Asserting Your Rights in Oklahoma

Right to Counsel

The Sixth Amendment gives you the right to have counsel before giving any statements or submitting to questioning. Exercise your rights. You NEED an attorney BEFORE you make any statements to the police. This is your most important right. If you cannot afford counsel, the court is required to appoint counsel.

Note that in Oklahoma County and many other counties, if you post bail the judges generally will not appoint counsel on the theory that if you can afford to bail out of jail, then you can afford an attorney.

Right to Remain Silent

The second most important right is a right you control completely. You are not required to talk to the police when questioned about a crime. Exercise your rights. Do NOT give a statement. The Fifth Amendment and the Miranda decision of the Supreme Court generally state that the Fifth Amendment protects the innocent man, as well as the guilty. Anything you say likely will be tape recorded or videotaped with or without your knowledge. Likewise, do NOT discuss facts of an alleged crime with family members, friends, co-workers, spouses, children, your accountant, etc. There is no privilege to protect your statements to these persons, so exercise your right to silence.

Right to be Free From Unreasonable Searches or Seizures:

The Fourth Amendment protects you from unreasonable searches and seizures. Unless an officer presents proper credentials and a search warrant, do NOT allow any search of your body, home, garage, business, computer, car, boat or other dwelling or conveyance or property. ONLY if the police have a valid search warrant is it appropriate to give permission to search. If there is a warrant, ask to read it. Then ask the officers if you may watch as the police search and ask to call your lawyer before the search. You never know whether your spouse, children or perhaps a friend or acquaintance (even a stranger) may have placed or left contraband or other evidence of a crime in or on your property. Although less likely, a “bad” cop might “plant” evidence; therefore, NEVER allow a search without a warrant. If asked whether it will be okay to search, say “no” and call your lawyer.

Right to Bail

Generally, you have the right to a reasonable bail if arrested. The primary issues should be whether you are a risk of flight or a danger to the community. In Oklahoma County, there is a standard bail or bond schedule which is generally applied, but bond is occasionally denied.

Note that in Oklahoma County and many other counties, if you post bail the judges generally will not appoint counsel on the theory that if you can afford to bail out of jail, then you can afford an attorney.

Right to Subpoena

If you choose to demand a trial, you have the right to compulsory process or to subpoena witnesses, regardless of whether the witness agrees to cooperate. If you serve the witnesses with process, they must attend hearings and give testimony (thus the right of confronting your accusers).  You have only a limited right to subpoena witnesses or documents at a preliminary hearing.

Right to a Speedy and Public Trial

The Sixth Amendment guarantees a “speedy trial” without unreasonable delays. This does not mean that you receive an immediate trial, but factors are analyzed to determine whether the delay is reasonable and whether there is any prejudice caused by an unreasonable delay. Also, your trial must be open to the public (except in certain juvenile settings).

Right to a Trial by Jury

You are entitled to a jury trial, unless both you and the government agree to a trial before the judge (a “bench trial”). If you demand a trial, a jury of six or twelve qualified persons must be empanelled to hear your case depending on whether it is a felony or a misdemeanor.

Right to a Unanimous Verdict

To be convicted, the jury must unanimously find you guilty beyond a reasonable doubt. In most felony cases, twelve people must agree that you are guilty of the crime charged; otherwise, you cannot be found guilty. If the jury reaches an impasse, the jury may be hung or split. Under these circumstances, you can be tried again.

Right to be Free from Subsequent Trials (Double Jeopardy)

The Fifth Amendment states that no person be put in jeopardy twice for the same offense. If the jury unanimously agrees that you are not guilty, then you cannot be tried again for that crime.

Right to Appeal

Generally, you have an appeal of right if you are convicted at trial. If you enter into a plea bargain or if you simply plead guilty, you may waive certain rights to appeal. You have the right to counsel on appeal and if you cannot afford an attorney, one is generally appointed for your first appeal. You generally do not have the right to counsel for second or subsequent appeals.

Right to Due Process

Generally speaking, this means that you must be given the opportunity of a fair trial or to fair procedures and that certain rights or privileges or property cannot be taken from you except under special circumstances.

Right to Equal Protection

This right is intended to give all persons, regardless of race, creed, nationality, religion or gender, the same protections or rights. In other words, no person or class of people shall be denied the protections enjoyed by others or classes in like circumstances.