Miranda: Know your Rights When Speaking to Police
Miranda: Know your Rights When Speaking to Police
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.
There are consequences to your criminal defense and future for speaking to police without a criminal defense attorney. Know Your Rights and be prepared to protect them, if you or a loved one are arrested. These protections have teeth in your criminal case based on the Supreme Court decision in Miranda, in which the Supreme Court decided statements in limited circumstances are not admissible against criminal defendants. There is a common misconception Miranda Rights have a larger application than they in fact do. Information gained by interrogation, which violates the requirements of Miranda may be used against an individual in their investigation; however, the words a suspect or criminal defendant say cannot be introduced at trial against the individual.
Although the application of Miranda Rights is limited; the remedy is clear cut, suppression. That means the prosecutor cannot present these statements to the judge or jury, if suppressed. In order to prove cause for suppression, two requirements must be met: you must be in custody, i.e. a reasonable person does not feel free to leave, and you are “under interrogation.” Interrogation is a legal term of art in this context and does not cover all manner of statements police hear. Anything you say can and will be used against you, if you offer the information freely.
Understanding the legal nuisances of Miranda Rights and suppression of improperly obtained statements/evidence is complicated and takes years to master. The fact that does not take time to master is exercise your right to remain silent. You and your attorney should speak before you make a statement to police.
Often people under arrest or people that are about to be arrested make the mistake of trying to talk their way out of arrest. This misguided approach leads to law enforcement obtaining incrimination information, which will be used against you in your criminal case. Unfortunately, this often leads to criminal defense clients coming to me after arrest and after speaking to police. Arrest and the first 48 hours after arrest is the scariest time in the life of many of my clients and their families; however, it is crucial you exercise your Right to Remain Silent. You and your chosen criminal defense attorney will have the opportunity to speak to law enforcement, but you should only do so after consulting with a criminal defense attorney that can analyze the situation with you. I hope this page has given you useful information about your rights following arrest in Oklahoma and your interaction with law enforcement and police 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.
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"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!!!"
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