Steps in the Criminal Legal process for the State the Oklahoma
If charged in any type of state or county court in Oklahoma, there are around ten actions from the arrest with the appeal (if convicted). The measures in commonwealth court are different as outlined below. Of course the action of her attorney, the rulings on motions, or an intervening “plea bargain” may remove some the the procedures at any type of time during the investigation.
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Oklahoma Criminal legal Process: Below is simply a quick an introduction of the various actions in the legal process. The is no intended come be substantial treatise ~ above the steps or legal processes. Relying on the type of case, the jurisdiction (federal or state) or the county wherein the charge is filed, the number of charges, the number of defendants, and the complexity of the facts and also law, these steps deserve to take almost everywhere from 3 months to 2 years to finish – not including the appeal. One appeal normally takes almost everywhere from six to 18 months or more.
Again, this is simply to offer you a rough time line.
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Oklahoma Courts: measures in the legitimate Process
1. Pre-charge Investigation
Typically, this step was completed prior to a defense lawyer’s involvement. Nevertheless of whether the State’s examination is complete, our investigation may turn up additional information that may be useful to your defense and avoid the a charge ever before being filed or may result in a dismissal. Also if girlfriend tell me that you are “guilty,” we may conduct a “mitigation” investigation to provide the district Attorney (“D.A.”) or the judge with details to present that you are a great a decent person deserving of a 2nd chance. An accused (i.e., the defendant) likely is no entitled to an attorney at this stage – uneven the accused is lugged in for questioning. A doubt or target that an investigation may constantly hire his or her own attorney at any kind of time – the sooner the better.
Sometimes this is avoided if counsel is connected before the arrest. Most commonly in state court actions, the arrest is made before the accused is conscious he is a doubt or target of one investigation.
3. Early stage Appearance/Bail
At the defendant’s very first court appearance, he will simply show up to obtain a copy of the charges and be provided a new date to show up in court. If a bond has actually not been negotiated, the initial appearance is once bond or bail will be set. This is often incorrectly described as one “arraignment.” If the fee is a misdemeanor, the first appearance technically is one arraignment, however for felony charges, the very first appearance is only an “initial appearance.”
4. Preliminary hearing Conference (PHC)
The following step in the procedure is typically a preliminary hearing conference. While some counties carry out not have actually the PHC, most have some form of conference prior to the preliminary hearing. In ~ this conference, the attorneys for the State and also the defendant satisfy to determine whether a negotiated plea have the right to be reached. If it can not be reached, a preliminary listening is scheduled (or possibly the case is dismissed). Depending upon the county, there might be 2 or three of this conferences. If a plea is negotiated, the client generally skips to action 8.
5. Preliminary Hearing: Oklahoma Criminal legitimate Process
At the primary hearing, the State has actually the burden of proof to establish that a crime was committed and also that the defendant (the “accused” or “person charged”) committed the crime. At this stage, the evidence is the review in the light many favorable come the State. That way that any reasonable proof which tends to create that the defendant to be responsible for the act(s) is adequate to obtain a “bind over.” as soon as bound over because that trial, the simply way that the defendant will be held for attempt or additional negotiations. It does not median that the defendant goes to jail at that time. At a preliminary hearing, there is constantly the possibility that the proof presented may an outcome in “different” crimes being charged or added counts of the crimes gift added. If that should happen, climate the bail will likely be adjusted. That is also feasible that the charges will certainly be dismissed if the State fails to develop probable reason that the defendant committed the plot charged. In limited circumstances, the defendant may elect to waive (or abandon) the preliminary hearing, yet this is normally not recommended. There is no preliminary hear if the fee is a misdemeanor.
This is the an initial 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 discovered at a preliminary hear or uneven the preliminary hear is waived by agreement.
7. Motions Hearing
If bound over for trial, both the prosecution and the defense may file any proper legal motions. For example, a customer might have actually a movement to i disbanded the case, a motion to suppress evidence, a activity for exploration (i.e., for production of the State’s evidence), and also any other motions that a lawyer to trust in great faith come be proper for the provided case. In ~ the movements hearing the judge will make a judgment on the motions. If the referee does not dismiss the charges, the next step is trial.
