Read here to learn what happens when you are charged with a misdemeanor crime in Oklahoma City.
What happens after you are charged with a misdemeanor in Oklahoma, City?
Crimes in Oklahoma are broken down into two categories, the most serious are felonies, the penalty for which may include a period of incarceration in a state penitentiary or death. The others are misdemeanors, for which the penalty, if convicted, is up to 1 year in a county jail.
The way the Oklahoma justice system deals with felonies and misdemeanors is different for each category of crime. The felony process is much more complicated, which is justified by the seriousness of the consequences one faces if convicted. The misdemeanor process is less complicated, but proceeds in the same general manner as for a felony offense.
Here’s what happens :
Your Arrest
Once you have been charged with a misdemeanor in Oklahoma City, depending on the nature of the offense, you will be arrested and booked. After you have been photographed and fingerprinted, you will be allowed to post bail or released on your own recognizance with a date to return for your initial appearance in court.
Your initial appearance in court
The purpose of your initial appearance in court, also called an arraignment, is for the court to inform you of:
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your rights.
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the charges against you.
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the possible consequences of a conviction.
You will also be asked to enter a plea of guilty or not guilty before finally being given a date to return to court for what is called a Jury Trial Sounding Docket (Conference Docket in a municipal court).
Before moving on to the next stage of the misdemeanor process, let’s first review your rights when charged with a misdemeanor in Oklahoma City.
You have the constitutional right to:
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Be tried before a jury of your peers. For a misdemeanor in Oklahoma, you will be tried before a jury of six citizens (versus twelve for a felony case)
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Be represented by an attorney. You may retain the service of a criminal defense attorney at any stage of the misdemeanor process. If you cannot afford one, the court will supply you with a public defender. In the event you have retained a defense attorney before your arraignment, he or she can appear in court to respond to the charges on your behalf, without you having to be there.
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You have the right to be presumed innocent before being found guilty, and to cross examine any witness who testifies against you in court.
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The burden of proof lies with the prosecution, who must prove your guilt “beyond a reasonable of doubt.”
The next stage in the Oklahoma misdemeanor process is discovery requests.
Discovery Requests
Before your Jury Trial Sounding Docket, your attorney is allowed to make a discovery request to obtain all of the information the authorities have compiled in support of the prosecution’s charges against you, including the police report and surveillance reports, as well as any witness testimonies that have been obtained.
This information will give your attorney a better understanding of the strength of the prosecutor’s case and will enable him to plan your defense accordingly.
Jury Trial Sounding (JTS) Docket or Conference Docket
At the Jury Trial Sounding (JTS) Docket, or Conference Docket, your defense attorney and the prosecutor will attempt to settle the case by negotiating a plea bargain, which might require you to plead guilty in exchange for a reduction in the charges against you or the possible sentence you will receive, if convicted.
The majority of misdemeanor cases in Oklahoma are settled at this point without need for a trial. However, if a plea bargain cannot be made, the case will proceed on to what is called a Discovery Hearing.
Discover Hearing
The Discovery Hearing must take place ten days ahead of the jury trial, for the purpose of finding out if your defense and the prosecutor have exchanged discovery. If it is determined that discovery has been exchanged to the satisfaction of the court, the case will be sent to trial.
The Trial
Ten days following your Discovery Hearing, your trial will commence before a jury of six citizens (versus twelve for a felony case) who must all agree on a verdict.
If you are found not guilty, you will be free to go and will have avoided having the charge added to your criminal record.
If you are found guilty, your trial will proceed on to sentencing, where the judge will inform you of the sentence you will receive for the crime for which you have been convicted.
Consultation: Oklahoma City Misdemeanor Defense Attorney
For a consultation with an Oklahoma City misdemeanor defense attorney, call Wirth Law Office- Oklahoma City at (405) 888-5400. You can also submit an email question from the top right corner of this page. Our Oklahoma City criminal attorney will respond as quickly as possible to all questions.
