Legal Question in Criminal Law in Oklahoma

Re: Miranda Rights

The failure of law enforcement officers to give an accused Miranda warnings is not automatically grounds for overturning a conviction. In order for Miranda warnings to be necessary two things are required: 1)the person must be in custody (not free to leave)and; 2) the police must ask the accused questions. Custody does not necessarily mean being in jail. Custody means a person is not free to leave police presence. Custody can be on the street, in a car, and of course, in jail. However, if a person is not in police custody and is answering questions, no Miranda warnings are required. Also, if a person voluntarily makes statements to the police without ever being questioned, Miranda warnings do not apply and the the statements can be used in court against the person.

It is alsmost never a good idea for anyone accused of a crime to speak to law enforcement without FIRST consulting with a criminal defense attorney. All too often, people confess to crimes without actually realizing what they have done. Frequently, the police will say, �Things will go better if you talk and help us out,� or �If you have nothing to hide, why do you want a lawyer?� or �We can�t help you if you lawyer up.� A person should never fall for these tactics. The police are not there to help the accused. They are there to find evidence of a crime. Everyone has the right to remain silent. They should use it.