At trial, the defendant is licensed has been granted to a jury the twelve peers for a felony attempt or a jury of 6 or eight members because that a misdemeanor. The State presents its evidence very first by phone call witnesses and also producing documents or other tangible items together evidence. In ~ the conclusion of every witness’s testimony, the defense attorney is permitted to cross-examine every witness and to present any kind of defense evidence through those witnesses. After ~ the State has presented all of its witnesses and also evidence, the State will rest. If the referee determines at the time that there is sufficient evidence that a jury might find the accused defendant guilty, then it is the defendant’s rotate to existing evidence. However, a defendant is never forced to present any type of evidence. In countless cases, there will be no evidence presented by the defense in ~ this stage.
If over there is evidence, the defense attorney calls any defense witnesses and presents extr defense exhibits (if any kind of exist or space relevant). Likewise, the State is allowed to cross-examine any type of defense witnesses and to present extr evidence through any kind of of the defense witnesses. After the defense has presented its case, the defense will certainly rest and also again questioning the judge to i have dissolved the charges because there is insufficient proof to permit the jury to take into consideration the case or for other technical reasons that might or might not exist in any kind of given case.
If the referee does no dismiss the charges, then the State may present any kind of rebuttal evidence. Typically, if rebuttal proof is presented, the defense is allowed to current a surrebuttal case. At the time, the case is over except for closing arguments.
The attorneys for the prosecution are permitted to existing their dental “closing argument” to the jury first. At the conclusion, the defense presents its closing dispute (summary the the case) come the jury regarding why the jury should discover the defendant no guilty. Due to the fact that the State has actually the load of proof, the State it s okay the last word in its last closing remarks. Then the jury is instructed top top the law.
To convict, the jury is required to identify guilt past a reasonable doubt. In other words, if the jury or any kind of one the the jurors have a reasonable doubt regarding guilt, climate the jury must find the defendant no guilty. The only means the jury may convict the accused is for the unanimous jury (100% of its members) to uncover evidence the guilt beyond a reasonable doubt. That is no to say guilt past “any” doubt or beyond “a zero of a” doubt. There is no magical number percentage, yet it would certainly be somewhere between 95% and 100% if us were to try to ar a percentage into the meaning of “beyond a reasonable doubt.”
If the jury returns a decision of no guilty, the instance is over. If this jury finds the defendant guilty, climate the instance proceeds come sentencing. If the accused has never been previously convicted that a crime, the jury determines both guilt and innocence and/or sentencing during the exact same deliberation. If the customer has a front felony conviction, then guilt and innocence is gift in one stage and also sentencing is gift in a second stage – in various other words, there is a 2nd “mini-trial” because that sentencing.
Even though jury proposal sentence, the last sentence is identified by the judge. The judge can not go beyond the jury recommendation. Technically, a judge must offer the sentence went back by the jury, however the referee may have the ability to “suspend” part or every one of the sentence. If there is much more than one count charged, the referee may permit the defendant come serve any type of of the counts concurrently (i.e., at the exact same time), or the judge might require the the sentence be offered consecutively (i.e., “stacked”).
For every of the measures in the legal process (paragraphs 2 – 7), the defendant is absolutely licensed has been granted to an attorney. If the defendant cannot afford one attorney, one might be provided at State’s expense if the court determines that the defendant is can not to pay. Also, the accused defendant has actually the appropriate to pick his own lawyer if he have the right to afford to maintain a lawyer. The accused is no entitled to pick which court-appointed lawyer is appointed to represent him if he is indigent and also cannot afford counsel.
If convicted, the defendant has an automatic ideal to appeal. Top top appeal, the conventional is no longer beyond a reasonable doubt. Once a jury has figured out the defendant to be guilty, the burden shifts come the defendant to display that the is not guilty. The load of proof move to the defendant for the an initial time in this legit process. If you can not afford an lawyer at this stage, one attorney will certainly be detailed for the an initial level that appeals. If you wish to proceed past the direct appeal, you need to hire your own lawyer.
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The State walk not normally have a right to appeal if you are uncovered not guilty (i.e., acquitted). However, if the judge dismisses the case before it is submitted to the judge or jury on the merits, climate the State has the legal ideal to appeal. Because that example, if a referee suppresses evidence which is vital for conviction, the State may appeal the judge’s judgment suppressing the evidence. But once you’ve unable to do to trial, if the jury get a “not guilty” verdict, the case is over.