What Are Your Rights If Arrested and Charged With a Crime?

You have legal rights if you've been arrested and charged with a crime in Oklahoma. An experienced criminal defense lawyer can advocate on your behalf if you find yourself in this situation. Understanding your rights ensures that you can document and report violations that occur while in custody.

Know Your Rights When Arrested and Charged: Guidance From an Oklahoma Criminal Defense Lawyer

The Right to Remain Silent

You have the right to remain silent when stopped or arrested by law enforcement. Under the Fifth Amendment, the court can use any statements you make in the legal case against you, but you can legally stay silent to avoid self-incrimination. The officer must inform you of these rights, often referred to as Miranda rights, upon your arrest. Politely and clearly tell the officer that you wish to invoke your right to remain silent.

You have the right to remain silent when arrested. This means you do not have to answer any questions or provide information that could be used against you in court. It's often advisable to exercise this right until you have legal representation.

You do not have to answer any questions, including questions about your US citizenship or birthplace. You can continue to stay silent during a legal interrogation; in this case, law enforcement must end the interrogation. Even if you decide to remain silent, law enforcement can still take fingerprints. You can always use your right to remain silent, even if you previously agreed to speak to the arresting officer.

The Right to an Attorney

Law enforcement must provide access to your attorney if you've been arrested and charged. Tell the officer you want to speak with your attorney and will not answer any questions without their advice and presence. If you can't afford an attorney, the court must appoint a public attorney to represent you during the criminal proceedings.

You have the right to legal representation. If you cannot afford an attorney, one will be provided for you by the court. This ensures that you have professional legal assistance to help navigate the legal system and defend your rights effectively.

Law enforcement must end a criminal interrogation if you waive your right to have your lawyer present. For more information, click here to learn about hiring an experienced defense lawyer.

The Right to a Phone Call

You have the right to make a local phone call after an arrest. If you're calling your attorney, law enforcement is legally prohibited from listening to or recording the call. However, they can listen in on calls you make to anyone other than your lawyer.

The Right to a Speedy Trial

The Sixth Amendment establishes your right to a reasonably speedy trial after your arrest. The court must hear your case before an impartial jury of your peers. The federal law does not state a specific date when the trial must take place, but many states have created their own speedy trial laws. In Oklahoma, a felony trial must take place within nine months if you remain in custody or 18 months outside of custody.

Your attorney can file a habeus corpus request if you've been arrested and held without charges. This legal motion requires the court to determine whether you're being lawfully held.

If an officer violated any of these constitutional rights during an arrest or while you were in police custody, you can file a complaint. Record as much information as possible about the incident, including the officer's badge number and other pertinent details. Your attorney can help you seek the justice you deserve in this situation.