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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.

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.

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.

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.

In Oklahoma, the rights and presumptions you have during a trial, direct criminal appeal, and post-conviction process differ significantly. During a trial, you are presumed innocent until proven guilty beyond a reasonable doubt. However, if you appeal your case to the Oklahoma Court of Criminal Appeals, you lose this presumption and now have to prove your innocence. In the post-conviction process, the court will not restore your presumption of innocence and will assume that both the trial court and the appellate court got it right. Another important right is the right to counsel, which is guaranteed at trial and on direct criminal appeal. However, if you reach the post-conviction stage, you will not be provided with post-conviction counsel, and you will need to hire a private attorney. It is crucial to understand your specific rights by consulting with an attorney.

Have you been arrested for a felony in Oklahoma? Wondering what the court process is like? Oklahoma City Attorney Aaron Easton is here to provide some insights. After being arrested, your first substantive hearing will be a preliminary hearing, where the state must demonstrate probable cause of your guilt. If the court determines probable cause exists, you will be formally arraigned on the charges and the pre-trial phase will begin. During this time, your attorney will collect evidence and build a defense. The process may end with a plea bargain or proceed to trial, where you have the right to a bench or jury trial. If convicted, you have the right to a direct criminal appeal. To protect your rights, contact a defense attorney as soon as possible.

Post-conviction relief in Oklahoma can be a complex and important legal avenue for those seeking justice after a conviction. Attorney Aaron Easton explains that the Oklahoma Post-Conviction Procedures Act outlines the process and potential outcomes. The court has the discretion to order an evidentiary hearing, a new trial, or to vacate the sentence based on the merits of the case and arguments presented. Successful applications often involve issues like the withholding of exculpatory evidence, violations of constitutional rights, or newly discovered material facts. It’s crucial to be aware of the time constraints for filing post-conviction relief, which will change starting in November 2022. For personalized guidance and assistance, it is advisable to consult with a knowledgeable attorney.