The Ritchie Law Firm represents people in Oklahoma who have been charged with crimes and are facing criminal prosecution. The Ritchie Law Firm is located on the outskirts of the Tulsa, Oklahoma metropolitan area in the City of Pryor. The Firm represents criminal defendants in criminal prosecutions in the primary geographical locations of Tulsa County, Creek County, Rogers County, Craig County, Delaware County, Mayes County Cherokee County, Muskogee County, Wagoner County, and Sequoyah County.
Where the alleged crime has not been committed in the presence of a law enforcement officer the first phase of a criminal case begins with an investigation of a report from someone that a crime has been committed. In this activity law enforcement is attempting to gather evidence to determine if a crime has been committed and who committed the crime. It often involves taking statements from witnesses and interviewing possible suspects as well as gathering physical evidence. When a suspect is being interviewed it is a very critical point in time for that person. The suspect cannot be forced to participate in questioning and is almost always best advised to remain silent. The suspect can legally terminate the questioning any time he chooses by just telling the officers he does not want to participate and is leaving and then doing so. If law enforcement takes the person into custody, refuses to let him leave, or confines him in any way the person is well advised to ask for an attorney and say nothing else. Once the right to an attorney has been claimed the questioning should stop but if it does not the only thing to be said is to repeat the request for an attorney or be released and nothing more. Written statements should not be made. The best advice is typically just to demand an attorney or to be released.
When a person is taken into custody by the police/law enforcement for arrest on a charge he has been immediately placed in a very dangerous position and how he conducts himself will have critical affects on the later outcome of his case. Law enforcement does not have to read the defendant his "rights" otherwise known as the "Miranda Warning" when he is taken into custody. This is a very common misconception held by the public. The obligation to read the defendant his "rights" or issue the "Miranda Warning" only applies to rules of "In Custodial Interrogation". Generally stated before a person who is "in custody" may be questioned he must be informed of his rights to an attorney and that he cannot be compelled to answer the questions asked him by law enforcement. If this rule is broken it does not mean the Defendant gets to go free. It does mean that the statements made to law enforcement cannot be used as evidence against him in a trial. The person taken into custody is well advised not to say anything and not to give any written statements. Typically the best course of action is to ask for an attorney and say nothing else.
Anyone who is charged with a crime should immediately seek to obtain legal representation by an attorney. If you or a friend or loved one has been charged with a Crime the attorneys at The Ritchie Law Firm welcome the opportunity to visit with you about your questions.
The information in this site is for general informational purposes only and may not be considered legal advice.