Oklahoma Court Process &
Answers to Common Legal Questions
Free initial consultation
Diver Law Firm believes in thoroughly understanding the circumstances of a case and the facts surrounding it. That is why our firm offers a FREE initial case consultation - entirely confidential and absolutely no strings attached.
Fee structure
In most cases, we charge a flat rate legal fee, which includes legal representation for the criminal case brought against you. Legal fees are determined on a case-by-case basis; the type of criminal charge(s), the amount of time needed to investigate the case, and many other factors will be considered when setting the fee. Diver Law Firm believes in establishing the fee up-front. This means that you will always know exactly how much you are going to pay - Diver Law Firm does not impose hidden costs or additional fees after the fact.
Payments may be made by cash, check, or credit card. If you are not able to pay the fee in full after the initial consultation, a payment plan can be arranged accordingly.
Payment plans
Many times, defendants in criminal cases elect not to retain the services of an experienced criminal justice lawyer simply because of cost. Although quality legal representation does not come cheap, our firm’s rates and legal fees are far more competitive than many other criminal defense attorney while still providing the absolute best defense possible. Diver Law Firm will always work with our clients to ease the financial burden of a criminal case and help to offer flexible payment plans.
Diver Law Firm believes that you should have access to quality legal representation and you should pay for just that - not for the costly advertising or swanky office many local attorneys require. Our work speaks for itself; that’s why we enjoy a significant amount of referrals and word-of-mouth business. We believe that providing clients with the best quality service is the best form of advertising. When you meet and exceed your client’s expectations, they reward you with word-of-mouth advertising and by recommending your services to friends and family.
Resources:
Oklahoma District Court Records (OCIS Counties)
Oklahoma District Court Records (Non-OCIS Counties)
What should i do if im under investigation?
In most cases, a person will be the subject or target of a law enforcement investigation prior to an arrest being made. If you are a person of interest or the target of an investigation, law enforcement may want to speak with you informally or they may attempt to search your person or property for evidence of a crime. Some people are hesitant to invoke their constitutional rights to silence and an attorney. Some may think that by talking to police, they can explain things away and avoid charges, or by letting them conduct a search, they will find nothing to incriminate you. If you are being investigated for any crime you should immediately do two things: do not say anything and call an attorney.
You should not wait until you have been arrested to hire a lawyer. As soon as you become aware that you are being investigated or targeted by law enforcement, retain the services of an experience Oklahoma criminal defense lawyer.
Civil action vs. criminal action
It is important to understand the difference between a criminal action and a civil cause of action. Civil actions typically pertain to private litigation between two or more citizens. This is a broad label that can be applied to instances where individuals seek to settle disputes in a court of law and seek a binding disposition to the conflict involved. Oftentimes, this means seeking money damages or injunctions.
Criminal actions are ones where an individual or business is being prosecuted by either the state or federal government. The criminal action proceeds through the judicial system, beginning with an initial hearing or arraignment. This is where the judge informs you of what you are being charged with and you will be permitted to enter a plea.
Before an actual trial, you and your defense team will file any pretrial motions that may be applicable in your case. This can include a motion challenging the admissibility of certain evidence or a motion to dismiss the case altogether. In some cases, pretrial motions can result in the prosecution entertaining a more advantageous plea bargain.
What’s the different between a felony & misdemeanor?
A felony is treated as the most serious criminal offense and is usually a more serious crime that carries a significant jail sentence and or fine. Felonies can also result in life imprisonment or even the death penalty. On the other hand, a misdemeanor is not as serious an offense and usually only carries a maximum sentence of one (1) year in county jail.
If i am convicted of a crime, will it be a public record?
Yes. Unfortunately, a conviction for either a misdemeanor or a felony is a public record and may be accessed by the public, potential employers, or schools. However, you may be able to get the record of the conviction and possibly record of the arrest expunged. Complete a Free Oklahoma Expungement Application for more information on your eligibility.
do i need to hire an attorney right away?
It is very helpful to have a criminal justice attorney defending you at every stage in the criminal process. The criminal justice system can be a confusing process and it helps to have someone by your side that has been through the process numerous times. Hiring an experienced criminal lawyer as soon as the criminal process begins can help lower your bail or even negotiate to have you released on your own recognizance (O.R. Bond) without putting up any money.
