Sequoyah County Criminal Court handles all criminal cases that are filed in Sequoyah County. See below for more information about criminal cases in Sequoyah County.
Where can I get help for my Sequoyah 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 Sequoyah 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.
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.
In a jury trial in Sequoyah 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.
Can I request a Plea Agreement?
In Sequoyah 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.
Sequoyah County Prosecutor
For criminal cases in Sequoyah County, the prosecutor will be a representative of Sequoyah County. The Sequoyah 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.
Sequoyah County Criminal Court locations
Criminal proceedings take place in the Sequoyah County Criminal Courts. A list of the criminal courts are located here.
Mandatory Appearances in Sequoyah County Criminal Court
At a mandatory or required court appearance in Sequoyah 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.
The Right to Trial by Jury
The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.
Sequoyah County Arraignments
An arraignment is a court hearing. In Sequoyah County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Sequoyah 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 Sequoyah 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.
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
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.
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.
Sequoyah County Criminal Court Locations
Sequoyah County District Court
Address: 120 East Chickasaw Street, Sallisaw, OK 74955
Phone: 918-775-4411 Fax: 918-775-1223
Gans Municipal Court
Address: 102 South Stacey Avenue, Gans, OK 74936
Gore Municipal Court
Address: 1201 North Main Street, Gore, OK 74435
Marble City Municipal Court
Address: Main Street, Marble City, OK 74945
Moffett Municipal Court
Address: 300 Grand Avenue, Moffett, OK 74946
Muldrow Municipal Court
Address: 100 South Main Street, Muldrow, OK 74948
Roland Municipal Court
Address: 801 South Roland Road, Roland, OK 74954
Phone: 918-427-6829 Ext. 221
Sallisaw Municipal Court
Address: 115 East Choctaw Avenue, Sallisaw, OK 74955
Phone: 918-775-6241 Fax: 918-775-4106
Vian Municipal Court
Address: 107 Thornton Street, Vian, OK 74962