Knowing your rights when you’re arrested can help you protect yourself and ensure a fair process. Being arrested is one of the most stressful experiences anyone can face. Whether it’s your first encounter with law enforcement or not, it’s critical to understand that you still have rights under both the U.S. Constitution and Oklahoma law.

Your Right to Remain Silent

The Fifth Amendment to the U.S. Constitution gives you the right to remain silent. This means:

• You do not have to answer questions from the police about where you were, what you were doing, or whether you committed a crime.
• Anything you say can be used against you in court.

If you choose to remain silent, clearly state: “I am exercising my right to remain silent.”

Your Right to an Attorney

Under the Sixth Amendment, you have the right to an attorney:

• You can request a lawyer immediately upon arrest.
• If you cannot afford an attorney, the court must provide you with one (a public defender).
• Police must stop questioning you once you request a lawyer.

In Oklahoma, this right is crucial—an attorney can advise you on whether to speak, negotiate with prosecutors, and protect your legal interests.

Your Right Against Unreasonable Searches and Seizures

The Fourth Amendment protects you from unlawful searches:

• Police generally need a warrant or probable cause to search your home, car, or belongings.
• You have the right to refuse consent to a search if officers do not have a warrant.

There are exceptions, such as when evidence is in plain view or during certain vehicle stops, but courts closely review whether a search was lawful.

Your Right to Know the Charges Against You

If you are arrested in Oklahoma, you have the right to know why:

• Police must inform you of the reason for your arrest.
• At your first court appearance, the charges against you will be formally stated.

This ensures you can prepare a defense and challenge the state’s evidence.

Your Right to Reasonable Bail

Most people arrested in Oklahoma are entitled to bail, which allows release while awaiting trial:

• Bail cannot be set excessively high.
• In some cases, judges may release you on your own recognizance (without paying money).
• Certain serious or violent charges may carry stricter bail conditions.

Your Right to Due Process

The Constitution guarantees that you cannot be deprived of liberty without fair procedures. This includes:

• A prompt appearance before a judge.
• The right to challenge evidence.
• The right to a fair and public trial by jury.

What to Do If You’re Arrested in Oklahoma

If you are arrested, remember these key steps:

1. Stay calm and respectful—resisting arrest can add more charges.
2. Do not volunteer information—only provide your name and basic identifying details.
3. Ask for a lawyer immediately—do not answer questions until your attorney is present.
4. Do not consent to searches without a warrant.

Wagoner Criminal Defense Attorneys

An arrest does not mean you are guilty. It means law enforcement believes they have enough reason to charge you. Understanding your rights—the right to remain silent, the right to an attorney, the right against unlawful searches, and the right to due process— when arrested can make all the difference in protecting your future. Our skilled counsel at Wagoner Attorneys is here to help you. Call us at 918-283-7394 for a free consultation. Or you can follow this link to ask a free online legal question.