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Drug Possession, PWIT, Trafficking

7016557469 — Thu, 20 Oct 2022 11:59:49 GMT

Understanding Drug Charges

Simple Drug Possession vs. Intent to Distribute vs. Trafficking

Oklahoma is among the strictest state in the nation when it comes to prosecuting drug crimes. The above three charges are typically what are filed by District Attorney’s offices. It is imperative to know and understand your specific charge, what the elements of that charge are, and potential punishments if convicted.

In Oklahoma, simple possession of a drug is considered a misdemeanor. This includes any type of drug. A misdemeanor could result in a maximum punishment of up to one year in a county jail. If there is an indication that the drug possessed is to be sold or otherwise distributed then you could be charged with Possession with Intent to Distribute (PWIT) which carries up to seven years in prison.

There are many indicators that could lead an officer to believe that the drug was intended to be distributed. For example, if a defendant is pulled over with five grams of methamphetamines in his pocket and nothing else, he would likely just be charged with simple possession. However, if there was also a digital scale in the vehicle, or there were multiple small empty baggies, or the meth was already in five equal size bags, this would make an officer believe the meth was intended to be distributed and the defendant would likely be charged as such. Any one of those examples could bring PWIT charge.

Trafficking essentially is the same as simple possession, except that the weight of that drug must exceed a certain threshold. For example, if less than 20 grams are found on a person, they would be eligible for a misdemeanor simple possession charge, however, if 20 or more grams of methamphetamines are found, a defendant would likely be charged with trafficking. The sheer amount of meth found is the indicator of intent to distribute. For methamphetamines, .01 grams is the difference between a misdemeanor simple possession charge and up to 20 years in prison. Every drug has a different weight threshold to be considered trafficking. Methamphetamines is the most common.

Punishment for trafficking varies depending on the number of times a defendant has been convicted of the charge as well as weight. First time trafficking offenders can be sentenced up to 20 years in prison with a fine of not less than $25,000 and up to $200,000. Anyone convicted of trafficking for their first offense must also complete at least 50% of their sentence. Second time offenders can be sentenced from four years to life and are not eligible for parole until at least 50% of their sentence is served. Third time offenders may be sentenced from a minimum of 20 years up to life, and are not eligible for parole until after 50% of the sentence is complete.

Aggravated Trafficking carries a minimum of 85% of any sentence imposed as well as minimum $50,000 and up to $500,000 fine. Aggravated Trafficking occurs when there is a large amount of drugs possessed. For example, to be charged with aggravated trafficking a defendant must have at least 450 grams methamphetamines. Each drug has a specific weight for aggravated trafficking.

Cook and Hilfiger attorneys are experienced when it comes to drug crimes. Contact Ben Hilfiger for aggressive representation that will seek the best possible outcome for your case.

Ben Hilfiger

Is Oklahoma a "Mother First" State?

Tue, 20 Sep 2022 00:27:33 GMT

When Determining Custody, Is Oklahoma A “Mother First” State?

Short answer: No. The court determines custody based on the best interest for the child. Fathers can feel defeated from the beginning of a custodial dispute due to this misconception. Mothers can feel they will win custody solely by being the mother. Oklahoma courts do not award custody to mothers based solely on their being the mother. Historically, a large percentage of custodial disputes may have ended in the mother’s favor, but times have changed. A father’s legal rights to their child is equal to the mother’s. In scenarios with multiple children of the same parents, the custodial dispute is determined within one case.

Judges make custodial determinations based on the best interest of the child. It is presumed that the best interest of the child is to have equal time with both parents. It is the parents’ actions and livelihood that the judge uses to determine whether or not a parent should have less than equal time with the child. Each person will have an equal opportunity to provide the court their case.

This does not mean that the court will automatically give both parents equal visitation time with the child. It simply means that the court will assess the case as a whole. Specifically, the court will look into the lives of the mother and father, then determine the best custody and visitation situation for the child. Attorneys provide the court evidence showing each of the parents’ ability (or inability) to be a fit and proper person to care for the child.

People may rely on Oklahoma Statute 10 O.S. 2011 § 7800 which states, “Except as otherwise provided by law, the mother of a child born out of wedlock has custody of the child until determined otherwise by a court of competent jurisdiction.” This statute applies to a child’s custody situation at birth for an unmarried mother. Once a father establishes that he is the father then he will have equal rights to the child. Neither party is guaranteed to win or lose a custody dispute based on their being the mother or father.

