Arraignment on Criminal Charges in Oklahoma
Arraignment on Criminal Charges in Oklahoma
CANNON & ASSOCIATES is dedicated to Fierce Advocacy for those facing Criminal Prosecution. It is crucial you contact an experienced Oklahoma Criminal Defense Attorney, if you have been arrested for any criminal allegation. This page is an overview of how to get out of jail after arrest in Oklahoma. Specifically, hiring a bondsman or posting bail in Oklahoma.
What is an Arraignment?
Arraignment is the first time you will appear before the Court with competent jurisdiction to answer for the filed criminal charges brought against you. At arraignment, you will stand before the judge, hopefully with your hired criminal defense attorney, be informed of the charges filed against you by the prosecuting office, and be asked to enter a plea to the charges. We previously discussed proposed charges by the arresting officer or law enforcement agency. The opinion of the arresting agency, their reports, and other information factors into the charges filed by the prosecuting office. Although, the prosecutor must rely on competent evidence in deciding what charges to file, he/she has wide discretion on what offenses to file. This discretion is sometimes used improperly, which an experienced criminal defense attorney can zero in on and capitalize.
Determining Your Arraignment Date
The arraignment date you received in custody may be incorrect. You need to hire an attorney or check on a regular basis with the judge handling the arraignment to ensure you appear at the right time, place, and date. Failing to appear for arraignment can result in your bond/bail being for revoked and potentially denied. You will not be able to get out of jail without the assistance of an experienced criminal defense attorney, if your bond is denied.
In Oklahoma state court proceedings, the document used to charge you is called the information. The information lists the title of the crime or crimes charged; a brief factual summary of each charge, including the date; the statutory reference for the charge; and the signature of an Assistant District Attorney filing the charge. In some counties, the prosecutor who files the charge will try the case; however, in other larger counties the prosecutor that filed the case may not ever be involved again.
How Do I Plea at Arraignment?
The default plea at arraignment is Not Guilty. Even if you and your attorney will seek a plea agreement from the beginning of your case, you should enter a plea of Not Guilty at arraignment. The prosecutor assigned to your case will likely not attend your arraignment and it is a non-confrontational appearance. In fact, the other side may not ever be in the courtroom.
In custody arraignment, i.e. you do not bond out of jail, will be held by video or an informal proceeding with the judge. The judge will provide you the same information indicated above; however, the timeframe for arraignment for those in custody is much shorter than out of custody defendants.
Will a Warrant be Issued for My Arrest?
If charges are filed against you and you were never arrested a warrant will be issued for your arrest. Although this is sounds scary, you can avoid arrest by hiring a bail bondsman to conduct a “walk-through” with you at the county jail. The “walk-through” process takes a few hours. The information needed by the jail is collected and you get to walk out of the jail the same day with your bail bondsman.
In additional to the information previously discussed, the judge will advise you of your Constitutional Rights at arraignment. Rights you should discuss at greater length with your criminal defense attorney. Arraignment is the first official date you face the charges filed against you. You and your criminal defense attorney will be advised of the assigned District Judge, if your case is a felony. Often, the prosecutor handling your case will not even get your file until after you are arraigned. What that means for you and your attorney is your criminal defense attorney can lock down who will be prosecuting your case and continue to work towards the best possible outcome for you and your case.
CONCLUSION
Being arrested is a scary experience, but staying in jail during your criminal case will hurt your chances for a favorable outcome on your criminal case in Oklahoma. Regardless of how you or your loved one gets out of jail during your criminal case, it is an invaluable tool for you and your criminal defense attorney.
Experience matters when your freedom or the freedom of a loved one is on the line. It is important to know the attorney you hire is a Fierce Advocate and has experience defending criminal cases. John Cannon, owner of CANNON & ASSOCIATES, PLLC, will personally work along-side you during the entire process, including meeting with you in jail until you are released.
John has been honored by being identified as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association. John has the experience you need and will bring it to bear in your case. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES to protect your freedom and Fight your Case. You may send an email inquiry, complete the contact form on our website, or call at (405) 657-2323.
