Oklahoma Criminal Defense Attorney

A Firm Focused On Meeting The Community’s Needs

A Criminal Defense You Can Count On

Being accused of a crime is a disorienting experience. From the moment of arrest, you are placed into a formal legal process with distinct rules and procedures that will determine the course of your case. You don’t, and shouldn’t, have to go through this alone—an experienced Oklahoma criminal defense attorney of Green Country Law Group will guide you through it, protecting your rights at every turn.

The first hours and days are the most sensitive. Every action taken and every word spoken can shape the outcome. You have fundamental rights, especially the right to remain silent until you have a lawyer, which is the first step in building a defense.

You need support from a law firm that understands the process in state, federal, and tribal courts. We have years of experience handling criminal cases and a deep familiarity with the courts across Green Country.

Why Choose Green Country Law for Your Defense?

Broad Experience in Oklahoma Courts:

Attorney, Wayne Bailey Our team brings a collective 50 years of experience to your defense. We are members of the Oklahoma community who handle criminal cases in state, federal, and—importantly—tribal courts across the region. This broad perspective allows us to see the complete picture of your legal situation.

A Unique Understanding of Tribal Law:

With a managing attorney who is a member of the Cherokee Nation, our firm has a distinct and practiced familiarity with the complexities of tribal law. This is particularly relevant following the landmark McGirt v. Oklahoma decision. This ruling affirmed that a large portion of eastern Oklahoma remains Native American reservation land for the purpose of the Major Crimes Act. In essence, this means that for crimes committed by or against Native Americans within these historical reservation boundaries, the State of Oklahoma generally lacks jurisdiction. Instead, these cases fall under the jurisdiction of federal or tribal courts. We regularly represent clients in Cherokee, Creek, Choctaw, and Chickasaw tribal courts, a capability that is key for cases arising in Eastern Oklahoma.

Client-Focused Communication:

We prioritize clear, honest communication, ensuring you are informed at every stage. With offices in Tahlequah, Muskogee, and Broken Arrow, we are positioned to serve communities throughout Green Country. Our commitment is to build long-term relationships founded on trust and dedicated representation.

What Criminal Charges Am I Facing in Oklahoma?

What is considered a crime in Oklahoma?

LC Counsel Badge In Oklahoma, a crime is an act forbidden by law that carries punishments like fines or imprisonment. The legal process begins with an investigation and arrest, followed by the filing of formal charges by a prosecutor. This kicks off a structured series of events that determines the outcome.

What is the difference between a misdemeanor and a felony?

Criminal offenses in Oklahoma fall into two main categories, each with its own level of severity.
  • Misdemeanors: These are less serious offenses, but a conviction still carries significant consequences. Examples include a first-time DUI without injury, simple assault, or petty theft.
  • Felonies: These are the most serious crimes, defined by the potential for punishment by death or imprisonment in a state penitentiary. Felony charges include drug trafficking, aggravated assault, burglary, and homicide.

How does a prosecutor prove their case?

The American justice system is built on the presumption of innocence. A prosecutor must prove every element of the crime “beyond a reasonable doubt.” This high standard requires the government to show two things: that you indeed committed a prohibited act (actus reus) and had the required mental state, or intent (mens rea). Our defense strategy starts with a meticulous analysis of the prosecution’s evidence, from police reports to witness statements, to find weaknesses and build reasonable doubt.

The Oklahoma Criminal Justice Process: Step by Step

The general steps are as follows.

An arrest can happen on the spot if an officer witnesses a crime or later, if an investigation leads to a warrant. Once in custody, you will be booked, which is the process of recording your information and the alleged crime. At this point, you must exercise your right to remain silent and state clearly, “I want to speak with my lawyer.”

This is your first time before a judge. You will be formally read the charges, advised of your constitutional rights, and asked to enter a plea. The standard plea at this early stage is “not guilty.” The judge will also determine the conditions of your release, including the bail amount.

For felony cases, this phase includes a Preliminary Hearing, where a judge decides if there is enough evidence—probable cause—to believe a crime was committed and that you committed it. This phase also involves motion hearings, where we can challenge the legality of evidence or specific police procedures on your behalf.

If the case goes to trial, a jury is selected in a process called voir dire. The prosecution presents its evidence first, followed by the defense. They carry the burden of proving guilt beyond a reasonable doubt. Misdemeanor trials in Oklahoma typically have a six-person jury, while felony trials require twelve jurors.

