Before you can exercise your rights, you have to know them. Below is a listing of some of your most important rights:
1. You have the RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES. The Fourth Amendment protects you from unreasonable searches and seizures. You are not obligated to consent to a search. Instead, wait for law enforcement to produce a valid warrant before allowing a search. Once law enforcement provides a valid warrant, read it carefully, and ask if you can watch the search.
2. You have the RIGHT TO REMAIN SILENT. You are not required to talk to the police when questioned about a crime. The Fifth Amendment and the Miranda decision of the Supreme Court generally state that the Fifth Amendment protects the innocent man, as well as the guilty. You have no guarantee that if you make a statement to the police that it will not be tape recorded or videotaped. Do NOT discuss facts of an alleged crime with family members, friends, co-workers, spouses, children, your accountant, etc. There is no privilege to protect your statement to these persons, so exercise your right to silence.
3. You have the RIGHT TO BE REPRESENTED BY COUNSEL. The Sixth Amendment gives you the right to have counsel before giving any statements or submitting to questioning. If you cannot afford counsel, the court is required to appoint counsel to represent you. You should keep in mind that in Tulsa County and other counties, the court will not appoint counsel for you if you were able to bail yourself out of jail. The theory is that if you can afford to bail yourself out-of-jail, you should be able to afford to hire your own counsel.
4. You have the RIGHT TO A JURY TRIAL. You are entitled to a jury trial, unless you and the state (government) agree to a trial before the judge alone. Depending upon what you were charged with, a jury will consist of either six (6) or twelve (12) qualified members of the community.
5. You have the RIGHT TO DUE PROCESS. All people must be given the opportunity of a fair trial and/or fair proceedings. Certain rights, property, and/or privileges cannot be taken from you without due process of law.
6. You have the RIGHT TO EQUAL PROTECTION UNDER THE LAW. All persons, regardless or race, gender, religion, nationality or creed shall receive the same rights or protections under the law.
7. You have the RIGHT TO BE FREE FROM SUBSEQUENT TRIALS. This is also referred to as Double Jeopardy. If you are found not-guilty unanimously by a jury, you can never be tried for that same offense again.
