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WYATT LAW OFFICE, OKLAHOMA CITY, OKLAHOMA
Oklahoma Criminal Defense Law: Experienced Attorneys and Lawyers
Oklahoma Arrest, Criminal Charges & Bail Bonds
 
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White Collar Crimes 

Arrest, Bail and Criminal Charges
in Oklahoma State and Federal Courts
 

Oklahoma Arrest & Criminal Charges

In Oklahoma, most criminal charges are filed by "information" when the District Attorney "informs" you in writing of the charges. Alternatively, the charges can be filed by grand jury indictment. 

A person may be arrested before or after being charged. When arrested, most counties in Oklahoma permit the accused person to appear before a magistrate judge who determines bail or the amount of bond to be posted. In other counties, there is a system of "jail bail" where the amount of the bond is pre-determined by a schedule (which is done routinely in Oklahoma County).

Oklahoma Bail & Bail Bonds

It is possible that the bail amount might be lowered after a "Brill" bail hearing if the charged person is willing to remain in jail until the first appearance. The first court appearance usually occurs within 24 hours of arrest, unless the arrest falls on a Friday night or holiday. If the judge does not reduce bail, it is possible to request a bail ("Brill") hearing where evidence is provided to support your argument for a reasonable bail.

Bail may generally be posted by cash, by bail bond, or by property bond. However, the use of property bonds involves significant hurdles unless the land is in the county where the alleged crime was committed and unless the property is at least 2-1/2 times the value of the bail and the property is not encumbered (in other words, no mortgages). Bail bonds usually involve payment of 10% or 15% of the amount of bail set, and this amount paid to the bail bondsman is non-refundable. It is also possible in many counties or in municipal court for a judge to give the accused person a "P.R." or "O.R." (personal recognizance or own recognizance) bond. But some counties like Oklahoma County generally do not permit a P.R. bond.

The Wyatt Law Office can assist you in locating and hiring a respectable bail bondsman anywhere in Oklahoma.

In many Oklahoma counties, if the arrested person posts bail, then they likely are not eligible for court-appointed counsel. In other words, if you can afford bail, the courts usually find that you can afford to hire an attorney.

Federal Bail

If the crimes alleged are federal charges, a person is usually given a "personal recognizance" bond -- meaning that the accused is free on bond without posting any bail or bail bond. Otherwise, the federal magistrate will deny bond in most cases. If the crime charged has a potential sentence of 10 years or more or involves a crime of violence (or use of gun), then bail will likely be denied unless there are unusual circumstances.

If the federal government seeks detention (meaning no bail), then you are entitled to a hearing within five days of arrest. If the circumstances cannot be properly investigated within five days, then the client can request to "reserve" the bail issue for a later date.

Bail or Bond Conditions

Whether state or federal charges, if granted bail, there will be conditions or limitations. Generally this may involve limitation on travel to a certain region, not possessing or using illegal drugs, not possessing or using a gun, not contacting witnesses, drug testing, maintaining contact with a probation or bail officer, and making all court appearance. All appearances must be on time.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


WYATT'S RULES OF INVESTIGATION

If arrested or questioned by law enforcement, remember these rules:

Hire an Attorney: As soon as possible, talk to and hire an attorney. You NEED an attorney BEFORE you make any statements to the police.

Be polite and courteous with police:  Don't give any reason to escalate the situation. Don't complain about the stop or arrest or ague with the police. Stay calm; control your emotions. Stay in view of the officers, keep your hands in plain sight, and don't make any quick or jerky movements.

Ask if you are under arrest:
  If placed under arrest, you have the right to be told why you have been arrested. Also ask for the officer's name and badge number and remember the patrol car number if possible.

Do NOT give a voluntary statement: You are NOT required to talk to the police when questioned about a crime. Exercise your rights because you cannot be prosecuted for refusing to give a statement, but you can be prosecuted for giving a false or misleading statement. If you do give a statement, it can be used against you. The Miranda warnings do NOT apply to voluntary statements. If you are not under arrest or otherwise "in custody," then those statements can be used against you even without reading the Miranda warnings ("your rights") to you. Anything you say likely will be tape recorded or videotaped with or without your knowledge. To avoid problems and legal fees later, don't give any voluntary statements. (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.)

Do NOT resist arrest or touch the officer: Even if you are innocent, do NOT resist arrest. It will only add more charges and make your legal situation more difficult for your lawyer. Do NOT touch or threaten the officer, as the police will add "assault & battery on an officer" charges, which alone carry significant punishments. Do NOT "run" under any circumstances. If you run, innocent or not, the jury can be told you fled the scene.

Do NOT interfere with or obstruct the police: Do NOT interfere with the officer's investigation or interrupt the officer while he/she is interviewing others or searching. Generally speak only when asked (see above--do not give a voluntary statement) and do not assist in showing items or documents or explaining what happened. Do NOT attempt to obstruct the officers in their duties or to destroy evidence or contraband. Keep to yourself and mind your business. Interfering or obstruction an officer in his official duty is a separate crime.

Do NOT allow 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 when the police have a valid search warrant signed by a judge is it appropriate to give permission to search. If there is a warrant, ask to read the papers before granting permission so that you know the scope of the warrant. Then ask the officers if you may watch as they search and ask to call your lawyer before the search. You never know whether your spouse, children or perhaps a friend or acquaintance (or even a stranger) may have placed or left contraband or other evidence of crime in or on your property. Although less likely, a "bad" cop could also "plant" evidence; therefore, NEVER allow a search UNLESS the office has a warrant. If asked whether it will be okay to search, JUST SAY NO!

