Being arrested is one of the most stressful experiences anyone can face. Whether you are the one taken into custody or you are watching a loved one go through the process, the uncertainty and fear can be overwhelming. Understanding what happens after an arrest in Oklahoma can help you make informed decisions that protect your future and your rights.
At Cannon & Associates, we believe knowledge is power. Our team of award winning criminal defense attorneys has helped hundreds of Oklahomans navigate the criminal justice system, and we are committed to providing the information you need during this difficult time.
The Arrest and Booking Process
When someone is arrested in Oklahoma, the case process does not begin immediately. First, law enforcement must complete the arresting and booking process. This typically involves being transported to either a police station holding cell or, more commonly, the county jail where the arrest occurred.
Once at the jail, you will be booked in. This process includes being fingerprinted, having your photograph taken, and having all your personal property inventoried and stored. After booking is complete, you will be placed in a holding cell.
Hopefully, you will be given access to a phone call shortly after being taken into custody. This call is crucial because it allows you to contact family members or a bail bondsman to begin the process of getting you released.
Understanding Bond in Oklahoma
Once the booking process is complete, the sheriff’s department will set a bond amount before you have the opportunity to see a judge. This initial bond amount is based on the alleged charges presented by the arresting officer and follows a bail schedule that exists in most county jails.
The purpose of bail in Oklahoma serves two primary functions: ensuring your presence in court and protecting the community. You or a loved one can contact a bail bondsman or post a cash bond through the court clerk’s office to secure your release while the case is pending.
It is important to understand that you and your attorney have the opportunity to go before a judge and seek a reduced bond. If you can present facts and evidence showing that you are not a flight risk and not a threat to the community, the judge may lower your bail or even grant a conditioned bond where no money is required up front.
How Prosecutors Make Filing Decisions
After your arrest, the law enforcement officer who arrested you is obligated to get the charges to the prosecution office overseeing the county where you were arrested. This begins the evaluation process that will determine your future.
Prosecutors receive case packets daily and spend significant time reviewing police reports, watching available video footage, and potentially meeting with officers or detectives. In serious cases, prosecutors may request additional investigation before making a filing decision.
One critical point to understand is the difference in burden of proof. While a criminal conviction requires proof beyond a reasonable doubt, prosecutors only need probable cause to file charges. This is the same standard that allowed the police officer to arrest you. If a prosecutor believes there is probable cause that you committed a crime, they can file charges immediately and work on strengthening their case later.
Protecting Your Rights From the Start
The decisions you make in the hours and days following an arrest can have lasting consequences for your case. Having experienced legal representation from the beginning can make the difference between a dismissal and a conviction.
At Cannon & Associates, our dismissal driven defense approach means we start building your case from day one. With over 900 five star client reviews, our award winning attorneys understand what it takes to achieve the best possible outcome for your situation.