There are also times when your criminal attorney may be able to excuse your appearance at some scheduled court dates. In any event, you should always check with your attorney before you decide to not be physically present at any scheduled court hearing.
Motion hearings
An effective alternative to trial would be to try resolving the criminal matter through the use of motions. Motions are filed for a variety of reasons, but oftentimes to litigate legal issues that go to the merits of the case. For example, you and your defense team may file a Motion to Dismiss or a Motion to Suppress Evidence. A win on either one of these motions could lead to the judge to dismiss the case.
do i get a preliminary hearing?
In Oklahoma, you are entitled to a preliminary hearing, which is used to determine whether the State can show that there was probable cause to arrest and charge you in the first place. There are significant implications should you exercise your right to a preliminary hearing or should you waive that right. You should always consult with a criminal lawyer before doing so.
Jury trial
If your case is not resolved after pretrial motions or at a preliminary hearing, your case will be scheduled for a jury trial. A jury trial involves the prosecution and defense making opening statements, the prosecution calling witnesses and admitting evidence, the defense presenting their case, and the jury rendering a verdict. The verdict must be unanimous; just one dissenting vote or disagreement amongst jurors can result in a hung jury or cause a mistrial.
I have a criminal record, can i get it cleared?
For most people, a record of past criminal conduct has a lingering negative impact on their lives. It can be difficult finding a job, obtaining a housing lease, being accepting into schools and universities, and much more. Oklahoma law allows for the expungement of certain misdemeanors and nonviolent felony records under certain conditions. Read more about clearing your record and Complete a Free Oklahoma Expungement Application for more information on your eligibility.
Plea Bargaining
In some cases, you may be able to secure a lighter sentence in exchange for a plea of guilty, so long as the plea is entered before the case has progressed to the trial level or prosecution has done too much work. It is important to understand that by pleading guilty and accepting an agreed plea bargain, you have the security of knowing exactly what the sentence will require unlike a jury trial or blind plea. It is also important to know that by pleading guilty, you admit fault and take full responsibility for your actions; you should only accept a plea bargain if you are guilty. There are certain considerations you should understand before accepting a guilty plea. Click here to find out more information about the plea bargaining process and if it makes sense in your case.
Suspended Sentence
A suspended sentence is a conviction in which you receive a term of jail or imprisonment however, either part or the entire term is not required. Receiving a suspended sentence can be beneficial to avoid incarceration however, you will be under strict supervision for a certain period of time.
blind plea
Another alternative to a trial or agreed plea agreement is a blind plea. A blind plea occurs when an individual does not accept the prosecution’s plea offer, and instead pleads guilty to leave sentencing entirely up to the judge. This is where it is absolutely vital for your attorney to have an understanding how the judge will rule in the case, as the judge has full discretion on sentencing.
Deferred Sentence
In Oklahoma, a deferred sentence means that the judge will defer sentencing you in the criminal matter for a certain period of time in which you will be on probation and be required to complete the negotiated terms and condition of the plea agreement. If you are successful, the judge will change your plea to not guilty and dismiss the charge on the day of sentencing.
Deferment programs
In certain cases, deferment programs are available for some who qualify because of age, alleged offenses, and criminal history. When a deferred sentence is unavailable and you wish to avoid a conviction and/or jail time, a deferment or diversion program may be your best alternative.
Law Enforcement Interactions
Am i under arrest or am i being detained?
The best way to know if you are in law enforcement custody is to politely ask, “Am I being detained, or am I free to go?” If law enforcement has no legal right to hold you then you should be free to leave at your will. However, you may be stopped or detained without an arrest being made, even though you may not be informed of this, you do not have to speak to police. If you are placed under arrest, you should be informed of your rights (Miranda rights) and will likely be transported to the county jail. At this point, you should immediately call a lawyer who can provide legal counsel during any interrogation or questioning.
If you or a loved one has been detained or arrested, read more about Oklahoma’s Bail Bond Process. Get the information you need when considering posting bond for someone who has been taken into custody.
What are my Miranda rights?
