



|
|
|
|
|
|
|
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: Oklahoma City, Altus, Broken Arrow, Del City, Edmond, El Reno, Enid, Ft. Sill, Goldsby, Guthrie, Lawton, Midwest City, Muskogee, Mustang, Newcastle, Nichols Hills, Norman, University of Oklahoma (OU), Oklahoma State University (OSU), Ponca City, Purcell, Shawnee, The Village, Tinker AFB, Tulsa, Valley Brook, Vance AFB, Woodward, and Yukon. For other cities serviced, see Our Offices at the contact us page.
Oklahoma County: Oklahoma City, Arcadia, Bethany, Choctaw, Del City, Edmond, Harrah, Jones, Luther, Midwest City, Moore, Newalla, Nichols Hills, Nicoma Park, Spencer, The Village, Tinker AFB, Valley Brook, Warr Acres, Yukon.
Canadian County: El Reno, Mustang, Piedmont, Yukon
Cleveland County: Norman, Moore
Garfield County: Enid
Logan County: Guthrie
McClain County: Purcell, Goldsby,
Newcastle
Pottowatomie County: Shawnee
Tulsa County: Tulsa, Broken Arrow, Owasso, Jenks, Bixby
For other counties serviced, see Our Offices at the contact us page.