Know Your Rights
If you are facing criminal charges in Oklahoma, it is important to understand your Miranda Rights. The Miranda Rights are a set of warnings that law enforcement officers are required to give to individuals who are being arrested or questioned in custody. These warnings inform the individual of their constitutional rights, including the right to remain silent and the right to an attorney.
What is Oklahoma’s Miranda Rights Law?
In Oklahoma, the Miranda Rights are codified in the Oklahoma Criminal Code, Okla. Stat. tit. 22 ยง 196. This law requires law enforcement officers to provide the following warnings to an individual in custody before questioning them:
- You have the right to remain silent and refuse to answer questions.
- Anything you say may be used against you in a court of law.
- You have the right to consult with an attorney and have that attorney present during questioning.
- If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
It is important to note that these warnings only apply when an individual is in custody and being interrogated. If an individual is not in custody, law enforcement officers are not required to provide the Miranda warnings.
Historical Oklahoma Miranda Cases
There have been cases in Oklahoma in the 2000s where Miranda Rights were not properly given by police. One example is the case of Lee Roy Banks, who was convicted of first-degree murder in 2000 but later had his conviction overturned due to the police’s failure to give him his Miranda Rights. Banks was arrested for the murder of a police officer, and during his interrogation, he made several incriminating statements without being informed of his rights. The Oklahoma Court of Criminal Appeals ruled that his statements should have been suppressed because of the Miranda violation, and Banks was granted a new trial.
Another example is the case of Stephanie Neiman, who was murdered in 2002, and the man who was later convicted of her murder, Clayton Lockett, argued that his Miranda Rights were not properly given. During Lockett’s trial, his defense team argued that he was not properly informed of his rights and that he did not understand them. However, the court ultimately found that Lockett had waived his Miranda Rights knowingly and voluntarily.
These cases highlight the importance of properly informing individuals of their Miranda Rights and the potential consequences if law enforcement officers fail to do so. If you or someone you know has been arrested in Oklahoma and believe that your Miranda Rights were violated, it is essential to speak with a criminal defense attorney at the Tulsa Criminal Defense Law Firm to determine your legal options.
Don’t Wait to Seek Legal Help – Retain Today
If you have been arrested or charged with a crime in Oklahoma, it is important to contact an experienced criminal defense attorney as soon as possible. If law enforcement officers failed to properly inform you of your Miranda Rights, any statements you made while in custody may be inadmissible in court. An attorney from the Tulsa Criminal Defense Law Firm can review the circumstances of your arrest and determine if your rights were violated.
Additionally, an attorney can provide guidance throughout the criminal justice process, including negotiating plea deals, representing you at trial, and appealing a conviction if necessary. The attorneys at the Tulsa Criminal Defense Law Firm have years of experience defending clients against a wide range of criminal charges, and they are dedicated to providing the best possible legal representation to each and every client.
If facing criminal charges in Oklahoma, don’t wait to seek legal help. Contact the Tulsa Criminal Defense Law Firm at 918-256-3400 today, to schedule a free consultation and learn more about your legal options. The attorneys at the Tulsa Criminal Defense Law Firm are committed to protecting your rights and fighting for your freedom.