Going through a criminal case in Oklahoma can be a confusing and stressful experience, especially if it’s your first time facing the criminal justice system. Whether you’re facing accusations of a misdemeanor or a felony, it’s important to understand what happens at each stage of the process so you can make informed decisions and protect your rights.

The Arrest and Booking

A criminal case usually begins with an arrest by law enforcement. After the arrest, the person goes to jail for booking, where their information is recorded, fingerprints are taken, and charges are listed. In some cases, the jail may release them on bail or bond, depending on the severity of the offense.

The Initial Appearance and Bail Hearing

The first court appearance is the initial appearance or arraignment. Here, the judge informs the defendant of the charges and sets bail if necessary. In some felony cases, a separate bail hearing may decide whether to release the defendant and under what conditions.

During arraignment, the defendant is formally advised of the charges and asked to enter a plea: guilty, not guilty, or no contest. If they enter a not guilty plea, the case proceeds to the pretrial stage.

Preliminary Hearing (Felony Cases Only)

In felony cases, Oklahoma law provides for a preliminary hearing, during which the prosecution must demonstrate probable cause to believe the defendant committed the crime. This hearing serves as a safeguard to prevent unsupported felony charges from proceeding. If the judge finds probable cause, the case is bound over for trial.

Pretrial Motions and Plea Negotiations

Before trial, the defense and prosecution may file motions to suppress evidence, dismiss charges, or compel discovery. Parties often resolve cases during this phase through plea bargaining, where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence.

Trial

If parties do not reach a plea agreement, the case proceeds to trial. In Oklahoma, you have the right to a jury trial, though you may opt for a bench trial. At trial, the prosecution must prove your guilt beyond a reasonable doubt. You have the right to remain silent, present evidence, and cross-examine witnesses.

At the end of trial, the judge or jury delivers a verdict of guilty or not guilty. If found guilty, sentencing may occur immediately or at a later hearing.

Sentencing and Appeals

If convicted, the court will hold a sentencing hearing, during which the judge will impose penalties such as jail or prison time, probation, fines, or community service. You may also be have to complete counseling, classes, or restitution.

If there were errors in the trial or new evidence becomes available, you may have grounds to appeal the conviction to a higher court.

Creek County Criminal Defense Attorneys

Facing a criminal case in Oklahoma can be overwhelming, but you don’t have to go through it alone. If you’re part of a criminal case, our team at Creek County Attorneys can help. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.