Stages of an Oklahoma Misdemeanor Case

Before Charges Are Filed

Some misdemeanor cases begin with an investigation before anyone is arrested or charged. A detective may call and ask you to come to the station, answer a few questions, or “clear something up.” Police may contact you about an accusation from a former spouse, neighbor, store employee, accident witness, or another person before the prosecutor has decided whether to file a case.

If police want to question you about suspected criminal conduct, you should decline to answer questions and ask to speak with a lawyer. What you say during that conversation can become evidence. You do not need to help investigators build the case they are investigating.

A lawyer retained during the investigation may also be able to determine what is being investigated, communicate with law enforcement, preserve evidence, identify witnesses, or provide information to the prosecutor before a charging decision is made. Not every misdemeanor case has a pre-file investigation. Some begin with an arrest, citation, or criminal charge filed without advance warning.

Arrest, Citation, or Summons

A misdemeanor does not always begin with someone being taken to jail. Oklahoma law allows an officer who makes a warrantless misdemeanor arrest to issue a citation requiring the person to appear in court and release the person from custody. A judge also has authority in appropriate circumstances to issue a summons requiring the defendant to appear rather than an arrest warrant. Other misdemeanor arrests do involve booking, fingerprints, photographs, jail, and a bond.

The charge matters. So does the way the case began. If you receive a citation, summons, bond paperwork, or court date, do not treat it as optional simply because you were never placed in a jail cell. Missing a required court appearance creates a new and much more immediate problem.

The Prosecutor Files the Misdemeanor Charge

In a state court misdemeanor case, the prosecutor files the formal criminal charge that tells you what offense the State alleges you committed. The charge is an accusation. It is not proof that you committed the offense.

This is also where the case becomes easier to define. The filed charge identifies the statute the prosecutor is relying on, but the defense still needs to examine the underlying evidence rather than assuming the police report tells the complete story.

A misdemeanor case does not have the preliminary hearing stage used in felony prosecutions. Oklahoma law expressly prohibits preliminary examinations in misdemeanor cases. That means the case proceeds to arraignment and the later misdemeanor dockets without first requiring the State to establish probable cause at a preliminary hearing.

Arraignment and the First Plea

The arraignment is the formal beginning of the court process after the charge has been filed. The first plea at arraignment is always not guilty, even if you actually are guilty of the offense.

A not guilty plea is not a prediction that the case will ultimately go to trial. It preserves the ability to investigate the charge, obtain the State's evidence, evaluate legal issues, negotiate if appropriate, and make an informed decision after the case has actually been reviewed.

Oklahoma law does not require a misdemeanor defendant to be personally present at arraignment when the defendant appears through an attorney. In state and municipal misdemeanor cases that I handle, I ordinarily waive my client's appearance at arraignment and tell them not to appear. There is usually little reason to make a client pay for parking, wait in the courthouse security line, and then sit in a courtroom for a court date that may literally take only one minute while I enter my appearance, enter the not guilty plea, and obtain the next court setting. If a particular court requires the client to appear, I tell the client that. Otherwise, I handle the arraignment and tell the client not to come. After the not guilty plea, the court sets the next dates in the case.

Defense Investigation Happens Alongside Discovery

The police report is not the entire case. Depending on the accusation, Rob may need to locate witnesses, obtain surveillance video, preserve text messages or photographs, examine public records, inspect a location, review medical or business records, or obtain other evidence that never became part of the police investigation.

This work can start before all of the State's discovery has been produced. There is also an important timing problem with electronic evidence: video disappears, messages are deleted, businesses overwrite surveillance recordings, and witnesses become harder to locate. Evidence preservation sometimes needs to happen early rather than waiting for the next court date.

Tulsa County Jury Trial Sounding Docket

Tulsa County state misdemeanor cases commonly use a Jury Trial Sounding Docket, often shortened to JTSD, after arraignment. The name makes the hearing sound more dramatic than it is. A sounding docket is not the jury trial itself.

In my Tulsa County misdemeanor cases, very little substantive work usually happens at JTSD. It is quite possible that all of the discovery has not been turned over yet, especially body camera footage, surveillance video, or other recordings. I do not like to engage in plea negotiations without all of the available discovery because I do not yet have all of the information I need to evaluate the case and advise the client.

From the JTSD setting, I ordinarily have the case set for an Allen discovery hearing. That gives the State additional time to complete discovery and gives me time to review what has been produced and identify anything that is still missing.

Allen Discovery Hearings and the First Major Case Decision

Tulsa County uses Allen discovery hearings in criminal cases. An Allen hearing is usually not a hearing where the judge actually conducts a hearing and hears witness testimony. It is a discovery related setting used to determine whether the evidence required for the case to move forward has been exchanged by both sides.

By the Allen hearing, I usually have all of the discovery. That is normally the point where I can make an informed recommendation about what should happen next. Depending on the case, I may negotiate a plea agreement, file substantive motions as necessary, or set the case for a jury trial.