Do NOT give any samples–Body Fluids, Blood, Fingerprints, Handwriting Samples, Clothing or Shoes, etc.: The Fourth Amendment protects against unreasonable searches and seizures, and the Fifth Amendment protects against self-incrimination. While these samples may possibly be compelled by the court, do NOT give samples (1) without obtaining a lawyer to represent your interest or (2) without a court order. Even with counsel, there are situations when samples simply should NOT be given. Samples given with your permission are admissible in court. Also be careful because forensic sciences are not without fault. There are numerous cases in Oklahoma (i.e., the Jeff Pierce/Joyce Gilchrist matter) and throughout the U.S. where innocent people have been wrongfully convicted and even sentenced to death on flimsy hair or other samples. BEWARE.

Do NOT take a polygraph or lie-detector test or give a voice print: A polygraph is NOT admissible in court. Even if you pass a polygraph, police will not necessarily clear you. Because there are ways to "beat" the test, the police will not rule you out if you are a suspect. Likewise, do NOT give a voice print.  This is something like a fingerprint but considered less reliable.  Unless your attorney consents, do NOT give samples or take tests of any kind.

Do NOT give press interviews: Americans are naturally drawn to the spotlight when given an open microphone. You have the First Amendment right to free speech but consult your attorney BEFORE giving press or other interviews. Your attorney must weigh the options before commenting on the facts. There are times when it may be appropriate and recommended to cooperate with the press, but timing is everything. If contacted by media, you naturally will want to "clear" your name. Do not let the camera or reporter entice you. Your comments could end up on the editing room floor. Consult counsel first. Counsel must be media savvy to protect your interests in high profile or no-profile cases. Let them do the talking.

Be truthful with your attorney: Your attorney cannot help you unless the attorney knows the facts. You may think you can "protect" your interests by withholding information from your attorney, but that generally results in your attorney being surprised at inopportune times, such as during a hearing, deposition or trial.


Office Locations

The Wyatt Law Office is located in the State's capital of Oklahoma City,  which is situated in the middle of the state. Wyatt's  office is just two blocks from the federal courthouse and four blocks from the Oklahoma County courthouse.  We are less than 10 minutes from the State's appellate courts which are housed in the State Capitol complex. For federal criminal matters outside of Oklahoma, Oklahoma City offers easy connections to most major cities and both coasts from the Will Rogers World Airport. We also have good relations with lawyers statewide so that we can work in almost any venue in Oklahoma.

Mr. Wyatt is licensed in all of Oklahoma's federal courts including U.S. District Court Western District of Oklahoma (Oklahoma City), U.S. District Court Northern District of Oklahoma (Tulsa), and U.S. District Court Eastern District of Oklahoma (Muskogee).

Some of the cities served by the Wyatt Law Office in Oklahoma include: Ada, Altus, Alva, Anadarko, Antlers, Arapaho, Ardmore, Arnett, Atoka, Bartlesville, Beaver, Blackwell, Boise City, Broken Arrow, Buffalo, Chandler, Checotah, Cherokee, Cheyenne, Chickasha, Choctaw, Claremore, Clinton, Coalgate, Cordell, Duncan, Durant, Edmond, El Reno, Elk City, Enid, Eufaula, Fairview, Frederick, Ft. Sill, Guthrie, Guymon, Hobart, Holdenville, Hollis, Hugo, Idabel, Jay, Kingfisher, Lawton, Madill, Mangum, Marietta, McAlester, Medford, Miami, Midwest City, Moore, Muskogee, Mustang, Newcastle, Newkirk, Nichols Hills, Norman (University of Oklahoma), Nowata, Okemah, Oklahoma City, Okmulgee, Pauls Valley, Pawhuska, Pawnee, Perry, Ponca City, Poteau, Pryor, Purcell, Sallisaw, Sapulpa, Sayre, Seminole, Shawnee, Stigler, Stillwater (Oklahoma State University), Stillwell, Sulphur, Tahlequah, Taloga, Thackerville, The Village, Tinker AFB (Air Force Base), Tishomingo, Tulsa, Vance AFB, Vinita, Wagoner, Walters, Warner, Warr Acres, Watonga, Waurika, Weatherford, Wewoka, Wilburton, Woodward, and Yukon.

The Wyatt Law Office will travel to any of Oklahoma’s 77 counties on behalf of a client, which include: Adair County, Alfalfa County, Atoka County, Beaver County, Beckham County, Blaine County, Bryan County, Caddo County, Canadian County, Carter County, Cherokee County, Choctaw County, Cimarron County, Cleveland County, Coal County, Comanche County, Cotton County, Craig County, Creek County, Custer County, Delaware County, Dewey County, Ellis County, Garfield County, Garvin County, Grady County, Grant County, Greer County, Harmon County, Harper County, Haskell County, Hughes County, Jackson County, Jefferson County, Johnston County, Kay County, Kingfisher County, Kiowa County, Latimer County, LeFlore County, Lincoln County, Logan County, Love County, Major County, Marshall County, May County, McCain County, McCurtain County, McIntosh County, Murray County, Muskogee, County, Noble County, Nowata County, Okfuskee County, Oklahoma County, Okmulgee County, Osage County, Ottawa County, Pawnee County, Payne County, Pittsburg County, Pontotoc County, Pottawatomie County, Pushmataha County, Roger Mills County, Rogers County, Seminole County, Sequoyah County, Stephens County, Texas County, Tillman County, Tulsa County, Wagoner County, Washington County, Washita County, Woods County, and Woodward County.