The criminal justice system can be very confusing and scary. While you have the right to represent yourself in court, the advice of a lawyer is invaluable. While you may not feel you have the money to hire a lawyer, you may not be able to afford not to have a lawyer. If you cannot afford a lawyer and you are charged with an offense which carries possible jail or prison time, you are entitled to a court-appointed lawyer at state expense. But if you paid a bail bondsman a fee of $500 or more, you may not get a court-appointed attorney, even if the bond fee was paid by someone else. The information in this brochure is intended as general information only. Nothing in this brochure should replace the advice of your lawyer. This information generally applies to Oklahoma District court cases, and not necessarily to municipal or federal cases.
Crimes are generally classified as felonies or misdemeanors. Usually, felonies are punished by a sentence of one year or more in prison. Misdemeanors are generally punished by one year or less in a county jail. Probation is also a possibility. Under probation, a person would not serve any time in jail or prison.
The following definitions are provided to explain the criminal justice process:
Arrest and Booking:
This is when a police officer takes you into custody and takes you to jail. The process of actually putting you in jail is called booking.
(Commonly referred to as “Arraignment”)
If you are charged with a crime, this will be the first time you will go before a judge. You will be advised on the charges against you, and a bond will be set for you which you must arrange to pay before you may be released from jail. In some cases, this bond may be an “Own-Recognizance Bond” (O.R. Bond) which requires no payment of money to a bondsman. If you bonded out of jail before arraignment, your bond will generally stay the same unless additional charges are filed, or if you have a prior felony conviction. You also will be told the next time you are to appear in court.
Preliminary Hearing Conference:
This hearing may also be called a pre-preliminary hearing or an announcement docket. Generally, these hearings are a time for your attorney and the prosecutor to discuss your case. The prosecutor may make a plea bargain offer which you and your attorney will discuss. If you decide to accept the offer, you would waive or give up your right to a trial and set your case for a date for you to plead guilty. If you do not accept the plea offer, you will have your case set for a preliminary hearing or trial.
If you are charged with a felony you have a right to a preliminary hearing. A preliminary hearing is a court hearing where witnesses testify and the judge decides whether there is enough evidence against you to order you to have a trial. If the court believes there is enough evidence to believe a crime was committed and enough evidence to believe you committed the crime (probable cause), the court will “bind you over” for trial. If the court does not believe there is enough evidence, the case is dismissed. The prosecutor is not required to present all of their witnesses or all of the evidence they have collected. They are only required to present enough evidence to meet the probable cause standard. The judge, by law, must consider all the evidence in a light most favorable to the state. He must also assume the state’s case will get better by trial.
This is a hearing where you and your lawyer meet with the judge and the prosecutor to announce that you want a trial or to plead guilty.
Plea or Disposition Docket:
At this hearing, you will appear with your attorney and plead guilty or “no contest” to a judge. At this hearing the court will announce your punishment based on your plea bargain agreement with the prosecutor. If the judge thinks the punishment is not harsh enough, you will be allowed to withdraw your plea of guilty and have a trial.
If you do not have a plea bargain agreement with the prosecutor, you may still wish to enter a plea of guilty and allow the judge to determine what your sentence will be. This type of plea is often called a “blind plea.” In this situation, you do not know the punishment the judge will give you, and you are throwing yourself on the mercy of the court. If you do not like the punishment the court decides is appropriate for you, you do not have the right to withdraw your plea and have your case set for trial.
This is where a jury decides whether you are guilty of the crime which you have been charged. The prosecutor must prove your guilt “beyond a reasonable doubt” to the jury or the judge in order for you to be convicted of a crime.
Non-Jury or Bench Trial:
This is a trial where a jury is waived and the judge alone decides whether you are guilty or not guilty of the crime with which you have been charged. In most cases both sides must agree to waive a jury.
You are not convicted of a crime until you are found guilty and punished for the crime. With a deferred sentence, the judge accepts your guilty plea to the crime but postpones, delays or defers sentencing until a later date, usually several years away. If you do everything the court orders you to do, the court will dismiss your case and the charge will not appear on your court record. You may be ordered to pay all court costs and fees, see a probation officer, go to treatment and make sure you do not break the law again. If you do not successfully complete the deferred sentence requirements or if you are charged with committing a “new” crime, the Court may sentence you to jail or prison. Even if you complete your deferred probation, your arrest will still appear on the records of the Oklahoma State Bureau of Investigation unless you obtain an expungement.
Suspended Sentence:You are convicted of a crime but are on probation for all or part of the sentence; it is suspended so you do not have to go to prison for that amount of time, as long as you satisfy the conditions of probation. The probation may be “supervised” or “unsupervised.” If it is supervised, you must regularly report to a probation officer. If it is “unsupervised,” you simply must obey the rules of probation and not break the law. If you are unsuccessful, however, you may be sentenced to spend the entire sentence in jail or prison.
A bench warrant is an order by the court to have you arrested because you failed to appear in court when the court told you to appear.
Know Your Rights
Even before you are placed under arrest, the Constitution of the United States guarantees you certain rights. The following are some of the more basic rights, but it is not a complete list. You have many other rights under our Constitution.
Right to Remain Silent:
When the police ask to speak to you, you have the right to remain silent. You may talk to the police about the crime they arrested you for, but you do not have to. If you do start talking to the police, you may stop talking at any time during the interview or interrogation and ask for a lawyer before talking further. At that point the law enforcement officer must ask no more questions. Anything you say or write to the police will be used against you in court. You may also ask to have an attorney when the police want to question you. If you ask for any attorney the police cannot ask you any questions until you have spoken with an attorney. If you cannot afford to pay for an attorney, the court may appoint a lawyer to represent you if the court believes you do not have enough money to hire one.
Right to be Represented by a Lawyer:
You have the right to have a lawyer. If you cannot afford to hire a lawyer, you can submit the appropriate application, called either “Form 13.3” or “Pauper’s Affidavit,” which asks the judge to appoint a lawyer to represent you. One good reason to be represented by a lawyer is to make sure your rights have not been violated. Another reason is to ensure that you get all the evidence you need to defend yourself. Many times a lawyer knows the kind of evidence that is best suited for a good defense. It is extremely risky to defend yourself in a criminal proceeding without a lawyer.
Right to Confront the Witnesses Against You:
You have the right for your lawyer to ask questions of every witness against you if you go to trial.
Right Not to be Stopped and Searched Without a Good Reason:
Law enforcement officers must have a good reason before they decide to arrest you or search you or your property. This is called “probable cause.” In some cases the officer must first get a judge to issue a search warrant. In other cases, such as routine traffic stops for traffic violations, there must be some good reason why officers suspect you may be committing a crime before they may search without getting a warrant. If the police do not have an arrest or search warrant and ask to search you or your property, you have the right to say ‘NO’ and may lawfully refuse their request to search. If the police stop you and ask you to identify yourself or show ID, you must comply. However, after you have told the police who you are you have the right to tell the officer you do not want to answer any other questions or speak with them until you have spoken with an attorney.
Caution: The law the court must apply may be very complex even in Small Claims. You should make certain you are comfortable with what you must prove and how to do it before you represent yourself in any court hearing or trial. If you are unsure about proceeding with a lawsuit, contact an attorney.
(Revised December 2012)