Pittsburg County Criminal Court handles all criminal cases that are filed in Pittsburg County. See below for more information about criminal cases in Pittsburg County.
Where can I get help for my Pittsburg 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 Pittsburg 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.
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.
Required Court Appearances in Pittsburg County
Any required court appearances in Pittsburg 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.
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.
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.
Sentencing in Pittsburg County
In Pittsburg 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.
Pittsburg County Arraignments
An arraignment is a court hearing. In Pittsburg County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Pittsburg 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 Pittsburg 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 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.
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.
Pittsburg County Criminal Court locations
Criminal proceedings take place in the Pittsburg County Criminal Courts. A list of the criminal courts are located here.
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.
Pittsburg County Prosecutor
For criminal cases in Pittsburg County, the prosecutor will be a representative of Pittsburg County. The Pittsburg County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Pittsburg County Criminal Court Locations
Pittsburg County District Court
Address: 115 East Carl Albert Parkway, McAlester, OK 74501
Phone: 918-423-4859 Fax: 918-429-0945
Canadian Municipal Court
Address: 302 Southwest Tignor Street, Canadian, OK 74425
Haileyville Municipal Court
Address: 510 Main Street, Haileyville, OK 74546
Hartshorne Municipal Court
Address: 1101 Pennsylvania Avenue, Hartshorne, OK 74547
Kiowa Municipal Court
Address: 1 Harrison Street, Kiowa, OK 74553
Phone: 918-432-6244 Fax: 918-432-5690
Krebs Municipal Court
Address: 5 West Washington, PO Box 156, Krebs, OK 74554
McAlester Municipal Court
Address: 28 East Washington Street, PO Box 578, McAlester, OK 74502
Quinton Municipal Court
Address: 1021 Main Street, Quinton, OK 74561