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Preparing for your first criminal court date in Oklahoma? Learn what to expect and how to navigate the legal process effectively.
- Pre-Charge Investigation
- Arrest
- Initial Appearance/Bail
- Preliminary Hearing Conference
- Preliminary Hearing: Oklahoma Criminal Legal Process
- Arraignment
- Motions Hearing
- Trial
- Sentencing
- Appeal
Typically, this step was completed before a defense lawyer’s involvement. Regardless of whether the State’s investigation is complete, our investigation may turn up additional information that may be helpful to your defense and avoid the a charge ever being filed or may result in a dismissal. Even if you tell me that you are “guilty,” we may conduc...
Sometimes this is avoided if counsel is involved before the arrest. Most typically in state court actions, the arrest is made before the accused is aware he is a suspect or target of an investigation.
At the defendant’s first court appearance, he will simply appear to receive a copy of the charges and be given a new date to appear in court. If a bond has not been negotiated, the initial appearance is when bond or bail will be set. This is often incorrectly referred to as an “arraignment.” If the charge is a misdemeanor, the first appearance tech...
The next step in the process is generally a preliminary hearing conference. While some counties do not have the PHC, most have some type of conference before the preliminary hearing. At this conference, the attorneys for the State and the defendant meet to determine whether a negotiated plea can be reached. If it cannot be reached, a preliminary he...
At the primary hearing, the State has the burden of proof to establish that a crime was committed and that the defendant (the “accused” or “person charged”) committed the crime. At this stage, the evidence is reviewed in the light most favorable to the State. That means that any reasonable evidence which tends to establish that the defendant was re...
This is the first time the accused (the “defendant”) enters a plea of guilty or not guilty. In a felony case, the accused is not arraigned unless probable cause is found at a preliminary hearing or unless the preliminary hearing is waived by agreement.
If bound over for trial, both the prosecution and the defense may file any appropriate legal motions. For example, a client might have a motion to dismiss the case, a motion to suppress evidence, a motion for discovery (i.e.,for production of the State’s evidence), and any other motions that a lawyer believes in good faith to be appropriate for the...
At trial, the defendant is entitled to a jury of twelve peers for a felony trial or a jury of six or eight members for a misdemeanor. The State presents its evidence first by calling witnesses and producing documents or other tangible items as evidence. At the conclusion of each witness’s testimony, the defense attorney is permitted to cross-examin...
Even though jury recommends sentence, the final sentence is determined by the judge. The judge could not go beyond the jury recommendation. Technically, a judge must give the sentence returned by the jury, but the judge may be able to “suspend” part or all of the sentence. If there is more than one count charged, the judge may allow the defendant t...
If convicted, the defendant has an automatic right to appeal. On appeal, the standard is no longer beyond a reasonable doubt. Once a jury has determined the defendant to be guilty, the burden shifts to the defendant to show that he is not guilty. The burden of proof shifts to the defendant for the first time in this legal process. If you cannot aff...
In most cases, both sides must agree to waive a jury. Deferred Sentence: You are not convicted of a crime until you are found guilty and punished for the crime. With a deferred sentence, the judge accepts your guilty plea to the crime but postpones, delays or defers sentencing until a later date.
Jan 19, 2022 · Once you have been arrested, what happens next? When do you need to hire a lawyer? And when will you know what your charges are? To provide some answers, here are the basic steps a criminal case will follow in the state of Oklahoma. Step 1: The Bond Hearing. When you’re first arrested, your case will automatically be assigned to a bond docket.
Jun 28, 2024 · Both systems allow you to search a variety of fields, including party name, party type, case type, relief sought, and filing date; and both systems link to filed case documents that you can view and download. Follow the links below for more information.
arrest and Booking: a police oficer takes you into custody and takes you to jail. initial appearance: (Commonly referred to as “Arraignment”) crime, this will be the first time you will go before a judge. You will be advised on the charges against you, and a bond will be set for you whic.
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An Oklahoma Sentence and Parole Calculator designed to assist individuals wondering how much time an inmate will serve in prison in Oklahoma. This is a tool that should be used as an estimate and is not a replacement for obtaining an official calculation from DOC and P&P Board.
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