Criminal Procedure

Being arrested can be bewildering and unnerving, especially if you don’t know what legal rights you have while in custody. The United States Constitution grants all citizens several rights that you can exercise to protect your innocence when in police custody. Here is a list of what you should do if you have been arrested in Tulsa, Oklahoma.

1. Stay Calm.

Be polite and courteous with the arresting officers. Refrain from giving the police any reason to be more aggressive with you. Remain calm and do not resist arrest. Make no sudden movement or try to get away. Above all, do not verbally or physically threaten the officers. Resisting arrest and threatening an officer are serious crimes that are severely punished.

2. Be Silent.

Exercise your right to remain silent. You cannot be punished for refusing to give information to the police. On the other hand, anything that you say can be used against you by the prosecutors. So, speak only when spoken to and do not volunteer any information or offer any excuses or explanations after you’ve been arrested in Tulsa.

3. Do Not Consent to a Search.

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 interfere, attempt to conceal anything, lie to the officer or present them with any false documents. Interfering with the officer’s ability to perform his duties is a separate and serious crime itself.

4. Contact a Criminal Defense Attorney.

You have the right to a local phone call and to have an attorney when you’ve been arrested in Tulsa. 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 an attorney for you. If you do not have an attorney, ask the police to provide you with one right away. Until you speak with an attorney, you should make no decisions or admissions nor should you sign anything that police give you to sign after you’ve been arrested in Tulsa.

Summary

The Constitution of the United States of America guarantees you certain basic rights in the event that you 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 have been arrested in Tulsa, Oklahoma, the most important things to do are to 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 immediately.

Initial Consultation: Tulsa Criminal Attorney

If you have been arrested in Tulsa, you need a Tulsa criminal defense lawyer who knows the ins and outs of the Oklahoma criminal justice system. Tulsa Criminal Defense Law Firm has the skill and experience to defend against a wide range of criminal charges.

Contact your defense team at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation. To begin your low-cost initial strategy session, call now: (918) 256-3400.

When a person is arrested on criminal charges in Tulsa, depending on the nature of the charges, they will typically have the opportunity to post bail and be released from custody until trial. There are, however, a variety of reasons a person may consider staying in jail and awaiting trial in Tulsa. Read further for more information.

Why Stay in Jail in Tulsa?

Firstly, you might want to stay in jail if you expect to be arraigned within a day or two after your arrest and anticipate you may be released on your own recognizance. In this case, you may be willing to put up with a couple of days behind bars, especially since this would spare you and your family from having to come up with money for bail.

Likewise, if you and your family cannot afford bail and you are fairly convinced that you will be found guilty, you may not want to strain your family’s finances on what you see as a lost cause.

Lastly, you might want to stay in jail until trial in order to take advantage of the fact that Oklahoma grants a defendant credit for time served before trial. If you expect to be convicted, this may be a way to significantly reduce the length of time you spend behind bars after your conviction.

Reasons to Bail Yourself Out of Jail In Tulsa

Despite the reasons above, it is almost always better to bail yourself out. Here are a few reasons why.

Firstly, jails are extremely uncomfortable places, and, in most cases, even more uncomfortable for those awaiting trial. After you are stripped, given a full body cavity search and then housed in cramped quarters with people of questionable character, you may soon regret your decision to stay in jail and await trial. Furthermore, those who are fighting a charge from jail have less access to legal services than those who are out on bail.

Secondly, if you are deciding to stay in jail because you expect to be convicted and be sentenced to jail anyway, you might be mistaken. A variety of things can happen to turn your trial around. For example, the witnesses against you might not show up to testify or the evidence against you may be deemed inadmissible.

Furthermore, even if you are convicted, it is not certain that you will receive jail time. The jails are overcrowded these days, and it is not uncommon for people who might normally be incarcerated to be released to serve their sentences in the community instead.

Third, bailing yourself out of jail can speed up the legal process. Being free will allow you greater access to your attorney, who can then meet with you as often as necessary to prepare your defense as well as the paperwork needed to file motions to keep you out of court and out of jail.

In addition, prosecutors tend to spend less time dealing with cases where the defendant has been released on bail. This often results in witnesses getting lost and evidence going cold, which can eventually result in a better plea bargain, or perhaps even having the charges against you dismissed.

Finally, most people who are arrested have a family, a job or a business that need their daily attention. Bailing yourself out will allow you to resume your day-to-day activities while getting your affairs in order in advance of your sentencing, which may result in time behind bars where you will be away from your family, job or business concerns.

Initial Consultation: Tulsa Criminal Attorney

When you’ve been arrested in the Tulsa area, it’s time to retain a Tulsa criminal attorney who will look out for your legal interests. Contact your defense team at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.

A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: (918) 256-3400.

If you are questioned by the police,  it is most likely because you are a suspect or believed to have information regarding a crime that has been committed. Either way, the experience can be quite uncomfortable.

In the midst of it all, it is important to remember that anything you say may be used against you or whomever you are being questioned about. This article is a discussion on what you should do if you are questioned by the police in Oklahoma.

Exercise Your Right to Remain Silent if Questioned by the Police in Oklahoma

The police have the power to approach you and ask you questions, regardless of your guilt or innocence, or whether they intend to arrest you or not. However, with very few exceptions, you have no legal obligation to answer.

While you are encouraged to cooperate with the police as much as possible, the Fifth Amendment to the Constitution gives you the right to remain silent, and you would be well advised to do so for the following reasons:

1. Anything you say can be used against you in court, but not in your defense.

2. There is always the chance that what you say may be recalled inaccurately or distorted and used against you.

3. By talking to the police, you stand the risk of admitting guilt without any benefit in return. If you admit to guilt too soon, you may lose your chance to secure a plea bargain, if indeed you need one.

4. Even if you are innocent, what you say may incriminate you.

To invoke your right to remain silent, stay calm and simply state clearly that you do not want to answer the questions. Repeat this as many times as necessary. Then, contact an attorney as soon as you have the opportunity to do so.

Assert Your Fourth Amendment Rights

The police are not likely to remind you that the Fourth Amendment to the Constitution protects you from unreasonable searches and seizures. In effect, you have the right to deny the police the permission to search your body, home, vehicle, or property, unless they are authorized by the courts to do so.

So, unless the officer shows you a court-authorized search warrant, you can refuse to consent to any search of your body, home, vehicle, or property, even if they insist. All you have to do is say “no.”

Make it clear that you do not consent to being searched and repeat it as many times as you feel necessary. Then, contact an experienced Tulsa criminal defense attorney as soon as possible.

Stay Calm and Cooperate

Whether you are stopped simply to be questioned by the police, or if a search of your body, vehicle, home, or property ensues, it is important to remain calm and cooperate as much as possible without answering any questions or assisting the police in their search.

Under no circumstances should you lie to the police, become belligerent, or physically interfere with their searching. If you do so, you may be charged with obstruction of justice or battery on a police officer, which are serious offenses.

Initial Consultation: Tulsa Criminal Attorney

Whether you have done something in need of defending or not, if you or a loved one have been questioned by the police in Tulsa, it may be in your best interest to contact an experienced Tulsa criminal attorney. A Tulsa criminal attorney can advise you on the best course of action to preserve your innocence.

To begin your low-cost initial strategy session, call 918-256-3400 today.