When you are facing police questioning or arrest in Oklahoma, one of the first and most consequential decisions you make is whether to talk. From the moment law enforcement shows up at your door, pulls your car over, or places you in handcuffs, what you say can alter the course of your case.
Law enforcement can take seemingly harmless remarks out of context and turn them into damaging evidence. Below, an Oklahoma City criminal defense lawyer at Josh Lee & Associates explains why speaking to the police without legal counsel is almost always unwise.
Your Constitutional Right
Police officers are highly trained investigators. They are not looking to help you clear up a misunderstanding. Their job is to gather information that can lead to a successful prosecution. Many people mistakenly believe that simply explaining their side of the story honesty will quickly resolve the situation. This is a common and often disastrous mistake.
The Fifth Amendment to the U.S. Constitution grants you the right to remain silent and the privilege against self-incrimination. The prosecution can twist, misinterpret, or use as evidence against you any statement you make, even if you believe it is innocent or intended to be exculpatory. Once those words leave your mouth, you cannot take them back, and they become a permanent part of the police record and court proceedings.
It is easy to state minor inaccuracies or contradictions when you are under stress. Authorities can use these to destroy your credibility and suggest you are lying, regardless of your actual guilt or innocence. Even if you are honest, you can easily speak yourself into an arrest if you are nervous or unprepared.
Asserting Your Rights Correctly
Knowing how to interact with police and invoke your rights correctly is vital. While you have the right to remain silent, simply shutting down may not be enough, especially if you are in custody. You must clearly and unambiguously tell the officers two things:
- You are invoking your right to remain silent.
- You wish to have an attorney present.
This is not a negotiation. It is your Constitutional right. Police must stop questioning you once you assert your desire for an Oklahoma City DUI defense lawyer. You should not be rude or combative, but you must be firm. Do not answer questions about where you were, what you know, or even general details beyond your name and identification until your attorney is present. If an officer continues to question you after you have clearly invoked your right to counsel, the court may suppress those subsequent statements.
Why a Lawyer Should Lead the Conversation
A criminal investigation is not the place to be clever or rely on your own understanding of the law. The stakes are too high. Your future, freedom, and reputation are on the line. When you have legal counsel present, the dynamic of the interrogation shifts immediately. Your attorney is there to shield you from any improper or coercive tactics investigators might use.
They know the elements of the crime the police are investigating, understand the nuances of Oklahoma criminal procedure, and can evaluate the evidence before you say anything. They can advise you on whether giving a limited, controlled statement is in your best interest or if remaining completely silent is the wisest course of action. They ensure the authorities follow proper procedures and protect you from aggressive or coercive interrogation tactics.
Your lawyer is the only person in that room whose sole mission is to protect you, not to secure a conviction. Never talk to law enforcement without experienced legal counsel.
