Criminal Procedure

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.

Initial 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.

Individuals facing jail time in Oklahoma are often in the dark concerning how criminal sentences are determined in Oklahoma. You must first be convicted of the crime for which you are charged by the judge or jury. The judge then determines the actual sentence you will receive as punishment for the crime for which you have been convicted. This article is a brief explanation of how the judge determines sentencing in Oklahoma.

Sentencing in Oklahoma

With the exception of certain crimes, particularly those for which the death penalty may be imposed, it is the judge who will determine your sentence. For certain crimes, however, the criminal statute that defines the act as a crime will also specify the range of the sentence that a person convicted of that crime may receive.

For example, a criminal statute may specify that a particular act is a crime and is punishable by a fine of up to $1,000, up to a year in jail, or both. The judge then has the discretion to decide the severity of your sentence within those limits.

Federal and state laws may also set mandatory minimum and maximum sentences with which a judge is obligated to comply. For example, if a particular crime carries a mandatory minimum five-year prison sentence, the judge, in most cases, will be powerless to sentence you to less than the minimum required by law.

Mitigating and Aggravating Factors in Criminal Sentencing in Oklahoma

Crimes that require mandatory sentences are relatively few in number, so the judge normally has the authority to consider a number of different factors in determining the appropriate sentence for a particular crime, within the ranges allowed by law. It is then the defense’s responsibility to bring to the court’s attention factual circumstances related to your offense that make the case for a lighter sentence. Factual circumstances that argue for a lighter sentence are referred to as “mitigating factors.”

Here are some examples of mitigating factors:

• The fact that you have little or no criminal history.
• You were only an accessory to the crime, not the main offender.
• When you committed the crime, you were under a great amount of stress, thus your judgment was impaired.
• The crime was committed without causing harm to anyone, or in a way in which nobody was threatened.

In contrast, the prosecutor may present the judge with what are referred to as “aggravating factors,” which make the case for a more severe sentence. A prior criminal record is the most common of all aggravating factors. Others include extreme cruelty or malice, or the use of a weapon in the commission of the crime. Sentencing guidelines often specify which aggravating circumstances should be considered in determining the sentence for a particular crime.

Summary

With exception of certain crimes, sentencing in Oklahoma is determined by the judge who presides over your case. This is with respect to both state and federal statutory maximum and minimum requirements, as well as any aggravating or mitigating factors. For more precise information on the sentence you or a loved one should expect to receive if convicted of a crime, consult with an experienced Oklahoma criminal defense attorney.

Initial Consultation: Tulsa Criminal Attorney

A good criminal defense attorney will argue fervently for the most lenient sentence possible for your criminal conviction. Contact Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.

A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: 918-256-3400.

An expungement is a court order that seals your criminal record so that it is no longer available to the public. It essentially clears any record of your arrest or prosecution.

There are two ways to expunge your criminal record in Oklahoma: You may either seal only your name from court records, under Title 22 O.S. § 991c; or seal your name from court records and erase your criminal history with the Oklahoma State Bureau of Investigation, under Title 22 O.S. §18. Each approach has its own advantages and disadvantages. Contact a knowledgeable Oklahoma criminal defense attorney for more information.

Offenses eligible for expungement in Oklahoma

In Oklahoma, the following offenses may be expunged from your criminal record:

• Juvenile offenses – if you were convicted when you were under eighteen and you have since been granted a full pardon for the offense.
• Non-violent felony offenses – if your crime was non-violent (as defined by Oklahoma criminal statutes), you have received a pardon after 10 years without committing any further crimes and 15 years have passed since any misdemeanor convictions.
• Misdemeanors – if you have never been convicted of a felony, are not facing any current criminal charges and after 10 years you have not been convicted of any additional criminal activity.
• Deferred judgements in non-violent felony offenses – 10 years after successful completion of the terms and conditions of your deferred judgement, if you have never been convicted of any other misdemeanor or felony offenses and no other charges are pending.
• Deferred judgements in misdemeanor offenses – one year after successful completion of the terms and conditions of your deferred judgement, if you have not been convicted of any other misdemeanor or felony offenses and no other charges are pending.

