Anatomy of a felony – Norman Transcript

Editors Note: The purpose of this story is to explain the criminal process for individuals who have been arrested on suspicion of committing a felony. In addition, Cleveland County court officials and attorneys comments in this story were not made in reference to any specific case.

Like a living organism, the criminal justice system has an anatomy an anatomy that is well studied and well known to its juris doctors, yet complex.

The process for a person who has been arrested in connection with committing a felony starts with rights outlined in the U.S. Constitution meant to protect people both foreign and domestic.

Our rights are so valuable because of the price that has been paid for them, Norman attorney David Smith. If we dont take care of these rights, then those veterans died for nothing.

According to the U.S. Constitution, in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. (U.S. Constitution, Amendment VI)

Following an arrest, a person is booked into a county jail on recommended charges from the arresting agency. The accused is held on a jail bond until a district court judge issues bail in relation to charges the district attorneys office decides to file. Jail bonds are a set amount decided by county and court officials.

According to a 2007 Cleveland County general order, persons in jail for charges that include traffic violations, alcohol, drugs and larceny can be released on their own recognizance. For violent offenses, such as assault and murder, jail bonds can range between $1,000 and no bond, meaning the person is held without bond until they appear before a judge for their first court appearance.

The initial appearance is where the accused is advised of charges they are facing, their rights, issued a bail or released on their own recognizance and given another court date.

The law is clear in what a judge has to take into account when setting bail, Cleveland County Special Judge Steve Stice said. This can include looking at the nature of the crime, employment history, any priors for failing to appear, has the person hired counsel, and do they have members of the community who will vouch for them. Bail is only to ensure the person will come back to court; its not meant for punishment.

The next step is a preliminary hearing conference, where the defense and prosecution meet andthe district attorney can offeran initial plea deal. If the deal is accepted, a disposition or sentencing date is set. If not, a preliminary or probable cause hearing is set.

A preliminary hearing is the first time evidence is heard in court.

The state has to provide enough evidence to convince a judge that there is probable cause for the case to move forward and go to trial, Stice said. Again, its not enough evidence to convict, only enough to where the judge believes a jury should hear it.

In addition, a preliminary hearing is also the first time where the burden of proof is a factor a burden that is always on the prosecution in criminal cases. There are two levels in felony cases. They are probable cause, which is the lowest burden, and beyond a reasonable doubt, which is the highest burden.

A judge makes sure that the state has enough evidence to proceed with the charge theyve chosen to go on, Stice said.

If a judge finds probable cause, the accused is bound over and will be formally arraigned. Formal arraignment is the first time the accused enters a plea of guilty or not guilty.

Pre-trial or status conferences are then set to ensure whether the case needs to go to trial. Cleveland County District Judge Thad Balkman said this is the time both parties are expected to cooperate in the exchange of evidence, called discovery.

The idea behind discovery is to avoid surprises at trial to avoid trial by ambush, Balkman said.

There are two different types of criminal trials in Oklahoma: jury and non-jury. Verdicts in jury trials are decided by a 12-person jury selected from within the county. In a non-jury trial, a district judge decides the verdict.

At trial, the burden switches from probable cause to beyond reasonable doubt. Its a burden Cleveland County District Attorney Greg Mashburn said he gladly accepts.

The burden should be on the state. Its absolutely the best thing, Mashburn said. When dealing with someones liberty possibly being taken, the burden should be on the group that is wanting to take it away.

Balkman said neither the state nor defense can define what beyond a reasonable doubt means. Each juror has a responsibility to decide for themselves.

Thats the beauty of the jury trial system, Balkman said.

Smith said the jury represents the people.

They are the voice of the community, he said. There are only a few places in the world where that is the case. The government (prosecution) cant do anything unless the people say they can.

If a jury finds the defendant guilty, a formal sentencing date will be setlaterfollowing the verdict.

In Oklahoma, those convicted have 10 days from formal sentencing to file an intent to appeal. The appeal then goes to the Oklahoma Court of Criminal Appeals, and possibly the state Supreme Court.

Jacob McGuire

366-3540

jmcguire@normantranscript.com

Follow me @jmcguireNT

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Anatomy of a felony - Norman Transcript