Getting arrested in Oklahoma City can be a stressful and overwhelming experience. Whether you are facing DUI, drug charges, theft, or another criminal offense, what you do immediately after your arrest can significantly impact your case. Avoiding common mistakes can help protect your legal rights and improve your chances of a favorable outcome. Here we will list what can make dealing with a cop a bit easier, and what can exacerbate the issues.

Handling the Initial Police Encounter

In Oklahoma City, making an encounter with the police easier before an arrest often depends on how you handle the situation from the start. Staying calm, keeping your tone respectful, and following lawful commands can help reduce tension and may influence how officers proceed. Any abrasive energy could escalate the situation and worsen your outcome. Politely assert your rights if necessary, but do so in a non-confrontational manner. Being cooperative while protecting your legal rights can help keep the situation under control and may positively impact how things unfold, both during the encounter and later on in court.

Knowing your Miranda Rights is important for every citizen young and old. Most will see them on cop shows on TV, but they are real legal tools with a purpose. These rights let you know what you are capable of doing to protect yourself in the event of detainment. They go hand-in-hand with your constitutional ones.

Talking to the Police Without a Lawyer

One of the biggest mistakes people often make is talking to law enforcement officers after an arrest. Anything you say can and will be used against you in court. This is the “Right to remain silent” portion of the Miranda Rights we spoke of earlier. Although it is important for an officer to state these before the arrest, that doesn’t necessarily protect what you said before the arrest occurred.

Even if you think you are innocent, it’s possible to misinterpret or twist your words to imply guilt. Instead of speaking to the police, politely invoke your right to remain silent under the Fifth Amendment by stating, “I am invoking my right to remain silent. I want an attorney.” Do not answer questions or sign any statements until you have legal representation.

Resisting Arrest or Acting Aggressively

Even if you believe the arrest is unjust, resisting or fighting with officers can lead to additional criminal charges. This could mean resisting arrest, obstruction of justice, or assault on a police officer. It is crucial to stay calm and comply with officer commands, avoiding sudden movements or appearing aggressive. With the prevalence of body cam footage during their encounters, cops can build a narrative against any sort of pushback you give them. If there’s a violation of your rights, you should fight back through legal channels rather than through confrontation.

Failing to Request an Attorney Immediately

Many people mistakenly believe that asking for a lawyer makes them look guilty, but this is false. Your right to an attorney is one of the most important legal protections you need to utilize in these situations. If you do not have a lawyer, the police may pressure you into giving statements or making mistakes that harm your defense. Remember, they are trained to know what to say to get you to speak freely.

If you cannot afford an attorney, you have the right to a court-appointed lawyer. These legal professionals are known as public defenders. As soon as you are arrested, state, “I want to speak with my attorney before answering any questions,” and do not say anything else until your lawyer arrives. Once your lawyer arrives, they will take it from there.

Giving Consent to a Search

Police officers may ask for permission to search your car, home, or belongings, but you have the right to refuse unless they have a valid search warrant, probable cause, or an exceptional legal circumstance. If you give consent, anything they find can be evidence against you that causes you to be arrested in Oklahoma City. Instead, politely say, “I do not consent to a search,” and if officers have a warrant, ask to see it before allowing the search. A warrant must have a judge’s signature on it. If one is not, the warrant is just a fancy piece of paper. Do not physically resist, but make it clear that you do not consent.

Posting on Social Media About Your Arrest

Posting about your arrest or legal troubles on social media is a huge mistake. Prosecutors and law enforcement actively monitor social media for evidence, and they can recover and use even deleted posts against you. Additionally, when friends or family comment about your case, they may unintentionally create legal issues. Portraying yourself in any capacity regarding the legal issues on the internet is not advisable. The best thing you can do is treat it the same way as you would your right to remain silent with police.

Contacting Victims or Witnesses

If you face accusations of a domestic violence charge, assault, or another crime involving a victim, do not try to contact them—even if you think you can explain your side of the story. Courts may consider reaching out to a victim or witness to be witness tampering or violating a protective order. Prosecutors may use this as evidence of guilt or intimidation. If communication is necessary with the opposing party, always go through your attorney and avoid calling, texting, or messaging anyone involved in the case. Your attorney can facilitate proper and legal contact with them or their attorney to try and settle the matter.

Missing a Court Date

Failing to appear in court can lead to serious consequences, including a bench warrant for your arrest, additional charges for failure to appear, and stronger penalties. To avoid these complications, write down your court date and set reminders. If you have an emergency, notify your attorney and the court immediately. While an emergency does not always constitute grounds for missing court, the judge will be more sympathetic to a last-minute request versus a no-call, no-show so to speak.

Arriving on time and dressing professionally also demonstrates respect for the legal process. If you show up late looking unkempt, the judge could see this as a lack of care for your proceeding. This doesn’t mean you need to dress to the nines, but properly fitting clean clothing goes a long way. It’s also important to not speak out of turn in court. When someone does, it can cause the judge in Oklahoma City to order them to be arrested for being in contempt of court decorum.

Oklahoma City Criminal Attorneys

Being arrested in Oklahoma City can be overwhelming, but avoiding these common mistakes can protect your rights and improve your legal outcome. Remaining silent, requesting an attorney, and avoiding social media or rash decisions are key to building a strong defense. Our attorneys here at OKC Attorneys know a thing or two about proper legal actions and defenses. We will be here to help you through the court process with ease. If you or a loved one has been arrested, our team will fight for you. Call us today at 405-367-8710 or ask a question online.