Okfuskee County Criminal Court hears all criminal cases in Okfuskee County. Below you will find specific information about criminal cases and how they are handled in Okfuskee County.
Sentencing in Okfuskee County
In Okfuskee 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.
Where will Okfuskee County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Okfuskee County. See here for the location of the criminal courts in Okfuskee County.
Jury Deliberations in Okfuskee County
In Okfuskee 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.
Where can I get help for my Okfuskee 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 Okfuskee 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.
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.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
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.
Required Court Appearances in Okfuskee County
Any required court appearances in Okfuskee County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Prosecutor in Okfuskee County
In Okfuskee County, the prosecutor is an attorney representing Okfuskee County. In some cases, the prosecutor may actually represent Oklahoma. For the most part, the prosecutor in Okfuskee County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Can I request a Plea Agreement?
In Okfuskee 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.
What happens in Okfuskee County at an arraignment?
In Okfuskee County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
Okfuskee County Criminal Court Locations
Okfuskee County District Court
Address: 3rd & Atlanta Streets, Okemah, OK 74859
Phone: 918-623-0525 Fax: 918-623-2687
Boley Municipal Court
Address: 309 South Pecan Street, Boley, OK 74829
Okemah Municipal Court
Address: 502 West Broadway Street, Okemah, OK 74859
Weleetka Municipal Court
Address: 120 West 8th Street, Weleetka, OK 74880