Bryan County Criminal Court handles all criminal cases that are filed in Bryan County. See below for more information about criminal cases in Bryan County.
Where will Bryan County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Bryan County. See here for the location of the criminal courts in Bryan County.
Bryan County Arraignments
An arraignment is a court hearing. In Bryan County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Bryan County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Bryan County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Can I request a Plea Agreement?
In Bryan County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Prosecutor in Bryan County
In Bryan County, the prosecutor is an attorney representing Bryan County. In some cases, the prosecutor may actually represent Oklahoma. For the most part, the prosecutor in Bryan County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
Jury Deliberations in Bryan County
In Bryan County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Mandatory Appearances in Bryan County Criminal Court
At a mandatory or required court appearance in Bryan County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
What if I can’t afford an attorney?
The 6th Amendment guarantees you the right to an attorney whether or not you can afford one. If you cannot afford one, a public defender will be appointed by the court to represent you.
I need help for my Bryan County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Bryan County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Bryan County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Bryan County Criminal Court Locations
Bryan County District Court
Address: 402 West Evergreen Street, Durant, OK 74701
Phone: 580-924-1446 Fax: 580-931-0577
Achille Municipal Court
Address: 500 North 2nd Avenue, PO Box 190, Achille, OK 74720
Bennington Municipal Court
Address: 325 North Perry Street, PO Box 6, Bennington, OK 74723
Bokchito Municipal Court
Address: 117 East Main Street, PO Box 174, Bokchito, OK 74726
Phone: 580-295-3775 Ext. 302 Fax: 580-295-3777
Caddo Municipal Court
Address: 120 Buffalo Street, PO Box 105, City of Caddo, OK 74729
Calera Municipal Court
Address: 110 West Main Street, Calera, OK 74730
Phone: 580-434-5420 Fax: 580-434-5498
Colbert Municipal Court
Address: 705 Moore Avenue, PO Box 1179, Colbert, OK 74733
Durant Municipal Court
Address: 300 West Evergreen Street, PO Box 578, Durant, OK 74702
Kenefic Municipal Court
Address: 311 Pauline Street, PO Box 67, Kenefic, OK 74748