Being arrested is a terrifying experience. You might not know what to say or do. Understandably, you might be worried about your freedom, losing your driver’s license, and damage to your reputation.
At Fassio Law, we understand how nerve-wracking this experience can be. We know how to handle it. For this reason, we have prepared this list of things to do - and not to do - immediately after being arrested in Oklahoma. We are here to help walk you through each step.
Stay Calm
While it can be difficult, try to stay calm during the arrest. Do not fight back, as doing so could result in resisting arrest, separate criminal charges. Cooperate with police during the arrest. Avoid making any sudden movements or trying to get away. Do not threaten law enforcement officers. You can still assert your rights while being polite and courteous.
Listen to Your Rights
Police may recite your Miranda rights during your arrest. This includes informing you that you have the following rights:
- The right to remain silent
- The right to an attorney
- The right to have an attorney appointed for you if you cannot afford one
- The right to know that anything that you say or do could be used against you in a court of law
Listen carefully to these rights. If law enforcement asks whether you understand them, acknowledge that you do.
Exercise Your Right to Remain Silent
One of the most important rights that law enforcement will advise you of is your right to remain silent. Many people don’t fully grasp what this means or why it is so crucial in criminal defense.
Your right to remain silent is derived from the Fifth Amendment to the United States Constitution, which provides the right to be free from self-incrimination. You cannot be forced to confess to a crime, make verbal statements against your self-interest, or provide evidence used to convict you. You cannot be punished for refusing to make statements to the police, except for the basic information that they need to process you, such as your name and address.
It is critical that you understand that law enforcement's position is directly opposed to yours. Police officers and prosecutors build their careers on arrests and convictions. They are not interested in proving your innocence. Any interaction is used to confirm their suspicion that you committed a crime, not to exonerate you or learn the truth about what happened to lead to your arrest.
While it’s natural to want to defend yourself and your reputation, doing so could actually cause more harm than good. For example, you might inadvertently say something that could be used against you in a prosecution, such as that you were physically present at the crime scene or that you had a sexual relationship with the alleged victim.
Simply state that you wish to exercise your right to remain silent, and decline to answer any questions that law enforcement officers pose to you.
Ask for a Lawyer
As soon as possible, ask to speak to a lawyer. Make it clear to law enforcement that you will not make any statements without a lawyer present. Be clear about your request, and avoid ambiguity, such as by asking, “Do I need a lawyer.” Instead, say, “I want to speak to a lawyer.”
Once you make this statement, police are required to stop asking you questions. If they did not, let your criminal defense attorney know. Continue to repeat your request if police try to disregard your right to speak to an attorney.
Do Not Consent to a Search
Sometimes, law enforcement might ask to search your person, car, or home during your arrest. You have the right to refuse consent to a search. Police officers may have a warrant or other legal justification to conduct the search anyway, but if they ask, do not give permission. That way, if a search is not lawfully warranted, police won’t be able to argue against its illegality by claiming that you consented.
Do not help the police search your or explain where requested items are. At the same time, don’t interfere, try to conceal anything, or lie, as doing so could harm your case or even subject you to additional criminal charges.
Avoid Signing Anything
Just as you should not say anything to law enforcement, do not sign anything that they present you with either without legal counsel. They could be trying to have you sign a document alleging to be your statement or admission of guilt or a waiver of important rights.
Make a Phone Call
You also have the right to make a phone call after an arrest. If you can only make one local call, you may be able to call a family member or friend, who you can ask to contact a criminal defense attorney for legal representation for you. Do not reveal too much information during this call, as it could be being recorded.
Don’t Talk to Anyone About Your Case
While you are incarcerated, do not talk to detention officers or inmates about your case. Sometimes, these people may provide testimony about what you said to help themselves, so stay appropriately guarded.
Hire a Lawyer
If you haven’t done so already, hire a lawyer. While you have the right to be appointed a public defender, you can receive more personal attention from a private defense lawyer. You want to have a lawyer involved in your case as soon as possible so that they can begin fighting to protect your rights.
When you hire Fassio Law, you get a defense team that can:
- Conduct an independent investigation into your case to gather evidence to aid in your defense
- Identify any constitutional rights violations that you were subjected to, which may provide grounds to suppress evidence or have the criminal charges against you dismissed
- Seek to have you released on your own recognizance or negotiate for a lower bond amount
- Help you navigate legal proceedings
- Build a defense strategy that is tailored to your particular case
- Negotiate for a favorable plea bargain, as appropriate
- Challenge test results, evidence preservation protocols, and expert witness testimony
- Defend you in court if your case goes to trial
Learn more about how we can help when you contact Fassio Law for an initial strategy session.
Get a Bond
You have the right to bond or a hearing in front of a judge about being held in custody while your case is pending. Law enforcement must ensure that a judge promptly sees you to have your detention assessed.
If you are arrested and booked in a municipal or county jail, you can post bond before you are arraigned. Posting a bond allows you to be free during the criminal proceedings and better aid in your defense. There are a few ways that you can get a bond following an arrest, including:
- Hire a bondsman: A bondsman posts the full amount of a criminal defendant’s bond, charging the person paying the bond a certain percentage, such as 10% to 20% of the total bond amount.
- Post a cash bond: With this option, you pay the entire amount of the bond yourself. At the end of the case the court returns the money to you, but it might deduct any fines and court costs from this amount first.
- Put up collateral: Some bonds are rather expensive and may require you to put up valuable assets as collateral, such as your home.
- Wait to be released on your own recognizance: If you are released on your own recognizance, you can leave detention without having to pay bail, based only on your promise to later appear in court when required to do so. This process could take one to five days, where available.
Criminal defense attorneys are experienced at navigating bail hearings and arguing for a lower bond or personal recognizance bond to help their clients.
Request a DPS Hearing
If you were arrested for DUI or refused a breath, blood or urine test after an arrest, your driver’s license will be automatically suspended. You only have 15 days from the date of your arrest to request admission to the impaired driving accountability program with the Oklahoma Department of Public Safety (DPS) and 30 days to request a DPS hearing to fight license suspension, so you must act quickly to protect your driving privileges.
Get Your Vehicle Out of Impound
If you were arrested for DUI or were in your vehicle at the time of your arrest, your vehicle may have been towed away and impounded. You can be charged for each day that your vehicle is in the impound lot. You will need your title, current registration, proof of insurance, and a licensed driver to release the vehicle.
Secure Your Best Defense
Being arrested is only the first of many steps in the criminal justice process. It also signals your need to retain qualified legal counsel. An experienced criminal defense lawyer from Fassio Law can take immediate action to help protect your legal rights and help you navigate the legal process ahead.
At Fassio Law, we treat all of our clients with the respect and dignity that they deserve. We don’t believe that just because you’ve been arrested that you are a criminal. We are ready to conduct an independent investigation to identify all plausible defenses. If you or a loved one has been arrested in Oklahoma, contact us today for a confidential case review.