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
A familiar phrase from Miranda v. Arizona, 384 U.S. 436 (1966) and if you ever find yourself confronted with, always remember to explicitly invoke your right to an attorney before proceeding. However, it is also important to know that these protections do not apply anytime a law enforcement officer merely attempts to question you. There are two conditions that must be met prior to the application of Miranda: first, you must be in custody and second, you must be the subject of an interrogation. These are legal terms of art and require a full understanding of the circumstances of your interaction with law enforcement to determine whether the conditions are met. In any event, both of these conditions must be met before law enforcement is legally obligated to inform you of your Miranda Rights. If you have been subjected to an in custody interrogation by law enforcement and they did not read you your Miranda Rights, your Constitutional Rights have been violated and you should consult with an experienced Oklahoma criminal defense attorney.
If I am Stopped by law enforcement, when can they search me or my property?
It is important to know that law enforcement may search any area where a person does not have an expectation of privacy. When a person is determined to have an expectation of privacy, law enforcement may only search a person or their property in three situations: if law enforcement receives consent to search, if law enforcement has obtained a valid warrant, or if law enforcement can show that circumstances exist that negate the warrant requirement. There are several exceptions to the warrant requirement. The Supreme Court has ruled that warrantless police conduct complies with the Fourth Amendment so long as it is reasonable under the circumstances. Most exceptions made to the Fourth Amendment’s warrant requirement typically reflect the reluctance to unduly impede law enforcement. However, there is a balance between the practical realities of daily police work and your privacy and freedom interests. This is why you should always consult with an experienced Oklahoma criminal defense lawyer that can suppress any improperly obtained evidence used against you.
what should i do if i am stopped by law ENFORCEMENT and asked if i have been drinking?
It is always important that you be courteous and polite in your interactions with law enforcement. However, you should never admit guilty and your should never apologize for any actions that you took. Despite what you may think, you should never attempt to talk your way out of the situation. If an officer asks you whether you have been drinking, it is always best to invoke your right to an attorney. Simply respond with, “I would like to speak to an attorney before answering any questions.”
What should i do if law enforcement asks to take a field sobriety test?
You are not legally obligated to take any field sobriety test. A field sobriety test is a highly subjective procedure and you should never agree to take one. It is important to know that under no circumstances are you required to take a standard field sobriety test and they are not 100% accurate. If an officer asks you to consent to a field sobriety test you should always respond with your request to speak to an attorney before deciding what to do. There are several factors that can skew the results of a field sobriety test however, law enforcement will often disregard those and proceed with the examination.
if i decline a sobriety test, should i take the chemical bac test?
In general, it is not a good idea to refuse the chemical test, or breathalyzer, in Oklahoma. In some cases, you may have a prior DUI conviction and are concerned about jail time, you should only avoid or refuse the chemical test if you are 100% sure you can pass it. If you do refuse to submit to chemical testing, it is important to consider the repercussions.
License Suspension - if you refuse to submit to a lawful request for a breath, blood, or urine test then you will have you license seized and revoked for 180 days to three years, following 18 months to five years of an ignition interlock device.
Evidentiary Use - the fact that you refused to submit to a chemical test can actually be used against you at trial. Although a refusal is not sufficient on its own to prove intoxication, it can be used as an indicator of intoxication - a BAC test is not required for a jury to find a person guilty of driving under the influence.
Warrant - if a person refuses to submit to a chemical BAC test, law enforcement can obtain a warrant to obtain a blood draw. Once a warrant is obtain, you cannot refuse testing - you may be required to submit to a blood draw by force, if necessary.
In the event you do submit to a chemical test (typically a breath test or breathalyzer), politely request that law enforcement conduct a blood test immediately after taking the breath test. Insist that you undergo a blood test and that you will pay for the entire cost of the test. Police will most likely attempt to talk you out of this by saying it will not matter or it costs too much - do not let them convince you.
What if i have a question not addressed here? who can i call for help?
Diver Law Firm provide several resources for you to get the help that you need in finding answers to desperate questions and in securing the legal representation that you deserve
To speak with an experienced and dedicated attorney about your case, submit the free and confidential case review form or call today at (405) 896-8080.