If you are questioned by the police, it is most likely because you are a suspect or believed to have information regarding a crime that has been committed. Either way, the experience can be quite uncomfortable.
In the midst of it all, it is important to remember that anything you say may be used against you or whomever you are being questioned about. This article is a discussion on what you should do if you are questioned by the police in Oklahoma.
Exercise Your Right to Remain Silent if Questioned by the Police in Oklahoma
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 with the police as much as possible, the Fifth Amendment to the Constitution gives you the right to remain silent, and you would be well advised to do so for the following reasons:
- Anything you say can be used against you in court, but not in your defense.
- There is always the chance that 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.
To invoke your right to remain silent, stay calm and simply state clearly that you do not want to answer the questions. Repeat this as many times as necessary. Then, contact an attorney as soon as you have the opportunity to do so.
Assert Your Fourth Amendment Rights
The police are not likely to remind you that the Fourth Amendment to the Constitution protects you from unreasonable searches and seizures. In effect, you have the right to deny the police the permission to search your body, home, vehicle, or property, unless they are authorized by the courts to do so.
So, unless the officer shows you a court-authorized search warrant, you can refuse to consent to any search of your body, home, vehicle, or property, even if they insist. All you have to do is say “no.”
Make it clear that you do not consent to being searched and repeat it as many times as you feel necessary. Then, contact an experienced Tulsa criminal defense attorney as soon as possible.
Stay Calm and Cooperate
Whether you are stopped simply to be questioned by the police, or if a search of your body, vehicle, home, or property ensues, it is important to remain calm and cooperate as much as possible without answering any questions or assisting the police in their search.
Under no circumstances should you lie to the police, become belligerent, or physically interfere with their searching. If you do so, you may be charged with obstruction of justice or battery on a police officer, which are serious offenses.
Free Consultation: Tulsa Criminal Attorney
Whether you have done something in need of defending or not, if you or a loved one have been questioned by the police in Tulsa, it may be in your best interest to contact an experienced Tulsa criminal attorney. A Tulsa criminal attorney can advise you on the best course of action to preserve your innocence.
To begin your free consultation, call 918-256-3400 today.