When arrested for a felony crime, there is likely an influx of information provided to you by the officers placing you under arrest. As such, you may be overwhelmed and confused. Doing what you can to remain calm is critical to getting as much information as possible about your circumstances, such as whether there was a warrant out for your arrest or you were arrested on probable cause. If the latter reflects your case, it’s essential to understand what this means. Additionally, you’ll want to connect with an Oklahoma City felony defense lawyer to discuss the details surrounding your case and the potential defenses you can use.
What Is Probable Cause?
When arrested for a crime, usually it is under one of two circumstances – probable cause or there is a warrant out for your arrest.
In Oklahoma, when an officer has probable cause, it means there is a reasonable amount of suspicion supported by significant evidence to lead law enforcement to the conclusion that you have committed a crime and can place you under arrest based on these suspicions and the evidence supporting their beliefs. However, if there is a warrant out for your arrest, it means the police officers have submitted the evidence to the district attorney. If the district attorney determines there is enough evidence to charge you with a crime, they will present the evidence to a judge, who will sign a warrant granting the officers the right to make an arrest.
If arrested on probable cause without a warrant for your arrest, it’s possible that the district attorney, after reviewing the evidence against you, will not charge you with a crime.
Generally, if a police officer witnesses a crime or sees something that provides reasonable suspicion that a crime has been committed, they can use probable cause to explain why they did something without waiting for a search warrant. Under the United States Constitution, American citizens have protections from unreasonable searches and seizures. As such, the police cannot enter your home and look through your belongings without a warrant. However, if they arrive at your home and see drug paraphernalia behind you when you open the door, this would provide them probable cause to conduct a warrantless search. As such, the evidence they discover can support probable cause for an arrest.
Is It Possible to Fight This Claim?
When you are arrested on probable cause, enlisting the assistance of an experienced criminal defense attorney is crucial to doing everything possible to beat the charges against you.
Generally, the most common defense is that there was no probable cause present to warrant an arrest, meaning that the actions taken by law enforcement to detain you violated your Constitutional rights. However, proving this without an experienced lawyer can be incredibly difficult. Failure to obtain competent legal representation can lead to an unfavorable outcome.
If you are arrested and charged with a felony, you should contact the Jones Firm, PLLC, as soon as possible. We understand how devastating it can be to face charges, especially those that are unfounded. As such, we will do everything in our power to assist you during these challenging times. Reach out today to discuss your circumstances.