Criminal Process in Oklahoma: What to Do?
The overall criminal process can be overwhelming and confusing to people who don’t know anything about the law. On top of that, every state has its specific law that makes the process more complex. If you live in a city, then municipalities can charge people only for misdemeanors. The criminal process in municipal court is abbreviated compared to a county court’s process in OKC.
We have shared an insight about this complex process so that you don’t feel lost in the system and know what to do. Keep one thing in mind if you or your loved one get involved in any criminal offense, then contact a criminal defense attorney immediately.
Investigation Process
After a crime occurs, the law enforcement officers will investigate the whole matter. This investigation process includes various things such as interviewing the witnesses, victims and suspects. In addition, the experts also need to gather photographs and all the physical evidence and identify the suspect by examining the proof.
Arrest
If the law enforcement officer doubts that a crime is happening in an officer's presence or someone commits a felony out of the officer’s presence, then he or she can arrest the suspect without any arrest warrant. In general, the officer does not arrest the suspect right after the crime occurred. The reason behind that is the expert needs to inspect the crime. The officer has to submit a Probable Cause Affidavit to the District Attorney and suggest authorizing the potential charges.
Criminal District Court Arraignment in OKC
The defendant has to appear before a judge for arraignment if he or she is charged with either a misdemeanor or felony crime. Criminal lawyers in OKC may inform her or him about the charges and his or her constitutional right and then the court appoints the defendant a lawyer. Not only that but also the judge will set the amount and condition of the bond. The defendant can also submit his or her plea of not guilty at this hearing.
Felony
The defendant can enter a plea of not guilty at an arraignment and after that, the court will set a conference date for the case. Your criminal defense attorney can speak with the prosecutor at the conference date and as a result, plea negotiations may happen. The court may set the case for a preliminary hearing at the conference date.
This hearing is conducted in front of a judge where the prosecutor submits evidence. The proof shows the reason why the defendant committed the felony crimes she or he is charged with. If the judge finds a potential cause before the trial judge sets a date, then this date is known as the pre-trial conference.
Seek Legal Help
If you get convicted for a crime in OKC, then you can appeal through the Oklahoma Court of Criminal Appeals. Remember, the entire process is extremely time-sensitive. You must follow a few procedures within periods outlined in state statutes. If you still have a query about this matter, then talk to our experts at Foshee and Yaffe Attorneys at Law.
**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.