership, value, or another element. Some depend heavily on witness credibility. Others require a detailed examination of video, electronic evidence, laboratory testing, medical records, or the chronology of the police investigation. The defense begins by finding out what the State can prove and what the evidence actually shows.