If you are being questioned by police in Oklahoma City, Oklahoma, it is most likely because you or someone you might know is suspected of having engaged in illegal activity.
People are often unsure about what they should and shouldn’t do when they find themselves in this situation.
The single most important thing to do if you are questioned by police in Oklahoma City is to exercise your right to remain silent.
What to Do if Questioned By Police in Oklahoma City
Remain silent and do not answer any questions from the police or any investigator without first being advised by an Oklahoma criminal defense attorney. This cannot be stressed enough.
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 as much as possible if you are being questioned by police in Oklahoma City, the Fifth, Sixth and Fourteenth Amendments to the Constitution give you the right to remain silent.
You would be well advised to exercise your right to remain silent for the following reasons:
Anything you say can be used against you in court, but not in your defense.
There is always the chance what you say may be recalled inaccurately or distorted and used against you.
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.
Even if you are innocent, what you say may incriminate you.
The police may exert pressure on you to talk and you may be very tempted to do so. However, you cannot be punished for simply refusing to answer their questions.
Stay calm and invoke your constitutional right to remain silent. Also, be sure that you ask for an Oklahoma criminal defense attorney.
Explicitly asking for an attorney gives you more protection under the law than simply refusing to answer.
Once you ask for an attorney the police cannot initiate the questioning later or begin to question you about any other crimes.
Simply state clearly, “I do not want to answer any questions and I would like to speak to an attorney.” Repeat this as many times as necessary.
Then contact an Oklahoma City criminal defense attorney as soon as you have the opportunity to do so.
Another thing to remember is that the police are required to read you your Miranda Rights if they are taking you into custody. You have been taken into custody anytime you reasonably feel that you are not free to go.
If you are unsure whether or not you are free to go simply ask the officers, “Am I free to go?” and continue to ask until you get an answer or you are free to go. If you are not free to go, you are in custody.
On the other hand, the police are not required to read you your Miranda Rights they are not taking you into custody. Which means they may ask you incriminating questions without giving you fair warning that anything you say can be used against you in court.
So, do not assume that since they did not Mirandize you, anything you will be inadmissible in court and that you will escape on account of this.
Remain silent whether you reasonably believe you have been taken into custody or not.
Free Consultation: Oklahoma City Criminal Defense Attorney
Before you let police or prosecutors tell you what’s best for you, talk to an Oklahoma City criminal defense attorney. A lawyer’s primary goal is to protect the interests of people in your situation.
For a free consultation, call the Criminal Defense Law Office of Oklahoma City today at (405) 588-4529 (588-4LAW).
If you prefer, you may send your question using the contact form at the top right side of this page.