Offenses not eligible for expungement in Oklahoma

Not all crimes, however, are eligible for expungement in Oklahoma; in particular the following types of offenses may not be expunged:

• Violent felonies.
• Sex offenses that require compliance under the Oklahoma Sex Offender Registration Act.

Are you eligible for expungement Oklahoma?

Not all offenses are eligible for expungement in Oklahoma, likewise not all persons are eligible to expunge their criminal record in Oklahoma. You might be eligible to expunge your criminal record in Oklahoma if:

• You have successfully completed the terms of a suspended or deferred sentence.
• You were convicted when you were a juvenile.
• You were convicted of a misdemeanor or non-violent felony and you meet certain eligibility requirements.

You are most likely to be eligible for expungement if:

• You have been acquitted of the charges brought against you.
• You were arrested but never eventually charged with a crime.
• Your conviction was overturned or you received a pardon.
• Someone else committed a crime using your name.

Initial Consultation: Tulsa Expungement Attorney

If you believe that you are eligible for expungement of a non-violent felony, misdemeanor, crime committed as a juvenile or a suspended sentence,  you should consult with an Oklahoma expungement lawyer to have your case evaluated.

The criminal defense attorneys at Tulsa Criminal Defense Law Firm represent clients in applying for expungement. See Tulsa Criminal Defense Law Firm’s Expungement page for additional information or call a Tulsa Expungement Attorney at (918) 256-3400 for a initial, no-hassle confidential consultation.

If you prefer a Tulsa expungement attorney on our  team to call you or reach you by email ,click here to ask your questions via the easy to fill-out online consultation request form.

Having a child charged with a juvenile offense of any kind can be difficult on the entire family. Most often, your child’s trouble with the law is symptomatic of deeper issues that need to be addressed.

When a juvenile is in trouble with the law, the state’s main goal is to handle the case in as efficient a manner as possible within the best interest of the juvenile. Similarly, the defense’s goals in a juvenile case in Tulsa, Oklahoma are the continuity of family, the preservation of the juvenile’s future, and the rehabilitation of his or her behavior.

The Defense’s Goals in a Juvenile Case in Tulsa, Oklahoma

1) When a lawyer deals with a juvenile case in Tulsa, there are typically three objectives, the first of which is to keep the youth out of custody and at home with his or her family. Your attorney may achieve this goal by pursuing an informal resolution which might result in one or more of the following actions:

• a stern lecture from the judge or prosecutor;
• an order to attend mandatory counseling;
• an order to perform mandatory community service;
• restitution payment to the victim(s) of the crime; or
• a probation sentence.

Any of these conclusions will be more preferable than adjudicating the case in juvenile court.

2) Keeping your juvenile’s record clean and keeping the child out the criminal justice system is important to preserving his or her future, so the second objective in a juvenile case in Tulsa is to keep the offense off of the minor’s record to prevent him or her from acquiring a criminal record that will haunt the child for the rest of his or her life. Fulfilling this objective may require accepting a plea bargain that will require your juvenile to admit to the charges in exchange for a delayed or deferred sentence, where if he or she satisfies all of the conditions of the sentence, the charges will be dismissed.

3) The third goal is to help get the minor’s life back on track. All aspects of the juvenile’s life need to be examined in order to determine what caused him or her to get in trouble in the first place. Be it drugs, alcohol or hanging out with the wrong crowd, these issues need to be addressed.

This should also include an assessment of the juvenile’s family life and mental health, which are often the reasons that lead so many youths into the juvenile justice system.

Thus, the goal in a juvenile case in Tulsa is not only to get the youth out of the juvenile court system and out of trouble now, but to get his or her life back on track and out of the system by dealing with the underlying issues which led the minor there in the first place.

Initial Consultation: Tulsa Criminal Attorney

If your juvenile has been charged with a crime in Tulsa, Oklahoma, come and explain the situation to an experienced Tulsa juvenile defense attorney. Let us see what we can do to get your child out of juvenile court and back on the right track.

A Tulsa criminal attorney can advise you how the juvenile justice process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: 918-256-3400.