“You have the right to remain silent…anything you say can and will be used against you…”
This phrase is no doubt familiar to most, as the notion of “Miranda Rights” has been fully ingrained in our collective consciousness through pop culture. However, the protections of Miranda do not come into play anytime an officer merely attempts to question you. Two conditions must be met to necessitate an officer reading you your Miranda rights: first, you must be “in custody,” and second, the officer must be attempting to “interrogate” you. Both conditions are terms of legal art and require a working knowledge of the different factors and considerations that go into a determination of whether such conditions are met. If these two conditions are satisfied and the police do not inform you of your Miranda Rights, then your Constitutional rights have been violated. If you find yourself in such a situation, it is imperative that you retain an experienced Oklahoma criminal defense attorney to suppress any evidence the police obtained pursuant to the unconstitutional interrogation.