Custody disputes are complex and emotionally draining. It is important to hire an attorney to help navigate the process for you. Call Ben Hilfiger or Parker Wilkerson at Cook and Hilfiger Law Office for a free consultation.

Cook and Hilfiger Law Office

918-683-4445

ben@cookhilfiger.com

parker@cookhilfiger.com

Modifying Your Divorce Decree

Sun, 29 May 2022 18:10:21 GMT

Modifying Your Divorce Decree

Finalizing a divorce decree is the final step to end a divorce. However, it may not necessarily be the final word on the married couple’s legal obligations. This is especially true in divorces with minor children. Circumstances often change. People remarry, move, and change employment. People develop drug habits, develop illnesses, get charged with crimes, and become unable to care for minor children.

Decrees are designed to be default guidelines for when parents disagree on an issue. The decree should be something they can look at to determine how to resolve an issue. However, if circumstances have changed such that the decree does not provide clear answers then the parties should look to modify the decree. The Oklahoma laws on divorce decree modification account for situations described above so a couple can modify a decree if there is a change in one, or both, of the party’s circumstances. The first step is to identify a “material and substantial change in circumstances.” A material and substantial change could be a change in one of the above listed circumstances but is not limited to that list. Once this is identified then the court is able to alter a divorce decree. The parties to a divorce can either come to an agreement on how to modify the decree or they can have a trial.

When the parties agree on what the modification should be, an Agreed Order can be drafted and entered. However, if the parties cannot agree to an Order, then a trial is necessary. Trials require a lot of time and work. Each party will present their story to a judge who will then make a determination as to whether and how to modify a divorce decree.

Attorneys are absolutely necessary during the modification process. Attorneys at Cook and Hilfiger understand that some items which may seem insignificant to outsiders are really extremely important to a person seeking to modify a decree. We are here to help you get the modification you desire and deserve.

Ben Hilfiger

May 29, 2022

Criminal Law Probationary Sentences

Sat, 05 Mar 2022 02:31:13 GMT

Criminal Law Probationary Sentencing

A typical, and one of the preferred outcomes for a criminal case is referred to as a deferred sentence. This is where the court in essence offers the defendant an opportunity to complete probation under certain conditions. If the defendant can do so successfully, then after the specified time period, if all of the conditions are met, the court will dismiss the charged offense. The conditions are negotiated between the defense attorney the district attorney. They can be, but are not limited to, requirements such as fines, an alcohol and drug assessment, restitution, monthly check-ins, drug testing, parenting or AA/NA classes, among others.

Additionally, the defendant can receive a suspended sentence. Like a deferred sentence, suspended sentences result in a defendant being on probation for a specified time period with certain conditions to complete. However, the difference is that in a suspended sentence, from the moment they are sentenced, they are guilty of the offense and have a conviction on their record. Similar to a deferred sentence, a defendant that accepts a suspended sentence must comply with certain conditions during the probationary period. Once the probationary time period passes, and depending on the charge, a defendant can look to have the charges expunged and taken off their record, but they will not be dismissed. Otherwise, they are still convicted on the charged offense.

A defendant can also be sentenced to more intense forms of probation instead of prison time. These forms of probation include Drug Court, Mental Health Court, and Community Sentencing. Drug Court focuses on a defendant’s drug or alcohol addiction. It requires certain treatment options that would be tailored differently for each person. Its ultimate goal is to get the person sober and give them the tools necessary to remain sober when the probation period ends. Mental Health Court is similar to Drug Court in that it focuses on beating drug addiction. However, it also focuses on individuals that have mental health concerns. A person involved with Mental Health Court will attend weekly group and individual therapy sessions. They will learn coping skills that teach them the importance of consistent management on their own mental health. Community Sentencing focuses on the individual and has available many different treatment options. These options allow for the coordinator to tailor conditions of probation specific to each individual.

Having legal representation from the beginning is essential to receiving the best possible outcome when charged with a crime, regardless of whether it is a misdemeanor or a felony. If you or anyone you know needs more information, please call or email Parker Wilkerson at Cook & Hilfiger to schedule a free consultation.

Parker Wilkerson, Attorney at Law

(918) 218-2817

parker@cookhilfiger.com

Criminal Law: Domestic Assault and Battery Defined

Tue, 03 Nov 2020 21:23:00 GMT

Criminal Law: Domestic Assault and Battery Defined

A common scenario is when two parties get into an altercation. Party ‘A’ calls the police on party ‘B.’ The police arrest ‘B.’ After some time passes, ‘A’ decides they no longer want to pursue the charges. ‘A” then requests to the district attorney to dismiss the case, but the case continues to move forward. A common misconception is that a victim can “drop the charges” by telling the district attorney they no longer wish to pursue the case. This is incorrect because the district attorney decides whether to pursue or dismiss a case, not one of the parties involved.

