Osage County Criminal Court hears all criminal cases in Osage County. Below you will find specific information about criminal cases and how they are handled in Osage County.
Required Court Appearances in Osage County
Any required court appearances in Osage 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.
Where will Osage County criminal case hearings take place?
Criminal cases will take place at the criminal courts of Osage County. See here for the location of the criminal courts in Osage County.
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.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
Can I request a Plea Agreement?
In Osage 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.
Who can help me in Osage County?
For general information about your case the Osage County court clerk will be able to provide legal information about your specific criminal case. Legal information is not legal advice though, the court clerk will only be able to provide information about your case, like date/time of hearings what will occur at the hearing and what you may be required to do in the hearing. They cannot provide advice about what you should do or what the best legal options may be for your particular case. Only an attorney can provide legal advice and this is your best place for information about your specific criminal proceeding. If you cannot afford to hire a private attorney to represent you, a judge will appoint an attorney to represent you, this is most often a public defender.
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Prosecutor in Osage County
In Osage County, the prosecutor is an attorney representing Osage County. In some cases, the prosecutor may actually represent Oklahoma. For the most part, the prosecutor in Osage County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
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.
Osage County Arraignments
An arraignment is a court hearing. In Osage County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Osage 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 Osage 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.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Osage County Criminal Court Locations
Osage County District Court
Address: 600 Grandview Avenue, Pawhuska, OK 74056
Avant Municipal Court
Address: 235 Broadway Street, Avant, OK 74001
Barnsdall Municipal Court
Address: 409 West Main Street, Barnsdall, OK 74002
Fairfax Municipal Court
Address: 150 East Elm, Fairfax, OK 74627
Hominy Municipal Court
Address: 219 West Main Street, Hominy, OK 74035
Pawhuska Municipal Court
Address: 118 West Main Street, Pawhuska, OK 74056
Phone: 918-287-3040 Ext. 207 Fax: 918-287-2841
Shidler Municipal Court
Address: 351 North Cosden Avenue, Shidler, OK 74652
Skiatook Municipal Court
Address: 110 North Broadway, Skiatook, OK 74070
Phone: 918-396-2797 Ext. 106
Wynona Municipal Court
Address: 315 West Osage, Wynona, OK 74084