How is a person Arrested in Oklahoma?
The criminal process in Oklahoma is started with an Arrest. There are essentially two possible ways in which one may be arrested with an arrest warrant or without. First, under certain situations law enforcement officers can make an arrest (or write you a ticket) without a warrant.
The other way to be arrested is with a valid arrest warrant that is signed by a judge. Arrest warrants are generally issued in one of two ways: by information or indictment. The “Information” is essentially a piece of paper which lays out the relevant factual situation and the offense for which the individual is charged and is accompanied by an affidavit attesting to the facts. This triggers a Judge to issue an arrest warrant and it is very simple for the prosecution to obtain an arrest warrant via Information. Second, and much more complicated, a grand jury indictment can serve as the basis for an arrest warrant. The multicounty grand jury is composed of random people who live within the counties or court districts involved and are generally picked from driver’s license information.
The grand jury has the power to return an indictment on the basis that when all the evidence before them, taken together, is such as in their judgment would, if unexplained or uncontradicted, warrant a conviction by a trial jury. Only nine participants in a multi-county grand jury in Oklahoma have to agree that an indictment should be returned. Grand Juries have enormous investigative powers, not only can they hear evidence of the prosecution and the accused, they can request evidence and issue subpoenas.
In either situation, an arrest warrant will be issued, and an individual may be arrested pursuant to the warrant. Otherwise, Generally speaking, the police can make an arrest without a warrant if:
- the police observe the person attempting or committing a crime, or
- a reliable informant provides reasonably sound information to the police regarding a felony crime and the person who committed that crime, and if time permits, the police verify the information, or if time does not allow, the police should be reasonably certain that the information is valid, or
- the time lost in obtaining a warrant would permit the perpetrator to escape or evidence to be lost, and
- the officer has probable cause for an arrest.
IMPORTANT! If you or a loved one has been arrested or might be arrested you MUST contact an attorney immediately! DON'T GIVE A STATEMENT NOR TALK TO THE POLICE. Learn about your rights, including your right to remain silent.
If you need an attorney to represent you for an arrest or pending arrest, contact us today or call 405-542-2529 (542-CLAW). Read more about our team, or continue reading and researching our free legal information library, or enter live chat.