Facing criminal charges in Oklahoma can feel overwhelming and intimidating. Whether it’s a misdemeanor or a felony, the outcome can have lasting effects on your freedom, finances, and future opportunities. Understanding the process and what to expect can help you prepare and protect your rights.
1. Arrest and Booking
Criminal cases often begin with an arrest. Law enforcement will take you into custody, transport you to jail, and complete the booking process, which includes fingerprinting, photographs, and entering your information into the system. In some cases, you may be released shortly after arrest; in others, you may need to wait for a bail hearing.
2. Initial Appearance and Bail Hearing
Within 48 hours of arrest, you will appear before a judge for your initial appearance. At this hearing:
- The judge will inform you of the charges.
- You are informed of your rights, including the right to an attorney.
- The court decides whether you can be released and, if so, under what conditions, which may include paying bail or agreeing to certain restrictions.
3. Arraignment and Plea
The next step is an arraignment, where you formally enter a plea:
- Not guilty (most common at this stage)
- Guilty
- No contest (nolo contendere)
Pleading not guilty moves the case toward pretrial preparation and possibly trial.
4. Discovery and Pretrial Motions
During discovery, your attorney and the prosecutor exchange evidence, which may include:
- Police reports
- Witness statements
- Video or photographic evidence
Your attorney may also file pretrial motions to suppress evidence, dismiss charges, or address legal issues before trial.
5. Plea Bargaining
Many Oklahoma criminal cases end with a plea bargain, where you agree to plead guilty to lesser charges or receive a lighter sentence in exchange for avoiding trial. Deciding whether to accept a plea agreement is a crucial decision that you should make with the guidance of a lawyer.
6. Trial
If no agreement is reached, your case goes to trial, which may be:
- Jury trial, where peers decide guilt or innocence.
- Bench trial, where the judge alone makes the decision.
During the trial, both sides present evidence and call witnesses, and the prosecution must prove guilt beyond a reasonable doubt.
7. Sentencing
If convicted, the judge determines your punishment, which could include:
- Fines
- Community service
- Probation
- Jail or prison time
The severity depends on whether it is a misdemeanor or felony, prior criminal history, and other factors.
8. Appeals and Post-Conviction Relief
If you believe errors were made in your case, you may be able to appeal the conviction or seek other post-conviction relief, such as modifying your sentence or expunging your record later.
Tulsa Criminal Defense Attorneys
We know how stressful criminal charges can be. At Tulsa County Lawyers Group, we defend clients across Oklahoma. For a Free and confidential consultation with a Tulsa criminal defense lawyer, call us at 918.379.4864 or click this link to ask a legal question online.