Domestic assault and battery is one of the most common charges filed. It is filed when the State acquires evidence of an assault and battery upon a person who falls into a specific category in relationship to the defendant. This could be a current or former significant other, or it could be a family or household member. These are often highly emotional cases because the parties have a close relationship with each other.

In short, assault is an unlawful attempt to hurt another person. While battery is an unlawful use for force to hurt another person. In Oklahoma, a person who is charged with Battery will also be charged with Assault, but not necessarily vice versa. Assault and Battery become “Domestic” when the victim falls into one of the above categories. The punishment for domestic abuse assault and battery, for a first-time offense, can be up to one year in the county jail. The punishment for a second or subsequent offense can be up to four years in the Department of Corrections. Probation can also be an alternative to incarceration for these types of charges.

Having legal representation from the beginning is essential to receiving the best possible outcome when charged with a crime. If you or anyone you know needs more information, please call or email Ben Hilfiger at Cook and Hilfiger to schedule a free consultation.

Ben Hilfiger, Attorney at Law

(918) 218-2817

ben@cookhilfiger.com

SEX CRIME ALLEGATIONS: GUILTY UNTIL PROVEN INNOCENT.

Tue, 03 Nov 2020 21:07:00 GMT

SEX CRIME ALLEGATIONS: GUILTY UNTIL PROVEN INNOCENT

The harsh truth about sex crimes is the public assumes guilt from the beginning. The phrase “innocent until proven guilty” afforded to all criminal defendants, is immediately destroyed when charged with a sex crime. Assuming a person is guilty based solely from the government’s accusation is the exact opposite of what the framers of the Constitution intended when creating the phrase. Unfortunately, this is the reality in which we live.

A person charged with a sex crime, innocent or not, will often have their reputation destroyed because of the accusation. Avoiding prison time or getting the case dismissed from prosecution will not eliminate the hovering black cloud even though some allegations are fabricated due to vengeance or even to get the upper hand in a custody dispute.

A person accused of a sex crime will often try to clear their name by going to social media or talking to the police. These can be extremely harmful to your reputation as well as your court case. The police will gladly talk to you, but it is extremely important to know that they are talking to you to gain evidence against you. Charging defendants with crimes is their job.

If you or someone you know have been accused of a sex crime, the first step to take is to contact an attorney. The stress that accompanies a serious crime of this nature can be greatly relieved by knowing an attorney is on your side, guiding you through the process. Contact Ben Hilfiger at Cook and Hilfiger to schedule a free consultation.

Ben Hilfiger, Attorney at Law

(918) 218-2817

ben@cookhilfiger.com

State Dismissing Criminal Cases if Victim or Defendant are Indians

Tue, 03 Nov 2020 21:04:00 GMT

State Dismissing Criminal Cases if Victim or Defendant are Indians

If the State filed charges and the defendant or victim is an Indian, and the crime occurred on an Indian Reservation, the case must be dismissed. If the defendant already pled guilty or was found guilty at trial, the defendant can have the convictions vacated.

If you are an Indian and have an open case or a past conviction, you may be able to have your case dismissed. The State of Oklahoma cannot prosecute a case where the defendant or victim is an Indian if the crime occurred on an Indian reservation. On July 9, 2020, Supreme Court Justice Neil Gorsuch issued an opinion from the United States Supreme Court (McGirt v. Oklahoma) that turned the criminal prosecution world in Eastern Oklahoma upside down. This opinion decided an issue concerning the Muscogee (Creek) Nation and whether their land is an Indian reservation. It stated that the Muscogee (Creek) Nation is still an Indian Reservation. Gorsuch wrote that this land is and always has been an Indian reservation. The opinion only concerned the Muscogee (Creek) Nation, however the Oklahoma Court of Criminal Appeals ruled that the Cherokee Nation and the Chickasaw Nation are in the same position. The remaining two tribes of the Five Civilized Tribes (Choctaw and Seminole) are expected to follow suit.

