In Oklahoma, misdemeanors may be prosecuted in either a state or municipal court. In order to provide you with a better understanding of how misdemeanors are dealt with in Wagoner County, here is a basic outline of the misdemeanor process in Oklahoma.
Pre-arrest Investigation
The misdemeanor process in Oklahoma often begins even before you are arrested or charged with a crime. At this stage, which is referred to as pre-arrest investigation, the police will gather information regarding the case and often attempt to obtain a statement from you, in order to determine if there is indeed cause to proceed with charges. If at that time it is determined that there is cause, a warrant will then be issued for your arrest.
Your Arrest
If there is no pre-arrest investigation, your case will begin when you are arrested and booked. At this stage, you will be physically taken into custody on a misdemeanor charge, photographed, fingerprinted and placed in a cell; or, depending on the nature of the charges against you, you may be released and given a date to return to court for your arraignment.
Certain crimes, such as shoplifting, do not require the police to take you into custody, and you may simply be issued a ticket and released with a date to show up in court for arraignment.
The Arraignment
The arraignment is the first time you will come before a judge. During this stage, you appear in court and the judge explains the charges that the prosecutor has brought against you and sets your bond, if it has not already been set. You will then enter a plea of not guilty and be given a date for your next appearance in court.
If you have retained the service of a defense attorney prior to your arraignment, he or she can appear in court to answer to the charges on your behalf without the need for you to be present.
Discovery Request
After you have been arraigned, your attorney is allowed to make a discovery request to receive all of the information the police has compiled in support of the prosecution’s charges against you. This includes the police report and any witness testimony that the police have obtained.
Once your attorney receives this information, he or she will have a better idea of the strength of the prosecutor’s case against you and can plan your defense accordingly.
Jury Trial Sounding (JTS) Docket or Conference Docket
The next stage in the Oklahoma misdemeanor process is the Jury Trial Sounding (JTS) Docket or Conference Docket. Here your defense attorney and the prosecutor will begin negotiations to settle the case by means of a plea bargain, whereby you will be given the option to plead guilty to the charges against you in exchange for having your charges or sentence reduced. Many misdemeanor cases are settled at this stage without the need for a trial. However, if no plea bargain is made at this stage, the case will proceed on to a discovery hearing.
The Discovery Hearing
At the discover hearing, which must take place ten days before the jury trial, the prosecution and your defense attorney will disclose whether or not they have exchanged discovery, which must include all police reports, witness testimony and recorded evidence.
The Trial
Ten days after your discovery hearing, you will be tried before a jury of six citizens (as opposed to twelve for a felony case) who must all agree on a verdict.
All Americans who have been charged with a crime enjoy the constitutional right to 1) be tried before a jury 2) be represented by an attorney 3) cross examine any witness who testifies against them and 4) be presumed innocent before being found guilty. Furthermore, the prosecution has the burden of proving your guilt beyond a reasonable doubt.
Initial Strategy Session: Wagoner Criminal Defense Attorney
Even in less serious cases, a good criminal defense attorney can make a serious impact on the outcome of the case by ensuring that the rights of the accused are protected throughout the legal process. For these and other reasons, it is vital that those accused of a crime select the most competent, experienced, and effective lawyer available.
For a low-cost consultation with a Wagoner, Oklahoma defense aAttorney call the Wirth Law Office – Wagoner at (918) 485-0335 (or toll free at (888) Wirth-Law). Or, as always, you may enter a legal question in the form at the top right of this page.
