What Generally Happens Once I Get Out Of Jail?
In a misdemeanor case, you usually get out of jail before your arraignment via bond. In Oklahoma, the very first part of any misdemeanor or felony case is an arraignment. An attorney makes an entry of appearance at that time of arraignment, and then the court usually sets the matter for a further court date or takes a plea. The next portion is what we call a jury trial sounding docket or just the sounding docket. That is when, on a misdemeanor case, we confer with the District Attorney and may dispose of the case .At our law office, after the initial arraignment on all misdemeanors and felonies; we file a notice with the prosecutor’s office requesting discovery. We want to see a copy of all evidence that is in the District Attorney’s file in order to formulate defenses.
On the misdemeanor docket, if we aren’t able to get the case taken care of at the jury trial sounding docket, we move towards the Allen discovery hearing. This is where the judge usually sets the matter for further case analysis, meaning it can go toward trial, be settled, or be dismissed. A lot of our cases are dismissed at the Allen discovery phase. If, for some reason, we can’t get it rectified, we are trial attorneys. If need be, we will prepare for a jury trial and adjudicate the case.
On a felony case, the initial process is similar. There is an arraignment. However, the second portion is a preliminary hearing, where we order the discovery and then confer with the District Attorney. About 75% of all cases are settled to the satisfaction of the client with a plea bargain at the time of the preliminary hearing. In that case, the preliminary hearing doesn’t actually take place. However, we are prepared to put forth those preliminary hearings. If the client doesn’t want to take an offer that we’ve negotiated, we can put forth evidence and the state of Oklahoma has the burden of proving that the crime probably was committed.
The state has the burden of bringing forth witnesses, who will testify to the facts of the case. If we are successful at preliminary hearing, the case may be dismissed especially if the state has failed to show that they proved the elements of the crime. After the preliminary hearing, we go to a final District judge, who does the last portion of the case, including pleas or trial settings.
For more information on Getting Out Of Jail After An Arrest, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (918) 216-9644 today.