Unlocking Justice: Appeals in Oklahoma
Can a Confession I Provided to Law Enforcement Be Excluded from a Trial against Me in Oklahoma?
In Oklahoma, the admissibility of a confession provided to law enforcement in a trial depends on whether it was deemed to be involuntary. Under the 14th Amendment of the U.S. Constitution, if a confession is determined to be involuntary, it cannot be used against the defendant at trial, nor can the fruits of that confession. Factors such as coercive conduct, the will of the suspect, age, education level, and physical and mental condition of the suspect are considered in determining the voluntariness of the confession. It is important to note that if a confession is determined to be involuntary, the fruits of the crime cannot be used against the defendant in trial either. Seeking legal advice is crucial if you believe your confession was not voluntary. Read more »
Can I Be Arrested and Convicted for an Outstanding Warrant That Is Several Years Old in Oklahoma?
In Oklahoma, individuals with outstanding warrants that are several years old may still face arrest and conviction. However, there is a possibility to motion for the dismissal of the case based on the right to a speedy and public trial, as stated in the 6th Amendment of the U.S. Constitution. When considering a motion to dismiss, the court will assess four factors: the length of the delay, the reason for the delay, when you assert your right, and the prejudice to the defendant. If the court determines that the case should be dismissed, it will be done so with prejudice, prohibiting the state from charging you again. If you suspect you may be in this situation, it is crucial to consult with an attorney to explore your options. Contact our firm for a free and confidential consultation. Read more »
Can I Keep Statements That I Made to the Police Out of Court if I Was Not Mirandized in Oklahoma?
In this blog post excerpt, Oklahoma City Attorney Aaron Easton discusses the implications of not being Mirandized by the police when making statements. He explains that according to the Miranda v. Arizona decision, if law enforcement fails to provide you with your Miranda rights during a custodial interrogation, any incriminating statements you made cannot be used against you in their case in chief at trial. However, they can still use those statements to impeach you if you testify differently at trial. Easton also highlights the importance of understanding the nuanced rules regarding the admissibility of statements, especially when they lead to physical evidence of the crime. He advises readers to consult an attorney for personalized advice. Read more »
How Do You Invoke Your Miranda Rights in Oklahoma?
In this blog post excerpt, attorney Aaron Easton discusses how to invoke your Miranda rights in Oklahoma. He explains that in order to invoke the right to remain silent, you must make an explicit, unambiguous, or unequivocal request to remain silent. Simply remaining silent is not enough, as police can continue to ask you questions. Easton emphasizes the importance of clearly conveying your wish to remain silent to law enforcement. Similarly, to invoke your right to an attorney, you must make it unambiguous and obvious. Easton warns against making statements that may be interpreted as uncertain or hesitant. He concludes by advising readers to consult an attorney if they believe their Miranda rights have been violated. Read more »
When Does Law Enforcement Have to Provide You Your Miranda Rights in Oklahoma?
In this blog post, Oklahoma City Attorney Aaron Easton discusses when law enforcement is required to provide Miranda rights in Oklahoma. He explains that there are two components to this requirement: custody and interrogation. Easton defines custody as being under formal arrest or feeling like you are not free to leave. He then describes interrogation as any questioning or conduct by law enforcement that is designed to elicit incriminating statements or can reasonably lead to such statements. Easton emphasizes the importance of speaking with an attorney if you believe you should have been read your Miranda rights or if you are a suspect in a crime. Contact information for his firm is provided for further assistance. Read more »
Where Do the Miranda Rights Come From?
In this blog post, Oklahoma City Attorney Aaron Easton provides an insightful explanation about the origins and meaning of Miranda rights. He starts by reminding readers of the familiar Miranda warnings and highlights the importance of understanding them fully. Easton then delves into the 1966 U.S. Supreme Court case, Miranda v. Arizona, which established the need for law enforcement to explicitly provide suspects with their rights. However, he clarifies that the actual derivation of these rights comes from the United States Constitution. The right to remain silent and the right against self-incrimination are derived from the Fifth Amendment, while the right to an attorney is derived from the Sixth Amendment. Easton emphasizes the significance of seeking legal advice and provides contact information for his office. Read more »
What Happens at a Preliminary Hearing in Oklahoma?
In Oklahoma, a preliminary hearing is a crucial step for those facing felony charges. Aaron Easton, a reputable Oklahoma City attorney, explains that this hearing is not a mini-trial, but rather an opportunity for the state to prove to a magistrate judge that there is probable cause that a crime occurred and that the defendant is responsible. The bar for the state is relatively low, as they only need to show a higher level of suspicion compared to reasonable suspicion. Additionally, the state has the presumption that their case will strengthen after the preliminary hearing. If the court finds probable cause, the defendant will be bound over for trial, emphasizing the importance of obtaining strong legal representation early on. Read more »