This article examines the Oklahoma state criminal process from start to finish. To this end, it is organized into sections, each of which gives a brief description of that particular stage in the process. For a more in-depth explanation of the Oklahoma state criminal process, or for an explanation of the federal process, contact an experienced Oklahoma criminal defense attorney, who can further explain what a defendant and his attorney in an Oklahoma criminal case will encounter, and how it differs on the federal level.
The Oklahoma state criminal process can be divided into 9 general stages:
1. The Pre-Arrest Investigation
A pre-arrest investigation is usually conducted by the police and the state prosecutor before the defendant and his or her attorney is ever notified that he or she is a suspect in a criminal investigation, unless the defendant has been questioned by police. If you have been questioned by the police or believe that you are a suspect in a criminal investigation, you should contact a criminal defense attorney as soon as possible to discuss your defense.
2. The Arrest
The arrest usually takes place when the police and state prosecutor believe that they have gathered enough evidence to convict you of a crime, whether they have completed their investigation or not. The U.S. Constitution guarantees several rights in the event that you arrested, among them is the right to be represented by an attorney. If you have been arrested on criminal charges in Oklahoma, you should exercise your constitutional rights and contact a criminal defense attorney as soon as you are allowed to do so.
3. The First Appearance
The first appearance is a defendant’s first appearance in court where the defendant is formally made aware of the charges against him. This is also the stage in which a defendant’s bail will be set, if it has not been done so earlier.
The defendant is expected to be represented by an attorney at this stage, unless he or she has waived the right to counsel. If you cannot afford an attorney, you can ask the court to appoint one to you.
To conclude the first appearance, the defendant will be given a new date to return to court to answer to the charges against him.
4. The Preliminary Hearing
A preliminary hearing will be held so that the state can prove that it has sufficient evidence to try the defendant for the crime as charged. If sufficient evidence is presented to the court, the case may continue to trial and even new charges may be announced. Likewise, the charges against the defendant may be changed or dismissed depending on the evidence presented.
The defendant has a right to be present at the preliminary hearing and to be represented by an attorney, who can question the state’s witnesses, call witnesses in the defendant’s defense, and file motions to suppress evidence.
If the state’s evidence fails to satisfy the court, the case may be dismissed.
5. The Arraignment
The arraignment is the first time a defendant in a criminal case enters his or her plea of guilty or not guilty. A defendant in a felony case is arraigned only if evidence presented at the preliminary hearing gave probable cause to try the defendant for the crime with which he or she is charged.
6. Motions Hearings
At this stage, the judge will rule on any motions that have been made by either the prosecution or defense; for example, to dismiss the case, to suppress evidence, and to motion for the production of the State’s evidence and any other motions made by either side in good faith. If the motions hearing does not result in a dismissal, the trial is the next stage in the Oklahoma state criminal process.
7. The Trial
All defendants in criminal proceedings in Oklahoma have a right to be tried by a jury of their peers. Defendants in a felony case will be tried by a jury of twelve members, while defendants in a misdemeanor case will tried by a jury of six to eight members.
At the trial, the state will be the first side to present evidence, during which the defense will be allowed to cross examine any witnesses the state calls to testify. After the state has rested its case, the defense will have an opportunity to present its evidence.
Once both sides have had the opportunity present their cases, each is allowed a rebuttal and closing argument, after which the judge will instruct the jury on how to arrive at a verdict in accordance with the law.
The jury must then be unanimous in finding the defendant “guilty beyond a reasonable doubt,” or it must find the defendant not guilty.
At this point, cases in which the defendant has been found guilty will proceed on to sentencing. Otherwise, a not guilty verdict will end the case at this stage.
8. Sentencing
For a defendant who is convicted of a crime for the first time, sentencing usually takes place immediately following the jury’s verdict. Otherwise, sentencing takes place in a separate court session, during which the judge will determine the final sentence within the boundary of the sentence recommended by the jury. This means that the judge is not allowed to go beyond the jury’s recommendation, but may suspend all or part of the sentence or order that the sentences for separate counts, upon which the defendant was found guilty, be served concurrently.
9. The Appeal
Once convicted, every defendant has the statutory right to appeal upon one or more of the following grounds:
- Legal or procedural errors
- Jury misconduct
- Prosecutorial misconduct
- Ineffective assistance of counsel
- New evidence
During the appeal, which can last anywhere between 10 to 18 months, the burden of proof shifts to the defendant, who must now prove that he or she is innocent of the crimes of which he or she has been convicted.
If the defendant is successful in his or her appeal, a judge of the appellate court may reverse, modify or affirm the trial court’s ruling or sentencing, or he may order that a new trial or sentencing take place with new instructions to the trial court to avoid the errors made in the original trial.
The state, on the other hand, is not allowed to appeal, unless the case is dismissed before going to trial, in which case the state prosecutor is allowed to appeal to the court to try the case. However, once the case has gone to trial, the state will have no right to appeal and a not guilty verdict, at any stage, will close the case permanently.
Free Consultation: Tulsa Criminal Attorney
When you are arrested, you have the right to an attorney at each stage of the Oklahoma state criminal process. The outcome of your case, and perhaps the rest of your life, may very well depend on the choice of attorney you make and how you are represented in court.
Tulsa Criminal Defense Law Firm is accustomed to fighting for clients who go to court not knowing whether they’ll walk out the front door or be escorted from court to jail.
Call us at 918-256-3400, or click here to use our online contact form.