When you’re arrested, criminal defense laws in Oklahoma give you some rights that you need to be aware of so you’re equipped to better protect your freedoms. One of the first rights you have, and possibly the most important, is to contact a lawyer familiar with both federal and state laws that might come into play on your case.
Criminal Defense Laws in Oklahoma: Knowing Your Rights
Right to Remain Silent
Upon arrest, you have the right to remain silent. This is part of your Miranda Rights, which police are required to read to you if you are in custody and being questioned. Anything you say can be used against you in court, so it’s often wise to exercise this right until you have legal counsel.
Be aware that the police aren’t required to read you these rights if you’re not actually in custody, or if you’re in custody but not being questioned. Some skilled law enforcement officers know ways to get people talking without having to remind them of their right to stay silent, so exercise this right proactively.
Right to an Attorney
You have the right to consult with an attorney and have one present during questioning. Having an experienced OKC criminal lawyer on your side will make all the difference to your case and the protection of all your rights.
Right to Be Protected From Unreasonable Searches
The Fourth Amendment protects you from unreasonable searches and seizures. Police must usually have a warrant or probable cause to search you or your property, though there are exceptions.
For example, if items are in plain view, or if an officer has reasonable cause to believe a vehicle has been used in a crime, no warrant is necessary. A lawyer is the best person to help you understand whether this right has been violated in your arrest.
The Right to Reasonable Treatment
Law enforcement officers are only allowed to use as much force as is necessary to do their job during an arrest. Anything more than this is excessive force. You should not be subjected to excessive force or inhumane treatment. If this occurs, it can be a basis for defense and potential civil rights claims.
Notification of Charges
You have the right to be informed of the charges against you. This information should be provided promptly, ensuring you understand the nature of the accusations and can prepare your defense accordingly.
Right to Bail
In most cases, you have the right to bail under Oklahoma’s Bill of Rights. This means you can be released from custody after paying a set amount as a guarantee of your return for court proceedings. Bail amounts and eligibility will vary depending on the severity of the charges and your criminal history.
Right to a Fair and Speedy Trial
The Sixth Amendment guarantees you the right to a speedy trial. The definition of “speedy” can vary, of course, but this right means that you cannot simply be held forever in jail without being convicted. Your lawyer will go to bat for you, especially if you’re denied bail for some reason, to ensure that you’re not indefinitely held in jail.
Knowing your rights is the first step towards protecting yourself. If you’re arrested, exercise these rights and seek legal assistance immediately.