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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.
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