The criminal legal process in Oklahoma generally starts with an arrest or citation, moves through initial court appearances, arraignment, and pretrial proceedings, including potential preliminary hearings, and ends with either a plea or a trial, followed by sentencing and possible appeal. Below, an Oklahoma City criminal defense lawyer from Josh Lee & Associates explains the sequence and purpose of each phase in the process.
Investigation
The legal process often begins before an arrest is made. Law enforcement conducts investigations, interviews witnesses, and gathers physical evidence. If police believe they have probable cause, they may arrest the person on the spot or seek an arrest warrant from a judge.
Arrest and Booking
Once arrested, the defendant is booked into jail, where authorities record identifying information, fingerprints, and photographs. Any statements made to police can be used as evidence, making the right to remain silent critical.
Initial Appearance
Shortly after arrest, generally within about 48 hours, the defendant appears before a judge. At this initial appearance, the judge:
- Advises the defendant of the charges
- Informs them of their rights
- Considers bail or bond conditions
This step ensures the defendant understands the charges and bond conditions.
Arraignment
The arraignment is the first formal court hearing at which the judge informs the defendant of the charges and asks for a plea of not guilty, guilty, or no contest. For felony charges, this may occur after a preliminary hearing. For misdemeanors, the initial appearance often also serves as the arraignment.
In felony cases, Oklahoma procedure involves two arraignment stages. The initial appearance addresses the charges and bond, while a formal district court arraignment occurs only after probable cause is found at a preliminary hearing or the hearing is waived.
Pretrial Proceedings
Once a defendant enters their plea, the case moves into the pretrial phase, which includes:
- Discovery: Both sides exchange evidence.
- Preliminary hearing for felonies: A judge determines whether probable cause exists to move the case forward.
- Pretrial motions: Either side may seek to suppress evidence or dismiss charges.
- Plea negotiations: The defense and prosecution may attempt to resolve the case without trial.
Trial
If the parties do not reach a plea agreement, the case proceeds to trial. Felonies typically involve a 12-member jury. A smaller jury or a judge in a bench trial may decide misdemeanors. The prosecution must prove guilt beyond a reasonable doubt, and the defense can challenge evidence and present witnesses.
Sentencing
If the defendant is convicted, whether by plea or trial verdict, a sentencing hearing determines the penalties, which can include fines, probation, jail, or prison. The judge considers factors like criminal history and the severity of the offense.
Oklahoma is a jury-sentencing state. In a jury trial, the jury typically determines both guilt and the specific sentence, provided the sentence falls within the statutory range. If the defendant pleads guilty or waives jury sentencing, the judge imposes the sentence.
The Oklahoma Sentencing Modernization Act went into effect on January 1, 2026. It establishes a new felony classification and sentencing system that applies to crimes committed on or after that date.
Appeal
After sentencing, a defendant may appeal the conviction or sentence within strict deadlines. The appeal process involves filing a notice of intent to appeal, preparing the appellate record, and submitting legal briefs arguing errors at trial.
Understanding each step helps clarify how criminal charges move through the Oklahoma justice system.