What does this mean? It means that a state court does not have the ability to prosecute cases involving Indians if it occurred on an Indian reservation, such as the Muscogee (Creek) Nation, Cherokee Nation and the Chickasaw. The Muscogee (Creek) Nation covers eight counties: Creek, Tulsa, Wagoner, Muskogee, Okmulgee, Okfuskee, McIntosh, and Hughes. The Cherokee Nation covers Tulsa, Washington, Nowata, Rogers, Craig, Mayes, Ottawa, Delaware, Adair, Cheroke Muskogee, and Sequoyah Counties. Chickasaw Nation covers Grady, McClain, Stephens, Garvin, Pontotoc, Murray, Carter, Johnston, Jefferson, Carter, Love, and Marshall Counties. However, it is expected that the remaining two tribes that comprise the Five Civilized Tribes will be found to still be Indian Reservations. This will cover almost the entire eastern half of Oklahoma.

If you have an open case or have a past conviction and an Indian was involved in the matter (defendant or victim), the State of Oklahoma did not have the ability prosecute the matter if it occurred on an Indian reservation. If you think you or someone you know falls in this category, please call or email Ben Hilfiger at Cook and Hilfiger to schedule a consultation.

Ben Hilfiger, Attorney at Law

(918) 218-2817

ben@cookhilfiger.com

How to Enforce Visitation

Thu, 06 Aug 2020 20:40:00 GMT

How to Enforce Visitation

Everyone deserves the chance to see their children. In the majority of all custody cases, both parents receive some form of visitation. Even once custody lines have been drawn, there can still be a level of contention between parents. But what happens when the other parent prevents you from seeing your kids? This is a serious situation that needs to be handled with legal assistance. Here is what you can do to enforce visitation no matter how difficult your ex may be.

1. Is There Already an Agreement in Place?

First things, first. You need to be aware if there is an actual custody agreement already in place. If so, what does the visitation schedule look like? You would be surprised how many exes fight over visitation times because neither has a full understanding of the existing agreement. Some visitation schedules are more complicated than others.

2. Establish a Court-Ordered Agreement

If no current custody plan is in place, then it’s time to establish a court-ordered agreement. This not only spells out just what the terms are, but it is also enforceable. Court-ordered agreements don’t allow for exes to make up their own rules about visitation.

3. Enforce the Agreement

What if you have a custody arrangement and your ex is still preventing visitation? Now is the time to legally enforce it. Don’t indulge in nasty fights with your ex, or any other behavior that could be questioned by authorities. You want to enforce your visitation legally, either by motion, contempt, or writ of habeas corpus. Always consult the advice of your attorney when enforcing custody agreements.

4. Take Notes

If your ex is preventing you from seeing your kids, you need to do your homework to be reunited with them as soon as possible. First, you need to document any and all communication you do have with your children whether by phone, email or in person. Additionally, only speak with your ex through written communication going forward. You want to be completely transparent. Compile notes of how long this has been going on, how often and how many times you’ve been declined visitation and the reasons why it was declined. Lastly, include what actions you have taken before hiring an attorney.

5. Hearing with a Judge

Once all of the above steps have been taken care of, you may need to schedule a hearing with a judge. Hopefully, you and your ex can reach an amicable agreement before it comes to this, but if not, a judge will enforce a visitation schedule for you and your children.

Sharing a child with someone can be a joy or it can be a complete headache. Reduce the amount of stress for you, your ex and your child with a court-ordered custody agreement. And if that still fails, know that there are legal steps you can take to enforce visitation and that the right attorney can help make it happen.

In a Divorce, Who Gets What Property

Mon, 11 May 2020 21:54:00 GMT

In a Divorce, Who Gets What Property?

Property in a divorce can be divided into two different categories: Marital/Joint Property, and Separate Property. During the divorce proceedings, the court will identify in what category each property should be placed. The court will divide marital property and then award separate property to its owner. The division of marital property must be equitable, keeping in mind that equitable means fair, not necessarily equal.

Separate property includes property acquired by one of the spouses prior to marriage; property acquired by one of the spouses by gift during the marriage; property acquired by one of the spouses during the marriage through inheritance; and property acquired in exchange for separate property, unless it changes character through transmutation.

Marital property is determined at the time of divorce and is property acquired by the parties during the marriage. Separate property can become marital property during the marriage through transmutation or commingling. Transmutation is when a court determines that certain property changed its character. This happens when the owner of separate property jointly titles the property with their spouse or adds a spouse onto a bank account. Commingling exists when property is said to lose its identity and cannot be traced. Examples of commingling include when spouses use their separate money together to purchase a joint piece of property, or when a spouse deposits their inheritance into the joint checking account. If the court finds that a certain property is marital property, but is titled in only one name, the court can still equitably divide the property among the parties. Indeed, a spouse may be awarded property that is titled solely in the name of the other spouse.

