Arrest: The First 48 Hours
Arrest: The First 48 Hours
CANNON & ASSOCIATES is dedicated to Fierce Advocacy for those facing Criminal Prosecution. It is crucial you contact an experienced Oklahoma Criminal Defense Attorney, if you have been arrested for any criminal allegation. You need a Fierce Advocate to defend your rights, your property, and your freedom. This page is an overview of what to do after you have been arrested, specifically within the first 48 hours after arrest.
I’ve Been Arrested, What Do I Do Now?
Being arrested is a confusing, stressful, and terrible experience, especially during the first 48 hours. The initial process can and will cause you and your family to have many questions. It is important you know your rights and understand the process. You have heard of Miranda Rights in television and movies, but did you know it is actual law? You have the right to remain silent. You have the right to speak to an attorney. You have the right to stop speaking with law enforcement at any time. You have the right to have your attorney present with you when you speak to law enforcement. When your freedom and future are on the line you cannot afford to risk speaking to police without your attorney.
Many of our clients have never been arrested before and this is their first experience having no freedom. Many worry about their safety, their future, and the effects of this experience. The most the average person knows about being arrested is from a television show. Fortunately, for your or your loved one, television exaggerates the process and the experience for entertainment purposes. In most counties in Oklahoma, including Oklahoma County and Tulsa County, upon arrest an individual will be processed at the office of the law enforcement agency/police department making the arrest and then will be transported to county jail, including males and females.
What Happens after I get to Jail?
Upon book-in, the police department or other law enforcement agency will notify the detention center (county jail) of the recommended charges, which are often highly exaggerated, and bond/bail is set based on a schedule determined by the District Court. Once bail is set by schedule, you may post your complete bail, cash bond, which you/your family will have returned to you at the conclusion of your case or you can hire a bail bond company, a bondsman, to post the amount and you will be required to pay the company a percentage of your total bond. Most bond companies require 10% of your bond, which the company will keep at the conclusion of your case. One wrinkle in this process can come from having charges or holds in more than one county, which an attorney can address for you.
Those individuals that do not post bond, either by cash or a bondsman, will stay in jail until released by the Court or will be in custody until an attorney can seek to have their bond reduced or an agreement on conditional bond, which does not require money.
What Is It Like Getting Booked Into Jail?
The book-in process is long and boring with hours of waiting to complete tasks prior to being placed into an actual cell in the jail. Whether you bond out or not, you will be required to appear at arraignment, your first court date, either to receive your charges or be notified that charges have not been filed yet. At arraignment, you should enter a plea of not guilty, if you have hired an attorney he/she can argue for your bond to be reduced or for more favorable conditions of being out of custody.
After arrest it will likely take hours before having access to “your phone call” to contact family or an attorney. There is no time like the present to contact an experienced criminal defense attorney to begin fighting your case and reduce the damage in your case. I recommend contacting an experienced Oklahoma criminal defense attorney at the first sign of criminal trouble. Hiring a criminal defense attorney as a suspect, during the investigation, or before arrest maximizes your opportunity to minimize your exposure. A hired criminal defense attorney can contact the law enforcement agency investigating you and possible stop the process or help you avoid arrest.
Alternatively, if arrest is inevitable, your criminal defense attorney may be able to facilitate the time, date, and place you go into custody. This small amount of control can provide a great amount of peace of mind for someone anticipating arrest. Your attorney can contact the prosecutor and appear before the judge assigned to your case, if a warrant is pending and seek to have your case placed on the docket (receive a court date) without going into custody at all.
Common Mistakes After Arrest
Time heals all wounds, except being charged with a criminal offense. Often time is the enemy of your criminal defense, as it offers more and more opportunity to make mistakes. The advent and spread of social media has resulted in hundreds, if not thousands, of admissions and damaging statements being introduced against criminal defendants in Oklahoma. Whether you hire an experienced criminal defense attorney or not, be smarter than advertising admissions to a crime.
Talking about your case is the most common error criminal defendants make after being arrested. Phone calls are recorded in jail and used against defendants by the prosecution every day. Conversations can be recorded in Oklahoma, if one party consents to the recording. What does that mean, a person on their own accord or with assistance of police can choose to record a conversation with you and turn that information/recording over to the prosecution or police. You should speak to no one on earth except your attorney about your case, period.
Does Hiring an Attorney make me look Guilty?
Hiring an attorney is simply the smart exercise of a Constitutional right, to anyone associated with your case. Police, prosecutors, and judge assume nothing more than you know your rights and you are exercising them when you hire an experienced criminal defense attorney. You have rights, you should use them. Police/law enforcement will not attempt to coerce a confession out of you or a loved one, if you are represented by counsel. Police know they cannot use a confession, if they question someone in custody without their attorney, assuming that person has hired an attorney. It is reversible error, a big problem, if anyone uses the fact you have hired an experienced criminal defense attorney against you in court. Once you have been arrested, your only line of defense is your attorney. This is one right you do not want to waste. The first 48 hours may be boring; however, they may be far worse for your future, if you do not hire an experienced Oklahoma criminal defense attorney.
CONCLUSION
Being arrested and the first 48 hours after arrest is the scariest time in the life of many of my clients and their families. I hope this page has given you useful information about arrest in Oklahoma and the time immediately after arrest in Oklahoma.
Experience matters when your freedom or the freedom of a loved one is on the line. It is important to know the attorney you hire is a Fierce Advocate and has experience defending criminal cases. John Cannon, owner of CANNON & ASSOCIATES, PLLC, will personally work along-side you during the entire process, including meeting with you in jail until you are released.
John has been honored by being identified as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association. John has the experience you need and will bring it to bear in your case. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES to protect your freedom and Fight your Case. You may send an email inquiry, complete the contact form on our website, or call at (405) 657-2323.
Your fierce advocates® in
criminal defense and family law
Our Client Reviews
More 5-star Reviews Than 99% Of Lawyers In Oklahoma
"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."
"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."
"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."
"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."
"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"
"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"
"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."
"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."
"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."
"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."
"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."
"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"
"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."