Lincoln County Criminal Court handles all criminal cases that are filed in Lincoln County. See below for more information about criminal cases in Lincoln County.
The Right to Counsel
The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.
Where can I get help for my Lincoln County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Lincoln County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Lincoln County Criminal Court hearings
Criminal hearings in Lincoln County will take place at the Lincoln County Criminal Courts. Please see here for a list of the Lincoln County Criminal Court Locations.
Mandatory Appearances in Lincoln County Criminal Court
At a mandatory or required court appearance in Lincoln 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.
What is a Plea Agreement?
A plea agreement is a deal made between the prosecution and the defendant in a case, where the defendant agrees to plea guilty to a particular charge in exchange for some concession from the prosecutor. In practice, more than 90% of criminal cases end with a plea agreement.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
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.
Sentencing in Lincoln County
In Lincoln County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different sentence.
Prosecutor in Lincoln County
In Lincoln County, the prosecutor is an attorney representing Lincoln County. In some cases, the prosecutor may actually represent Oklahoma. For the most part, the prosecutor in Lincoln County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
In a jury trial in Lincoln County, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Lincoln County Arraignments
An arraignment is a court hearing. In Lincoln County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Lincoln 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 Lincoln 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.
Lincoln County Criminal Court Locations
Lincoln County District Court
Address: 811 Manvel Avenue, PO Box 307, Chandler, OK 74834
Phone: 405-258-1309 Fax: 405-258-3067
Agra Municipal Court
Address: 22 South Main Street, Agra, OK 74824
Carney Municipal Court
Address: 202 North Main Street, Carney, OK 74832
Chandler Municipal Court
Address: 414 Manvel Avenue, Chandler, OK 74834
Davenport Municipal Court
Address: 214 Broadway, Davenport, OK 74026
Meeker Municipal Court
Address: 510 West Carl Hubbell Blvd, Meeker, OK 74855
Prague Municipal Court
Address: 820 North Jim Thorpe Boulevard, Prague, OK 74864
Stroud Municipal Court
Address: 220 West 2nd Street, PO Box 500, Stroud, OK 74079
Tryon Municipal Court
Address: 23 South Main Street, Tryon, OK 74875
Wellston Municipal Court
Address: 211 Cedar Street, Wellston, OK 74881