The court considers many factors when considering equitable division, including: the contribution of each spouse to the acquisition of the property; the needs of the children are considered, but the needs of the parties are not a factor; marital misconduct is not a factor; and the court will also consider negatively when a party is caught hiding an asset(s), such as a secret bank account. If one of the spouses is a homemaker, the court will consider that as contributing to the marital estate, even if they are not employed outside the home.

When the court considers these factors to equitably divide the property, their decision is final. The judge’s final order determines who gets each property. For some, this is the only way to complete the divorce. However, for others, coming to an agreement on property division on their own is more beneficial. This can be done by the parties themselves, their attorneys, or through a mediator. When parties agree on property division the process can be much shorter and cheaper than going to trial.

Call Attorney Ben Hilfiger at Cook and Hilfiger Law Office for more advice or to represent you in your divorce. (918) 218-2817

Ben Hilfiger

May 11, 2020

Criminal Law: Possession of Drugs??? – But it Wasn’t on Me!!!

Mon, 16 Mar 2020 21:03:00 GMT

Possession of a controlled dangerous substance (CDS) is one of the most highly filed charges in Oklahoma. An often-heard response from a defendant to the charge of Possession of CDS is that the drug was in someone else’s pocket or possession. Oklahoma does not require for a person to have actual physical control of a drug to charge that person with Possession of CDS. Instead, the statute (63 O.S. § 2-402) is much more broad. Possession of CDS can also be proven by showing that someone knew of the CDS’ presence and had the power and intent to control its use.

Often, defendants will be charged with Possession of CDS when they are near the substance such as at a friend’s house or in another’s vehicle. The Oklahoma Court of Criminal Appeals has held in multiple cases that the mere presence of CDS is not sufficient proof to convict a defendant with Possession of CDS. The State must also prove that the defendant knew of its presence as well as the control and dominion over the CDS. In other words, for the State to convict someone of Possession of CDS, they must prove that the defendant knew of the CDS’ presence, had some sort of control over the CDS, and intentionally possessed the CDS.

In Oklahoma, the penalty for Possession of any CDS is considered a misdemeanor which carries a penalty of up to one year in jail and up to a $1000 fine. This is good news for anyone charged with Possession of CDS because until recently, the penalty was a felony. However, if you are found to have any amount of CDS in your possession, Possession with Intent to Distribute is another charge you could potentially receive, which is a felony. Possession with the Intent to Distribute is a fact-based analysis based on the circumstances surrounding the CDS found at the time of arrest. For example, if you were to be caught with any amount of CDS and it was in individual packages equally weighted, you likely would be charged with Possession of CDS with Intent to Distribute.

Ben Hilfiger

March 16, 2020

Family and Divorce Law: Child Support Modification

Mon, 16 Mar 2020 20:30:00 GMT

When a divorce involving minor children becomes final, one party typically ends up paying child support to the other. In Oklahoma, the Oklahoma’s Child Support Guidelines are used to calculate the amount one part should pay to the other. I won’t bore anyone with the details, but many different factors are considered such as income of the parties, type of care needed for the children, the number of children, predivorce standard of living (for high income cases), and many more.

Child support can be modified only when one party can show that there has been a material change in circumstances. A material change in circumstances include a substantial increase or decrease in income of one or both parties and/or substantial change in the needs of a child, or combination of both. If there are multiple children, then a child reaching 18 years old would also constitute a material change in circumstances, but may not automatically modify the order.

An order to modify child support takes effect on the date the motion is filed. The modification cannot be modified retroactively. This means that when a party does not learn of the opposing party’s material change in circumstances until a few months or years have passed. The party cannot look back and try to recover money. At this point, it is in their best interest to file a motion to modify as soon as possible.

If you believe that there has been a material change in circumstances, call Cook and Hilfiger immediately to have a Motion to Modify filed on your behalf.

Ben Hilfiger

March 16, 2020

Family and Divorce Law: The Battle for Your Children

Mon, 16 Mar 2020 20:27:00 GMT

Divorce and separations are expensive, stressful, and emotionally taxing on everyone. The stakes are raised whenever children are thrown into the mix. This is where a majority of the time and expenses are incurred, when the parties are fighting for every possible second they can get with their child(ren). One thing that can alleviate some of these stressors and expenses is to develop an understanding as to exactly what options they have when this arduous process begins.

