| Stage 1: Arrest
A felony prosecution commences with an arrest, followed
by a complaint being filed in the superior court. In
some rare cases, the prosecution may instead seek an
indictment from the grand jury. The defendant is set
for arraignment within a few days-this may be longer
if the defendant posts bail and is out of custody. At
this first court appearance, at which the defendant
must appear, the court reads the charges filed, and
usually addresses the matter of bail, if the defendant
is still in custody. The defendant is appointed counsel
if he cannot afford to retain an attorney. A plea (almost
universally, not guilty) is entered. Dates for a readiness
conference, followed by a preliminary examination are
set.
Stage 2: First Readiness Conference
At the first readiness conference, counsel confers
with deputy district attorney, and confirms, or resets
the date for the preliminary examination. At this point,
defense counsel should have received the initial discovery
materials from the prosecutor's office. This generally
consists of police reports, witnesses statements and
any initial tests results. Discussions towards a possible
deposition may also begin at this appearance.
Stage 3: Preliminary Examination
At the preliminary examination, the prosecutor is required
to present the "bare bones" of his case against
the defendant. He must present "some evidence"
to lead the judge to believe that a crime has been committed
and a strong suspicion that the defendant is guilty
of that crime or crimes. The standard of proof is relatively
low, therefore most defendants are "bound over"
for trial.
Stage 4: Second Arraignment
A second arraignment is then held-some judges actually
arraign the defendant immediately following the preliminary
examination. In either case, a second readiness conference
is set, as well as a trial date. A defendant has a "speedy
trial" right to have the trial start within 60
days from this arraignment.
Stage 5: Second Readiness Conference
At the readiness hearing, discussions with the prosecutor
regarding a possible plea bargain usually intensify,
as both parties by then have a better idea of the strengths
and weaknesses of the case, the defendant's background,
etc. Not only in Oklahoma, but nationwide, approximately
95% of criminal cases filed in court are settled by
some type of plea bargain.
Stage 6: Trial
If a case does proceed to trial, a jury of 12 persons
is selected, assuming a jury is not waived and a "bench
trial," i.e., before a judge only is had instead.
This is a rarity. Once the jury is selected and sworn,
counsel gives their opening statements. This is followed
by the prosecution presenting its case. Afterwards,
the defense presents its case. The judge may then instruct
the jury on the applicable law. The prosecutor gives
a closing argument, followed by the defense counsel.
The prosecutor, but not the defense, is allowed a second
argument-the last word. The judge then gives the jury
its final instructions and they retire to deliberate,
in secret. A verdict, whether guilty or not guilty,
must be unanimous-all 12 must agree. If unanimous verdict
cannot be reached, one way or the other, a mistrial
is declared.
Stage 7: Sentencing
A felony conviction presents two types of possible
sentences. In the first, the defendant is granted formal
probation (unless the charge is reduced to a misdemeanor).
This may include the requirement that the defendant
spend some time (up to one year) in the county jail,
make restitution, etc. In the second, probation is denied
and the defendant is sentenced to state prison for either
a "low", "middle" or "high"
term. State prison is usually reserved for cases of
more serious charges-those involving weapons, violence,
drug sales, sex offenses, serious injury or death-and
for defendants with prior felony convictions.
Stage 8: Appeals
In all cases where a trial was held, and the defendant
found guilty of some charge, an appeal may be taken.
An appeal is not a second trial of the case. The appellate
courts generally will not re-weigh the evidence. Rather,
an appeal contends that some error of the law occurred
during trial, which requires that the case be remanded
for a new trial or a different sentence. If a guilty
plea was entered, the defendant may only appeal the
sentence, try to withdraw the guilty plea, or appeal
the denial of a suppression motion, if one was made
and denied prior to the entry of the plea. Appeals generally
go first to the Oklahoma Court of Appeal-except for
death penalty cases (which go directly to the Oklahoma
Supreme Court). If denied, a petition for review can
then be filed in the State Supreme Court. From there,
a defendant may seek review in the federal courts by
filing a petition for writ of habeas corpus in the federal
district court. An appeal may then be taken to the circuit
court of appeals, followed by a petition for certiorari
to the United States Supreme Court. Overall, in criminal
appeals, less then ten percent are granted in whole
or in part.
Stage 9: Expungements
If a defendant is granted probation and successfully
completes it, in many cases the charges can then be
reduced to a misdemeanor, or "expunged" from
their record.
|
