For most people, the moment handcuffs click is one of the most frightening experiences of their lives. Being placed under arrest by law enforcement is a serious situation, and your actions in those critical first moments can profoundly impact the outcome of your case. Knowing your rights and remaining calm is the first line of defense.
If you find yourself in this situation, it is vital to navigate the situation carefully. Your freedom and future may depend on it. Having an experienced Oklahoma City criminal defense lawyer from Josh Lee & Associates ready to act on your behalf is a critical advantage.
Stay Silent
The most important right you have during an arrest is your right to remain silent, guaranteed by the Fifth Amendment to the U.S. Constitution. The police are trained to obtain information, so they can use anything you say, even if you believe it proves your innocence, against you later. People who are scared and under stress often make mistakes, misstatements, or provide information that a prosecutor can severely misinterpret.
Invoke your rights clearly and politely. Tell the arresting officer that you are invoking your right to remain silent and want a lawyer. After you make this statement, you should not answer any questions about anything, even if it is unrelated to the alleged crime. Do not fall for their assertion that they just want to clear things up. Remaining silent is not an admission of guilt. It is an intelligent assertion of your Constitutional rights.
Avoid Resisting or Arguing
You can stay silent, but you cannot physically resist a lawful arrest, even if you believe the arrest is unwarranted. Resisting arrest in Oklahoma can lead to separate, additional criminal charges. Physically struggling, running away, or verbally abusing an officer only serves to escalate the situation and creates a negative record that authorities can use against you in court.
Stay compliant, polite, and composed. Keep your hands where the officers can see them, and follow their instructions. Your goal at this stage is to get through the initial physical encounter safely and without committing a separate crime. Arguing the facts of your case is a job for your defense attorney, who can review all the facts without the pressure of the moment.
Navigate Booking and Bond
After the arrest, law enforcement officers will take you to a detention facility for booking. Here, they will record your personal information, take your fingerprints and mugshot, and confiscate your personal belongings. Depending on the nature of the charges and your criminal history, a judge will then determine the amount of money required for your release.
Legal representation is vital during this period. Your attorney will work quickly to secure your release on bond and start building your defense. They can challenge excessive bond amounts, file motions, and gather initial evidence. This helps you spend as little time incarcerated as possible while waiting for your initial court appearance.
An arrest is a critical turning point, not an endpoint. When you are up against the Oklahoma criminal justice system, every choice you make from the moment the police approach you is crucial. Protecting your rights starts the moment an officer initiates contact. The immediate step after asserting your right to silence should always be to secure experienced legal representation. The sooner your Oklahoma City assault lawyer gets involved, the sooner they can protect you from missteps. Call us to get started today.
