In Oklahoma, criminal defendants must review their rights with their attorney and determine what defense is most suitable for their charges. All defendants have access to a criminal defense based on the circumstances that surround the crime for which they were charged. A Tulsa Okla criminal attorney provides answers to common questions about these proceedings.
Do Officers have the Legal Right to Question You?
The officers must provide all criminal defendants with their Miranda Rights before the officers ask any questions. The catch 22 of this is that the officers are supposed to question defendants with their lawyer present; however, the officers will make attempts to get information anyway. It is up to the criminal defendant whether or not they answer any questions that the officers ask, but they are within their rights to remain silent until their attorney is there.
If a Case is Dismissed is It Removed from the Defendant’s Record?
No, if the case is dismissed this indicates that the defendant’s case is over, and they won’t face a conviction for the crime. However, the charge can still appear on the defendant’s record, and this could cause some issues for them when getting a job. The defendant will have to work with an attorney to get the charge expunged from their record.
Can Defendants Go Back to Jail When They are On Probation?
Yes, if the defendant violates the terms of their probation, they will be arrested and charged with the new crime. The state can revoke their probation, and they will face the full penalty of the original crime as well. However, the state must have irrefutable evidence of this violation and present this evidence in court.
Can Defendants Face More Charges After a Protection Order is Filed?
Yes, if the defendant doesn’t abide by the protection order, they can face more charges based on their actions. This includes any contact with the victim or any further assaults.
In Oklahoma, criminal defendants must acquire a proper defense to avoid a conviction, and the state must provide access to the evidence for the defendant’s lawyer. Criminal defendants that need assistance contact an attorney right now.