In actions for divorce and/or legal separation, custody of a minor child can be awarded to the party(ies) as either sole custody to one parent, joint custody, or split custody. This awarded custody can be legal and/or physical. It is important to note that legal custody is the power to make important decisions such as education, religion, and medical care. Physical custody is the physical care and control of the child(ren).

Sole custody is where one party is awarded both legal and physical custody, and the noncustodial parent is typically awarded visitation (liberal or restrictive depending on the circumstances). Whereas, joint custody involves the parents sharing of some or all of the aspects of legal custody and/or physical custody. Split custody refers to an award of custody of one or more children to each parent. The court’s paramount consideration when awarding custody of a child is the best interest of the child(ren) . The court will consider numerous factors including the mental and physical welfare of the child before making its decision.

If, after a divorce decree has been filed, a party wants to change the current custody situation in their life, they are able to do so by filing for a modification the divorce decree. In order to modify the decree, they must prove that there is either newly discovered facts from which the judge made his original decision or there is a material change of circumstances which negatively affects the child and modifying the decree will serve the child’s best interest. For a material change, the party seeking change must show that a substantial change in conditions exists which affects the child’s best interests as well as the mental and physical welfare of the child would be better off if custody is changed.

This is only a brief glimpse into this vast, andpotentially complex area of law. If you would like to obtain legal advice whichpertains to your specific circumstances, please contact Cook and Hilfiger at (918) 218-2817.

Ben Hilfiger

March 16, 2020

Criminal Law: You Just Got Arrested, Now What? Keep Quiet & Call Your Lawyer

Mon, 16 Mar 2020 20:24:00 GMT

“I want to remain silent and I want to talk to an attorney.” This is the key phrase everyone should use upon arrest. Remembering to use this exact phrase upon arrest will greatly benefit your situation. Knowing what to do when you get arrested begins by knowing that you have in fact been arrested or are in custody. The common assumption is that being questioned in a police station or placed in hand cuffs indicates that you are in custody. However, this may not be the case. Being taken into custody simply means that you are not free to leave a situation where an officer is questioning you. This could be anywhere and at any time as long as the officer has a reasonable belief you committed a crime. If you are free to leave the officer’s presence then you are most likely not being detained and, therefore, not in custody. If you are in custody, and not free to leave, it is important to know two quintessential rights: (1) the right to remain silent; and (2) the right to an attorney.

When arrested, officers are obligated to inform arrestees of: (1) their right to remain silent; (2) their right to an attorney; and (3) that anything they say can and will be used against them in court. These are your Miranda Rights. Understanding what these rights mean and how to utilize them could be the seminal factor as to the disposition of you case.

The right to remain silent is not invoked simply by remaining silent while law enforcement officers ask you questions. In order to invoke the right to remain silent, you must expressly, unambiguously, and unequivocally state that you do not wish to speak to law enforcement. Once you have informed the officers that you have invoked your right to remain silent, then you must remain silent. Failure to remain silent could be taken as a waiver of your constitutional right. If you begin to speak to the officers once again about the alleged crime that you may or may not have committed, law enforcement could begin using your statements as evidence. Remaining silent includes not talking to friends, family, law enforcement, and other inmates about the facts and circumstances of the alleged crime for which you’ve been arrested. Any information you divulge could very easily find its way back to prosecuting attorneys and be used against you in court.

After invoking your right to silence, the next (and only) thing you should say is that you want to talk to a lawyer. Once you invoke your right to an attorney, officers should stop questioning you immediately or risk losing key pieces of evidence in their investigation. You will be given an opportunity to contact an attorney by law enforcement. If you cannot afford one, then you will be appointed a public defender. Lastly, it is important to remember that calls from the police station are being recorded, so if you don’t want anyone to hear what you have to say over the phone, don’t say it. Criminal defense attorneys protect your Constitutional rights. Having an attorney with you will help ensure that no one will infringe on any of your legal rights.

It is important to remember that law enforcement officers are trained to collect evidence. They collect evidence and make reports in order to help prosecutors gain convictions, not to help defendants get acquitted. One of the best ways for officers to do this is to ask questions of the people they suspect committed the crimes. Remaining silent and exercising your right to an attorney will limit the amount of evidence an officer can gain from you. If you are unsure whether you are in custody and should invoke your Constitutional rights, simply ask the officer if you are free to leave. If they tell you that you are not free to leave then you are in custody and your next statement should be: “I want to remain silent and I want to talk to an attorney.”

Ben Hilfiger

March 16, 2020