Crime Committed/ Police Notified

Police Investigate

Investigation may include interviewing victim, witnesses, suspects; collecting physical evidence; visiting, viewing, photographing, measuring crime scene

Police Make an Arrest (or Request a Warrant)

Warrant/Charging Request Reviewed by Prosecuting Attorney

Most cases begin with a warrant request. This is generally the first time that the Prosecuting Attorney's office is involved in a case, unless a prosecutor reviewed a search warrant or visited the crime scene. At this stage, the Prosecutor determines whether a person should be charged with a crime and, if so, what the crime should be. Occasionally, the reviewing Prosecutor sends the case back to the police to conduct additional investigation.

Warrant Issued

The Prosecutor can issue a charge if he or she reasonably believes that probable cause exists that the suspect committed the offense. But, most reviewing Prosecutors apply a higher standard whether the charge can be proved beyond a reasonable doubt at trial with the information known at that time.

Suspect Arrested (if not already in custody)

District Court Arraignment

At a felony arraignment in District Court, the defendant does not plead guilty or not guilty. He is advised of his right to a preliminary examination. The arraigning judge may also consider a defendant's request for a court-appointed attorney at this time.

Trial (Jury or Bench/Judge)

A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the Prosecutor's evidence. Both the defendant and the Prosecutor (representing the People of the State of Oklahoma) have the right to a trial by a jury. Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "bench trial". In a jury trial, the jury is the "trier of fact"; in a bench trial, the judge is. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime.

1. Residents of the local county are randomly selected from a list of licensed drivers, and are summoned to the Court as potential jurors.
2. A blind draw selects twelve people from that group in felonies (six in District Court misdemeanors).
3. Voir Dire: the Judge, Prosecutor and defense attorney question the jurors about their backgrounds and beliefs.
4. The attorneys are permitted a limited number of "peremptory" challenges to various jurors (or an unlimited number of challenges for good cause).
5. After twelve (or six) acceptable jurors remain, the Judge administers an oath to the jury and reads basic instructions about the trial process, etc.
6. The Prosecutor gives an opening statement to outline the People's case and evidence to the jury.
7. The defense may give a similar opening statement, or wait until later in the trial.
8. The Prosecutor calls witnesses, which the defense may cross examine.
9. The People close their proofs.
10. The defense may call witnesses, if it wants, and the Prosecutor may cross-examine them.
11. The defense rests.
12. The Prosecutor may present "rebuttal" witnesses/evidence to challenge evidence presented by the defendant during his proofs.
13. The Prosecutor rests.
14. Occasionally, the trial judge will let the defense present "sur-rebuttal" witnesses to respond to the Prosecutor's rebuttal witnesses' testimony.
15. The Prosecutor presents a closing summary to the jury.
16. The defense attorney presents a closing summary to the jury.
17. The Prosecutor may present a rebuttal argument to the jury to respond to the defendant's attorney's closing summary.
18. The judge gives the jury detailed legal instructions about the charged crimes, the deliberation process, etc.
19. The jury deliberates and returns a verdict. A criminal case jury verdict must be unanimous.

Pre-Sentence Investigation and Report

The court's probation department prepares a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds. Generally, the victim is contacted for a recommendation of sentence.

Sentence

For felonies, the District Court judge will consult "sentencing guidelines" (applicable by "Truth in Sentencing" laws). The sentencing guidelines factor in aspects of the defendant's criminal conduct and his prior record, to determine the minimum jail/prison sentence.

Appeals Process