Wagoner County Criminal Court

Wagoner County Criminal Court hears all criminal cases in Wagoner County. Below you will find specific information about criminal cases and how they are handled in Wagoner County.

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.

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.

Wagoner County Criminal Court

Wagoner County Criminal Court

What happens in Wagoner County at an arraignment?

In Wagoner 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.

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.

Wagoner County Criminal Court hearings

Criminal hearings in Wagoner County will take place at the Wagoner County Criminal Courts. Please see here for a list of the Wagoner County Criminal Court Locations.

Required Court Appearances in Wagoner County

Any required court appearances in Wagoner 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.

Appealing a Criminal Conviciton

A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.

I need help for my Wagoner County criminal case

The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Wagoner County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Wagoner County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.

Can I request a Plea Agreement?

In Wagoner 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.

Sentencing in Wagoner County

In Wagoner 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.

Wagoner County Prosecutor

For criminal cases in Wagoner County, the prosecutor will be a representative of Wagoner County. The Wagoner 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.

Jury Deliberation

In a jury trial in Wagoner 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.

Wagoner County Criminal Court Locations

  • Wagoner County District Court

    Address: 307 East Cherokee Street, PO Box 249, Wagoner, OK 74467
    Phone: 918-485-4508 Fax: 918-485-5836

  • Coweta Municipal Court

    Address: 216 South Broadway, PO Box 850, Coweta, OK 74429
    Phone: 918-486-2189 Fax: 918-486-5366

  • Okay Municipal Court

    Address: 7420 North 37th Street East, Okay, OK 74446
    Phone: 918-687-6585

  • Porter Municipal Court

    Address: 617 South Main Street, Porter, OK 74454
    Phone: 918-483-8331

  • Wagoner Municipal Court

    Address: 231 Church Street, Wagoner, OK 74477
    Phone: 918-485-2554 Ext. 222 Fax: 918-485-4748

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