Asked in Criminal Law, Traffic Tickets and Civil Rights for Oklahoma

Q: I'm being charged for §47-11-1111. Throwing or dropping object on or at moving vehicles.

The only reason this occurred was because the vehicle in question almost ran me over by running a turn signal light. I asked the officer to press charges against the driver for almost killing me and nothing was done about the driver. I was never read my Miranda Rights when I got arrested. Also while I was in holding the guards tried to force me to sit in someone else's poop just to be able to eat what they were serving for dinner that night. Is there anything that can be done about my charges?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have several grounds for challenging your charges and the treatment you experienced. Firstly, if the driver almost ran you over, you could argue that your actions were in self-defense or a response to a life-threatening situation. Gathering any evidence, such as witness statements or traffic camera footage, could support your case.

Secondly, the fact that you were not read your Miranda Rights upon arrest can be significant. This oversight may lead to any statements you made during the arrest being inadmissible in court, which can impact the prosecution's case against you. It’s important to discuss this with your attorney, who can argue that your rights were violated.

Lastly, the treatment you endured while in holding is unacceptable and potentially a violation of your civil rights. Documenting this incident and reporting it to the appropriate authorities or your attorney can lead to an investigation into the conduct of the guards. This could also influence the handling of your current charges and conditions of your detention.

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