In Oklahoma, a felony criminal process is a multi-stage series of hearings that typically moves from the county level to the district court level. Unlike misdemeanors, which can often be resolved in a single court, the felony criminal process involves specific “safeguard” hearings to ensure there is enough evidence to move forward.
Here is the step-by-step breakdown of the felony process in Rogers County:
1. Arrest and Initial Appearance
The process begins with an arrest or the filing of a “Information” (the formal charging document).
- Timing: Within 48 hours of arrest, the defendant appears before a judge.
- Purpose: The judge informs the defendant of the charges, explains their rights, and addresses bond or bail. In felony cases, this is an “initial appearance” rather than a formal arraignment.
2. Preliminary Hearing Conference (PHC)
Before a full hearing, most counties schedule a conference.
- Goal: This is primarily a meeting between the defense attorney and the prosecutor to see if the case can be resolved through a plea bargain or if it needs to proceed to a hearing.
3. Preliminary Hearing
This is a critical stage unique to felony cases.
- Probable Cause: The State must present enough evidence to show that a crime was committed and there is “probable cause” to believe the defendant committed it.
- Outcome: If the judge finds probable cause, the defendant is “bound over” for trial in District Court. If not, the charges may be dismissed.+1
4. District Court Arraignment
Once bound over, the defendant moves from a special judge to a District Judge.
- The Plea: The defendant is formally arraigned on the charges and enters a plea (usually “Not Guilty”).
- Discovery: This stage triggers the official “discovery” process, where the prosecution must share police reports, witness lists, and evidence with the defense.
5. Pretrial Motions and Hearings
Both sides may file motions during this phase, such as:
- Motions to Suppress: Asking the judge to throw out evidence obtained illegally.
- Allen Discovery Hearing: A check-in to ensure all evidence has been properly exchanged.
- Jackson v. Denno Hearing: To determine if a defendant’s statement to police was voluntary.
6. Trial
If no plea agreement is reached, the case goes to trial.
- Jury: In Oklahoma, a felony jury consists of 12 people, and the verdict must be unanimous.
- Two Stages: If found guilty, Oklahoma often uses a “bifurcated” trial. The first stage determines guilt, and the second stage (sentencing) is where the jury recommends a specific punishment.
7. Sentencing and Appeals
- Sentencing: The judge formally imposes the sentence. While the jury recommends a sentence, the judge has some discretion to run sentences concurrently or suspended, depending on the law.+1
- Appeal: Defendants have an automatic right to appeal their conviction to the Oklahoma Court of Criminal Appeals.
Contact a Felony Criminal Defense Attorneys in Claremore
When you need a criminal defense attorney in Rogers County, having a local advocate who understands the intricacies of the felony criminal process will make all the difference. At Kania Law – Claremore Attorneys, we are committed to providing the aggressive representation and compassionate guidance you need to protect your future and your family. Whether you are navigating a complex felony charge or facing urgent legal deadlines, do not wait to secure your rights. Contact our Claremore Attorneys Law office today at (918) 379-4872 to schedule your free, confidential consultation and take the first step toward a resolution.