One Phone Call: Your Rights in Police Custody
After you are arrested, you have certain rights that the police cannot take away from you. All people should be aware of these rights in case of arrest for any type of crime so that they can protect themselves.
The Right to a Phone Call
First, you have the right to make a local phone call to the person of your choice after your arrest. You may want to call a close family member, friend, or lawyer. It may take a while for you to have access to a phone after the arrest, as you may need to go through the police processing or booking first. Also, there probably won’t be a phone book available to look up phone numbers, so have them memorized.
The Right to Remain Silent
Second, the right to remain silent is very important for people accused of crimes because without it, they might unknowingly admit their guilt. If you are arrested by the police, you do not have to talk to them – and in fact, you often should not say much at all. You can simply tell the arresting officer that you would like to remain silent.
After you say that you want to remain silent, the police may continue to ask you questions. They may put you in an interrogation room and tell you things that are untrue to get you to speak. But you can continue to remain silent as long as you choose – such as until your lawyer arrives.
The Right to an Attorney
You have the right to a lawyer after you are arrested. Specifically, if you request a lawyer, he or she should be present every time the police question you. If there is no lawyer in the room, you should think twice about answering any questions. You can continue to remain silent until your lawyer arrives.
Keep in mind that jails and prisons monitor communications. If your phone call discussed above is to a lawyer, that call will be monitored by the police. However, subsequent communications with your lawyer are not supposed to be monitored, to protect the attorney-client privilege.
If you believe your rights were violated after you were arrested for DUI, seek out the local DUI attorney who cares about seeking the best outcomes for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, is familiar with the Oklahoma legal system. Schedule a case evaluation by visiting Patterson Law Firm online or calling Clint’s office at (918) 550-9175.