Criminal Law Attorneys

Experienced Criminal Defense Attorneys

Cook & Hilfiger has represented defendants in over 400 criminal trials. Our vast knowledge of criminal services has helped individuals in municipal, state and federal courts. We represent persons charged with any felony or misdemeanor. Call our locally owned practice at (918) 218-2817 for a FREE initial consultation. Ask about a same-day consultation.

Representation for All Criminal Charges

You Were Arrested - Now What? Keep Quiet, Call Your Lawyer

“I want to remain silent and I want to talk to an attorney.” This is the key phrase everyone should use upon arrest. Using this exact phrase upon arrest will greatly benefit your situation. Knowing what to do when you get arrested begins by knowing you have in fact been arrested or are in custody. The common assumption is that being questioned in a police station or placed in handcuffs indicates that you are in custody. However, this may not be the case. Being taken into custody simply means that you are not free to leave a situation where an officer is questioning you. This could be anywhere and at any time as long as the officer has a reasonable belief you committed a crime. If you are free to leave the officer’s presence then you are most likely not being detained and, therefore, not in custody. If you are in custody, and not free to leave, it is important to know two quintessential rights: (1) the right to remain silent; and (2) the right to an attorney.

When arrested, officers are obligated to inform arrestees of: (1) their right to remain silent; (2) their right to an attorney; and (3) that anything they say can and will be used against them in court. These are your Miranda Rights. Understanding what these rights mean and how to utilize them could be the seminal factor as to the disposition of your case. 

The right to remain silent is not invoked simply by remaining silent while law enforcement officers ask you questions. In order to invoke the right to remain silent, you must expressly, unambiguously, and unequivocally state that you do not wish to speak to law enforcement. Once you have informed the officers that you have invoked your right to remain silent, then you must remain silent. Failure to remain silent could be taken as a waiver of your constitutional right. If you begin to speak to the officers once again about the alleged crime that you may or may not have committed, law enforcement could begin using your statements as evidence. Remaining silent includes not talking to friends, family, law enforcement, and other inmates about the facts and circumstances of the alleged crime for which you’ve been arrested. Any information you divulge could very easily find its way back to prosecuting attorneys and be used against you in court. 

After invoking your right to silence, the next (and only) thing you should say is that you want to talk to a lawyer. Once you invoke your right to an attorney, officers should stop questioning you immediately or risk losing key pieces of evidence in their investigation. You will be given an opportunity to contact an attorney by law enforcement. If you cannot afford one, then you will be appointed a public defender. Lastly, it is important to remember that calls from the police station are being recorded, so if you don’t want anyone to hear what you have to say over the phone, don’t say it. Criminal defense attorneys protect your Constitutional rights. Having an attorney with you will help ensure that no one will infringe on any of your legal rights.

It is important to remember that law enforcement officers are trained to collect evidence. They collect evidence and make reports in order to help prosecutors gain convictions, not to help defendants get acquitted. One of the best ways for officers to do this is to ask questions of the people they suspect committed the crimes. Remaining silent and exercising your right to an attorney will limit the amount of evidence an officer can gain from you. If you are unsure whether you are in custody and should invoke your Constitutional rights, simply ask the officer if you are free to leave. If they tell you that you are not free to leave then you are in custody and your next statement should be: “I want to remain silent and I want to talk to an attorney.”