A preliminary hearing in Oklahoma happens after a prosecutor files a felony case against someone. Oklahoma law requires all accused individuals to have a preliminary hearing, sometimes referred to as a probable cause hearing. It requires the state to present some evidence, through testimony, of the accusations made against the defendant.
During this hearing, evidence must demonstrate that there is probable reason to believe the defendant engaged in the activity, but that does not mean proving it beyond a reasonable doubt, and a judge decides if enough evidence exists to move the case forward. Because the standard of proof is lower at this stage, having an aggressive criminal defense attorney on your side is critical.
What to Expect During a Preliminary Hearing in Oklahoma
A preliminary hearing does not involve a jury. Only a judge is present to make decisions related to the case. Then, you can expect the following to occur.
State Presents Evidence
The state, through the prosecutor’s office, presents evidence. This typically involves calling one or more witnesses to the stand. This may include a police officer on the case or a victim suffering the loss. They must answer questions and testify under oath.
A Cross-Examination Occurs
Your defense attorney asks those witnesses critical questions. They challenge the witnesses and their claims as clearly as possible. This process allows a judge to have critical information to determine if probable cause exists. It also serves to secure critical testimony and enables your defense attorneys to determine the strengths and weaknesses of the state’s case against you.
The State Must Meet the Legal Standard
The prosecutor must meet the legal standard. That is, they do not have to prove guilt beyond a reasonable doubt. They only must demonstrate that there is probable reason to believe that the accused committed the crime. They must show:
- A crime occurred
- The defendant did it
This is done through statements from witnesses and the prosecutor’s office’s arguments. This is an important distinction. Your defense attorney will work aggressively to create doubt in both of these areas.
The Judge Decides
The judge does not decide if the accused is guilty or innocent. The judge does not need to determine if any party is telling the truth or lying. Instead, the judge decides if there is enough evidence that this could have occurred and likely is what happened. This low standard of probable cause means that the judge believes the case should move on to the jury for further consideration.
What Happens Next
After a preliminary hearing and a judge’s decision, one of several things can occur:
- The party is bound over for trial. This means the state meets the legal standard. The judge agrees that a trial is necessary. The case then goes to the district court for an arraignment. A trial is set.
- The judge dismisses the case. The judge may rule that there is no substantial evidence to hold the defendant, meaning the state did not meet the legal standard. The judge dismisses the case and charges against the accused.
- A waiver is issued. In some situations, the defendant may elect a waiver. That means the defendant waives their right to the hearing and instead waits for the case to go to trial.
In every situation, a preliminary hearing is just a first step. It is a critical step in the process. Seek out the help of an experienced defense attorney in Oklahoma City if you are facing any charges.
