EVERYBODY'S NIGHTMARE

Jackson & Presson, P.C. Attorneys Norman, Oklahoma 405.447.6637

Have you been arrested? Are you under suspicion for committing a crime?

KNOW YOUR RIGHTS!

VERY IMPORTANT! This page is NOT intended to and does NOT create an attorney-client relationship between the reader and the law firm of Jackson and Presson, P.C., and/or its attorneys. The information here is NOT a substitute for personal consultation with or retention of your own attorney, which is strongly recommended. Based on the particular circumstances of your case, the advice you could be given might differ.

For the law-and-order types: This information is not to be interpreted as a place to educate people on how to "get away with" crimes. Rather, it is to educate people about their Constitutional and statutory rights. One of the most common causes of wrongful convictions is "voluntary statements" which are construed in error or taken out of context.

YOUR RIGHTS:

You have the right to remain silent. U.S. Constitution, Fifth Amendment. You have the right to be represented by an attorney before being charged with a crime, if the police want to question you and you are under arrest. U.S. Constitution, Fifth Amendment.* After being charged with a crime punishable by any jail time, you have the right to be represented by an attorney and to have an attorney appointed for you if you are indigent. U.S. Constitution, Sixth Amendment. You have the right to be secure in your person, place, and things. U.S. Constitution, Fourth Amendment. You have the right to due process of law and a fundamentally fair trial. U.S. Constitution, Sixth and Fourteenth Amendments. _________________ * If you are NOT under arrest, meaning your liberty is not being restrained, the police may question you without reading you your rights and without advising you of your right to counsel. You have no right to court-appointed counsel at this point. However, anything you say still can be used against you in later court proceedings. _________________ A common mis- conception is that every arrested person must be read her rights. Police only need to give the Miranda warnings if they intend to question the person. In any event, ANYTHING the person says can be used against them.

Arrested? Under Suspicion for a Crime?

CALL US:

You have the right to remain silent. Use it! ANYTHING and EVERYTHING you say to police, or to other people, can and will be used against you in court. Remaining silent -- refusing to talk to authorities -- is NOT a sign that you are guilty of any offense. If you do end up being charged, the prosecution cannot mention in any way, shape, or form that you exercised your right to remain silent. On the other hand, if you make a statement -- either before or after arrest -- it WILL be used against you in court. Even if you deny committing any offense, a skilled interrogator may obtain statements from you that are seemingly innocent to you, but which are used by the prosecution to connect you to the crime. It is highly likely that when being interrogated, especially by persistent and aggressive interrogators, that you will make inconsistent statements, even about irrelevant matters. The prosecution uses these "inconsistent" statements to suggest you are a liar and can't be trusted. Remember, if you have been arrested or are under suspicion of committing a crime, the POLICE ARE NOT YOUR FRIENDS! Promises to "tell the prosecutor you assisted us," "we just want to help you," "we need YOUR side of the story," and similar statements are just tools to get you to talk. If you talk, your statements WILL BE USED AGAINST YOU. Don't consent to searches of your home, car, or person. If law enforcement authorities have probable cause to believe there is evidence of a crime in your home, car, or on your person, they can get a warrant. You must allow them to search pursuant to the terms of the warrant, IF they get a warrant. The privacy rights of your home, your car, and your person are something that shouldn't be given up on a whim to a law enforcement officer conducting a "fishing expedition" looking for any evidence of any crime. If arrested and read your rights, ask for a lawyer. Demand a lawyer. Even if you don't have a lawyer at the time, and even if you will need a court appointed lawyer, police must cease questioning when you assert either your right to silence or your right to a lawyer. Don't say another word! DO NOT ASK OTHER PEOPLE TO LIE FOR YOU!!!!!! You'll get caught! If it is a federal investigation, it is especially important to NOT talk to the federal authorities. It is a federal felony crime to give false information to a federal official, and ANYTHING you say that the feds disagree with could form the basis of a charge for lying to the federal government. If you are in jail, DON'T SAY ANYTHING ABOUT THE OFFENSE TO YOUR CELLMATES!!! Jails are full of jailhouse snitches listening for any information they can sell to the prosecution for a better deal on their own charges. Sometimes, even often, they'll just make stuff up. It's better to be known for not saying anything. If you have been arrested and bonded out of jail, the bondsman will likely refer you to a certain lawyer. You are not bound to hire that lawyer. Sometimes the referred lawyer is good; sometimes not. Shop around and talk to different lawyers about your case. Find out how busy they are. If they don't have time to see you fairly soon, they're probably not going to have time to spend on your case. The cheapest lawyer may not be the best lawyer for you. When talking about low legal fees, you often get what you pay for -- low legal services. If you did commit a crime, and have been arrested and charged for it, allow your lawyer to assess the strength of the case against you, whether the appropriate charge has been filed, and negotiate with the prosecution. You should NOT try to negotiate the case on your own with the police. Remember, your statements will be used against you, and they are NOT your friends. If law enforcement authorities have a good case against you, they DON'T need your statement or confession. If they are desperate for your statement, it's an indication they don't have a case. Don't give them a case. It is an amazing fact that of all the known innocent people released from prison after years of confinement for crimes they did not commit, more than half gave "confessions" or "incriminating statements" to authorities.

IS THIS YOU?