Understanding Misdemeanor Cases in Oklahoma
Do you know how misdemeanor cases are handled? My name is Aaron Grubb. I’m a Tahlequah criminal defense attorney at Wirth Law Office, and in this video, we’re just going to talk about how misdemeanor cases are usually handled in Oklahoma.
The Process of Misdemeanor Cases
First things first—in misdemeanor cases, there’s not a whole lot of opportunity to present evidence before trial. This is just kind of the reality of misdemeanor cases, and it’s different from felony cases, which have evidentiary hearings like a preliminary hearing where you’re able to provide testimony in your own defense.
For misdemeanor cases, we’re mostly waiting to see if there’s some sort of deal that defense counsel and the prosecutor can work out before going to trial. Trial is where you present evidence, present your defense, and do so in front of either a judge or a jury.
Pre-Trial Preparation for Defense Attorneys
In the meantime, before trial, what defense attorneys get to do is focus heavily on discovery—on the information the state has provided. Attorneys review the evidence to see if the initial discovery is missing anything or references reports that weren’t included. They can raise this with the prosecutor and argue, “Hey, give me the rest of the material—I need it to build my defense.” Or they can bring it up to the judge and say, “The state isn’t complying with our discovery requests. This case should be dismissed.”
The second major thing defense attorneys do during the pre-trial stage is negotiate with the prosecutor. This can include pointing out weaknesses in the state’s case, highlighting any injustice done to the defendant, or making emotional or practical appeals. Sometimes, this involves negotiating for a deferred sentence in exchange for participation in something like a batterers’ intervention program or another condition.
That’s generally the kind of work being done on a misdemeanor case before trial.
Get Expert Legal Help Today
If you have any questions regarding your own criminal case or a family law case, please contact us here at Wirth Law Office, where we make law easy. Call Tahlequah misdemeanor defense attorney Aaron Grubb at (918) 458-2677 for a free consultation.
