Arrested in Tulsa? What to Do in the First 48 Hours

Sep 30

2 min read

Updated: Oct 8

The hours after an arrest are when people do the most damage to their own cases. Usually not because they did anything, but because they are scared, they want to explain, and they don't know how the system works. Here is what matters in the first two days, for the person arrested and for the family trying to help.

Don't explain it to the police

You have the right to stay silent, and you should use it. Officers are allowed to tell you that talking will help you. It rarely does. Say you want a lawyer, then stop talking, politely, every time you are asked.

Assume every jail call is recorded

Calls from the jail are recorded, and prosecutors listen to them. One of the most common ways people hurt their own cases is by talking about what happened on a jail phone with a spouse, a parent, or a friend. Talk about bond, about getting a lawyer, and about practical matters at home. Nothing else.

Bond comes first

For most people, the first practical question is bond: how much it is and how to post it. For some charges, bond is set quickly. For others, the person has to see a judge before bond is set. When bond is higher than a family can manage, a lawyer can ask the court to lower it, which matters when someone is sitting in jail and missing work.

Don't talk about it anywhere else, either

Not on social media, not in text messages, not with coworkers. Anything you say or write can end up in front of a prosecutor or a jury, including messages you think are private.

Write down what you remember

Once you are out, write down everything you remember about the stop, the arrest, and what was said, and give it only to your lawyer. Details fade fast, and small ones, like what an officer said before asking questions or how a search happened, can decide motions later.

Get a lawyer before the first court date

The early stage is when a lawyer can do the most: asking for a lower bond, keeping you from making statements that hurt you, getting video preserved before it is overwritten, and opening a conversation with the prosecutor before positions harden. Waiting until the day of your first court appearance leaves all of that on the table.

If you are the family

Calling the jail over and over will not get anyone out faster, and you should not discuss the facts of the case with your loved one on the phone. What helps is finding out the charges and the bond amount, pulling together money for bond or a lawyer, and calling a defense lawyer who will pick up.

If someone you love was just arrested in Tulsa County or anywhere in northeast Oklahoma, call (918) 221-6190 or request a consultation. The first consultation is free, and you will talk with me directly.

This article is general information about Oklahoma criminal law, not legal advice for your situation.