If material discovery is still missing, I do not treat the case as ready for a final decision simply because another court date has arrived. The missing evidence needs to be addressed before the client is asked to make an important decision about a plea or trial.

Oklahoma's discovery rules require ordinary discovery issues to be completed at least 30 days before trial, subject to the court's authority over scheduling and specific discovery disputes. A Tulsa County misdemeanor case may have an additional discovery setting when evidence remains outstanding or another issue needs to be resolved.

Motions Can Change What Evidence the Jury Ever Sees

Most misdemeanor cases do not require a motion hearing, but some cases turn on a legal issue that should be decided before trial. A motion may ask the court to resolve an issue involving a traffic stop, detention, search, statement to police, identification procedure, admissibility of evidence, or another question that affects what the prosecution is allowed to use. However, rulings by the Oklahoma Court of Criminal Appeals have severely restricted the types of pretrial motions that can be filed in a misdemeanor case.

For example, if evidence was obtained through an unconstitutional search, the defense can ask the court to suppress that evidence. A judge deciding a suppression motion is not deciding whether the client is guilty. The judge is deciding whether particular evidence may lawfully be used in the prosecution.

When I identify a substantive motion issue after reviewing discovery, I decide whether that issue should be litigated before the client makes a final decision about a plea or trial. A ruling on an important motion can materially change the strength of the case.

Negotiations, Motions, or Setting the Case for Trial

Most misdemeanor cases do not end with a jury verdict. Cases are dismissed. Charges are amended. Plea agreements are reached. Some defendants enter guilty or no contest pleas. Other cases remain contested and proceed toward trial.

I do not view plea negotiations as something that has to happen simply because the case has reached a particular docket date. I want the available discovery first. Once I know what the State has, what the evidence actually shows, and what legal issues exist, I can negotiate from an informed position and advise the client about the risks and benefits of a proposed resolution.

If a negotiated resolution does not make sense, the next step may be a substantive motion hearing or a jury trial setting. Some Tulsa County misdemeanor cases also receive additional disposition settings before trial, but the label on the docket is less important than whether the case is actually ready for the decision being made.

A Guilty or No-Contest Plea

A case that resolves by plea ends without a trial. Before entering a guilty or no contest plea, the defendant gives up important trial rights. The judge must decide whether to accept the plea, and sentencing will occur at that same hearing. In my experience, most misdemeanor pleas are accepted by the court, but there are rare exceptions where a judge has rejected a plea. If this happens, the plea deal either has to be renegotiated with the prosecution or the case has to be set for jury trial.

The consequences of a plea extend beyond the words “guilty” or “no contest.” The sentence may involve jail, a suspended or deferred sentence where legally available, probation, fines, costs, treatment, classes, community service, or other conditions.

Those sentencing issues are addressed more fully in the separate resource on Types of Oklahoma Sentences.

A plea is an important case decision. It should come after the evidence and consequences have been evaluated, not simply because the defendant has reached another docket date.

Jury Trial or Non-Jury Trial

If the case does not resolve, it can proceed to trial. An Oklahoma state misdemeanor jury consists of six jurors when the case carries a right to jury trial. Oklahoma law also excludes certain fine only offenses from jury trial, and the precise verdict requirement depends on the punishment authorized for the offense.

At trial, the prosecution has the burden of proving the charge beyond a reasonable doubt. The defendant does not have to prove his or her innocence. The defendant has the right to hear the evidence presented against him or her, to cross examine all prosecution witnesses, present defense evidence when appropriate, subpoena witnesses to appear on his or her behalf, and choose whether to testify or remain silent.

A non-jury trial, sometimes called a bench trial, places the decision in the hands of the judge rather than a jury. Whether a jury trial or non-jury trial is appropriate is a case specific strategic decision.

Sentencing If There Is a Conviction

A dismissal or not guilty verdict ends the criminal charge without sentencing. A guilty plea, no contest plea accepted by the court, or guilty verdict moves the case to sentencing.

The sentence depends on the offense, the applicable punishment range, prior record where legally relevant, the facts of the case, and the particular sentencing options available under Oklahoma law.

Sentencing is not merely an administrative step after the “real case” is over. The terms of the sentence can determine whether someone goes to jail, remains on probation, completes treatment or classes, pays financial obligations, or has other continuing requirements.

How Long Does an Oklahoma Misdemeanor Case Take?

There is no single timetable. A straightforward misdemeanor can resolve relatively early. A case involving extensive video, missing or disputed discovery, expert evidence, suppression issues, witness problems, additional municipal conference settings, or a jury trial takes longer.

Continuances also occur when additional evidence has not been produced, a motion needs to be heard, witnesses are unavailable, a client needs time to complete something relevant to a potential resolution, or the court's trial calendar requires another setting.

The better question is not simply, “How fast can this be over?” It is whether the case has been investigated and evaluated well enough to make the next decision intelligently.