Arrested? The First 48 Hours
Have you or a loved one been arrested?
Don’t know where to start?
It doesn’t need to be overwhelming. We’re here to guide you through the process, starting right now!
The First 48 Hours:
What You Need to Know!
- Remain silent: Don’t answer questions beyond identifying yourself. You have the right to remain silent, and anything you say can be used against you.
- Do NOT talk to your relatives on the phone about your case. These calls are recorded and not privileged! The smallest comment can be held against you.
- Ask for a lawyer: You have the right to legal counsel immediately. If you can’t afford one, the state will provide one.
- Do not consent to searches: If possible, avoid consenting to searches without a warrant.
What Happens After An Arrest:
- Booking and processing at the police station: Fingerprints, mugshots, and basic information will be taken.
- Pay your bail to get released. In most cases, you can hire a bondsman immediately to get released. You will need to come back to court for your first court appearance.
- Initial court appearance usually occurs 1 month after the arrest: You will be formally charged, and your attorney can argue for bail reduction or dismissal. If you haven’t posted bail, you’ll be in jail until then. For the best outcome, you want to have a lawyer by your side.
- Don’t forget to preserve evidence: Document anything related to the arrest (e.g., witnesses, injuries) so that your attorney can build out your case and ensure your side is heard.
You can expedite your release by calling Cannon & Associates at 405-591-3935.
How We Get The Best Possible Outcome For You
1. Book a free case strategy session
2. We’ll gather evidence and look into all relevant details of your case
3. We’ll advise you on your options and support you throughout the process to get you the best possible outcome
WHY CANNON & ASSOCIATES?
THEY GENUINELY CARE FOR THEIR CLIENTS
“I felt like I was in a LITERAL fight for my life when I had got into some legal trouble.. John & Hailey never failed to bring me back to ground level & reassured me that everything was going to be okay. This is not just a paycheck to any of them.
They do what they do because they genuinely care for their clients. I never had to hound anyone for any answers, updates, statuses, etc. I was also informed as soon as they were. Amazing staff of criminal lawyers & family lawyers. I will refer anyone I come into contact with to John & his team.”
– Andrea
What to Expect from
your Case Strategy Session
- Terms you’ll understand: We explain complex legal concepts in relatable terms so you don’t get taken advantage of.
- Gain Clarity: Get answers to all your questions.
- Understand Your Legal Options: Make informed decisions for your future by gaining a clear understanding of the legal options available to you.
- Personalized Advice: We’ll tailor our approach to your specific needs and goals.
- Navigate with Confidence: Gain the knowledge to navigate the next steps effectively and confidently, increasing your chances of achieving the best possible outcome.
- No Obligation: No pressure; you’re free to explore your options at your own pace.
- Confidentiality: We understand the sensitivity of your situation and respect your privacy.
TOP 3 REASONS TO CHOOSE US FOR YOUR CASE
1. Personalized Defense Strategy:
With 75+ years of combined experience, we tailor our approach to your unique circumstances.
2. Aggressive Negotiation & Representation:
We fight to minimize penalties and protect your future.
3. Unwavering Support:
We’re by your side throughout every step of the process. Weekly team strategy sessions ensure a comprehensive review of your case and the commitment of our entire team.
THEIR PROCESS IS EASY TO FOLLOW AND CANNON & ASSOCIATES DO EXACTLY WHAT THEY SAY
“Excellent representation. Their process is easy to follow and Cannon & Associates do exactly what they say. Thankful to have found outstanding Oklahoma leadership with everyone in this law firm. Especially if you don’t have an attorney on speed dial this is your place! They are straightforward and get to work immediately on your case. Job well done. They answer on holidays and when everyone else is on vacation there is someone answering at Cannon & Cannon.”
-Bales
FAQs
1. Will charges be filed against me?
An arrest in Oklahoma doesn’t guarantee charges will be filed.
- Police have discretion: The arresting officer can choose to release you without charges or submit your case to the prosecutor.
- The prosecutor reviews the case: The prosecutor will examine the evidence and decide if there’s enough to pursue charges. Factors like witness statements, sobriety test results, and the severity of the offense will influence their decision. Potential outcomes could be that the prosecutor files charges, drops the case entirely, or offers a plea bargain.
2. Should I hire a criminal defense attorney for my arraignment?
Yes, consider hiring an attorney for your arraignment. An arraignment is your first official court appearance, where you’ll be informed of the charges against you and enter a plea.
An attorney can:
- Represent you in court: This allows you to avoid a potentially confusing situation and ensures your rights are protected.
- Negotiate bond: They may be able to get you released on your own recognizance (without bail) or argue for a reduced bond amount.
- Start building your defense: Begin negotiations and start working towards a favorable outcome.
3. How does a criminal defense attorney get a case dismissed?
Criminal defense attorneys can get charges dismissed in several ways:
- Expose flaws in the prosecution’s case: This might involve challenging evidence obtained illegally (motions to suppress) or questioning witness credibility.
- Demonstrate insufficient evidence: If the prosecution lacks enough evidence to meet the “burden of proof,” dismissal might be possible.
- Negotiate with the prosecutor: Sometimes, cooperation or addressing underlying issues can lead to dropped charges.
Find more related information in our blog:
Bail and Bonding Out of Jail in Oklahoma
Miranda Rights: Know Your Rights when Speaking to the Police
FAQs Criminal Defense
What You Need to Consider
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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
Time is Critical: Protect Your Rights Now
Being arrested and the first 48 hours after arrest are the scariest times in the lives of many of our clients and their families. We hope this page has given you useful information about arrest in Oklahoma and the time immediately after arrest in Oklahoma.
At Cannon & Associates, we don’t just represent you, we become Your Fierce Advocates®. We combine comprehensive legal knowledge with compassionate support, ensuring you understand your options at every step. Don’t face legal challenges alone. We’ll analyze your situation and fight tirelessly for the best possible outcome. Contact us today to schedule your free case strategy session at (405) 358-4902 or click here to get started.