Anytime someone is arrested, a judge has to approve the arrest. If the police had a warrant, a judge already approved it. If without a warrant, a magistrate judge will review a probable cause affidavit and either approve or release you from jail within forty-eight (48) hours. After that depending on what county your case is in, the next step and time frame is a little different, but essentially you will return for your Initial Appearance. At an Initial Appearance, the judge informs you what charges the district attorney’s office filed. Many times these charges will be the same as why you were arrested, but not always.
After that in nearly all counties, you will be ordered to return with an attorney to a docket called either a pre-preliminary hearing or preliminary hearing conference. At that docket, your attorney can speak with the District Attorney and get their offer and the police reports. At that time, your attorney will either set the case for preliminary hearing, or have you waive your right to that hearing and proceed to district court arraignment. A preliminary hearing is when the State must show probable cause that a crime was committed and. that you committed. Probable cause is very low burden and only requires a showing “where the facts and circumstances within the officers’ knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.” Brinegar v. U.S., 338 U.S. 160 (1949). If there isn’t sufficient probable cause, the magistrate judge will dismiss some or all of the charges, but this rarely happens unless a necessary witness does not appear. The danger in having a preliminary hearing is that the State can ask the magistrate judge to add additional charges based on the testimony.
After the preliminary hearing or waiver, the case moves to district court arraignment, where you make a formal plea to the charges. Most of the time at this first date, you will enter a not guilty plea unless you already have a deal worked out. If you plead not guilty, the case moves towards a pre-trial or disposition docket to schedule a jury trial. This should help you understand the basics of the criminal process in Oklahoma. More explanations to come!
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