Being arrested can be overwhelming, confusing, and frightening—especially if it’s your first time facing the criminal justice system. Whether you’re facing a misdemeanor or felony in Tahlequah or anywhere in Cherokee County, what you do immediately after an arrest can significantly affect your case.
Here’s what you need to know about protecting your rights and navigating the early stages of the criminal process in Oklahoma.
Stay Calm and Exercise Your Right to Remain Silent
If you are arrested, the police must inform you of your Miranda rights, including your right to remain silent and your right to an attorney. Take this seriously. You should:
- Stay calm and avoid arguing with the police
- Politely decline to answer questions without a lawyer present
- Avoid making statements that could be used against you later
Remaining silent is not an admission of guilt—it’s a smart legal strategy.
Do Not Consent to Searches
Without a warrant, the police must either rely on specific legal exceptions or your consent to search your property. If officers ask to search your car, home, or belongings, you have the right to say no. Refusing consent may help your attorney challenge the legality of the search in court later.
Ask for a Criminal Defense Attorney Immediately
One of the most important steps after an arrest is asking for a qualified criminal defense attorney. Whether you face charges in Tahlequah Municipal Court or Cherokee County District Court, an experienced lawyer can:
- Review your arrest for constitutional violations
- Represent you at your initial arraignment
- Request bail or argue for a bond reduction
- Begin building a defense before charges escalate
Early legal advice can often make the difference between a dismissal, a reduced charge, or a conviction.
Understand the Charges and Court Process
After your arrest, you’ll typically appear before a judge within a few days for an arraignment. During this hearing, you will learn the charges against you, and the court will determine conditions of your release, including bail.
If the court releases you on bond, make sure you:
- Appear at every court date
- Stay in contact with your attorney
- Avoid new arrests or violations of your release conditions
Your case may proceed to preliminary hearings, plea negotiations, or trial depending on the severity and type of offense.
Build a Defense Strategy Early
Your defense begins long before trial. A skilled criminal attorney can examine police reports, gather evidence, interview witnesses, and file motions to suppress illegally obtained evidence. Common defenses may involve:
- Lack of probable cause
- Mistaken identity
- Illegal search and seizure
- Violation of Miranda rights
Every detail counts, and early preparation is key.
Tahlequah Criminal Defense Attorneys
If you’ve been arrested in Tahlequah, don’t wait to get help. The longer you delay, the more difficult it becomes to preserve evidence and protect your rights. At Kania Law – Tahlequah Criminal Defense Attorneys, we’ve helped countless individuals through arrest, arraignment, and trial. We are here to defend your freedom and guide you through every step of the process. For a free and confidential consultation with one of the Criminal Defense Lawyers at Tahlequah Lawyers call 539-867-2321. Or follow this link to ask an online legal question.