Seminole County Criminal Court handles all criminal cases that are filed in Seminole County. See below for more information about criminal cases in Seminole County.
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.
Seminole County Criminal Court locations
Criminal proceedings take place in the Seminole County Criminal Courts. A list of the criminal courts are located here.
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.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Seminole County a public defender will be appointed by the judge if you cannot afford private representation.
Mandatory Appearances in Seminole County Criminal Court
At a mandatory or required court appearance in Seminole 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.
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Seminole County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
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.
Prosecutor in Seminole County
In Seminole County, the prosecutor is an attorney representing Seminole County. In some cases, the prosecutor may actually represent Oklahoma. For the most part, the prosecutor in Seminole County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Where can I get help for my Seminole 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 Seminole 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.
Sentencing in Seminole County
In Seminole 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.
Arraignments in Seminole County
During an arraignment in Seminole County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Seminole County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Seminole County the defendant may be sentenced at that time or the sentencing may take place at a later date.
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.
Seminole County Criminal Court Locations
Seminole County District Court
Address: 120 South Wewoka Avenue, PO Box 130, Wewoka, OK 74884
Phone: 405-257-6236 Fax: 405-257-2631
Cromwell Municipal Court
Address: 100 Jenkins Street, Cromwell, OK 74837
Konawa Municipal Court
Address: 122 North Broadway Street, Konawa, OK 74849
Seminole Municipal Court
Address: 401 North Main Street, PO Box 1218, Seminole, OK 74818
Phone: 405-382-4330 Ext. 251
Wewoka Municipal Court
Address: 123 South Mekusukey Street, PO Box 1497, Wewoka, OK 74884