If a conviction occurs, the judge determines the sentence based on legal guidelines and the case specifics. After sentencing, you have a limited time to file an appeal. An appeal asks a higher court to review the trial for legal errors that might have changed the outcome.

What are the Potential Penalties for a Conviction?

Misdemeanor Consequences

Lawyers of Distinction

  • Legal Penalties: Most misdemeanors are punishable by up to one year in the county jail and/or a fine up to $500, though some statutes allow for higher fines. These penalties can increase for subsequent offenses.
  • Other Consequences: A misdemeanor on your record is public and can create future hurdles. It can affect your ability to get a job or housing and may impact professional licenses. Certain convictions, like those for domestic violence, can also lead to a suspended driver’s license or loss of firearm rights.

Felony Consequences

  • Legal Penalties: Felony punishment is severe, with sentences ranging from more than one year in a state prison to life imprisonment or, in capital cases, death. Oklahoma law also includes sentence enhancements for repeat felony offenders. For example, a person with two prior violent felony convictions could face a minimum of 20 years to life.
  • Lasting Civil Consequences: Beyond prison, a felony conviction takes away certain civil rights and creates lifelong challenges, including:
    • Loss of voting rights while completing your sentence.
    • Inability to serve on a jury.
    • Permanent loss of the right to own a firearm.
    • Ineligibility for many professional licenses, such as those in law, medicine, and real estate.
    • Significant difficulty securing employment and housing.
    • Possible deportation for non-U.S. citizens.

How We Build Your Defense Strategy

Attorney, Jared A. DeSilvey

Our approach combines aggressive representation with careful analysis of every aspect of your case.

Immediate Protection of Your Rights

Emergency Response:

When you’re arrested or under investigation, time is critical. We provide 24/7 emergency response to protect your rights from the moment you contact us. Our first action is stopping any ongoing police interrogation and ensuring you don’t inadvertently damage your case.

Constitutional Safeguards:

Your rights extend far beyond the familiar Miranda warnings. We protect your Fourth Amendment rights against unreasonable searches and seizures, your Fifth Amendment right against self-incrimination, and your Sixth Amendment right to effective counsel. Law enforcement violations of these rights can result in evidence suppression and case dismissal.

Securing Your Release:

We work immediately to secure your release on bail or bond if possible. Our firm understands Oklahoma’s bail procedures and can often negotiate reduced bond amounts or alternative release conditions. We’ll also advise you on bail bond companies and help coordinate your release process.

Comprehensive Case Investigation

Independent Evidence Gathering:

We never accept the prosecution’s version of events. Our investigation begins immediately, while evidence is still fresh and witnesses’ memories are clear. We photograph crime scenes, interview potential witnesses, and gather surveillance footage before it’s deleted or destroyed.

Professional Investigative Network:

We work with licensed private investigators, forensic experts, accident reconstruction specialists, and digital forensics experts when your case demands it. These professionals may uncover evidence that law enforcement missed or ignored.

Discovery Analysis:

We meticulously review all evidence the prosecution intends to use against you. This includes police reports, witness statements, physical evidence, laboratory results, and any audio or video recordings. We look for inconsistencies, procedural errors, and constitutional violations that can undermine the state’s case.

Expert Witness Preparation:

When technical evidence is involved—such as DNA analysis, breathalyzer results, or digital evidence—we consult with qualified experts who can challenge the state’s conclusions or provide alternative interpretations of the evidence.

Strategic Case Development

Pre-Trial Motion Practice:

We file comprehensive pre-trial motions designed to exclude illegally obtained evidence, challenge the sufficiency of charges, and limit the prosecution’s ability to present prejudicial evidence. Common motions include:

  • Motions to suppress evidence obtained through illegal searches
  • Motions to exclude involuntary confessions
  • Motions to dismiss charges based on insufficient evidence
  • Motions to sever improperly joined charges
  • Motions to exclude unreliable witness testimony

Prosecution Case Analysis:

We identify weaknesses in the state’s case by challenging witness credibility, exposing gaps in the evidence chain, and demonstrating alternative theories of the case. Our goal is to create reasonable doubt in the minds of prosecutors and, if necessary, jurors.

Constitutional Challenges:

We examine every aspect of your case for constitutional violations. If police exceeded their authority during your arrest, conducted illegal searches, or violated your right to counsel, we’ll challenge these violations in court.

Negotiation and Trial Strategy

Plea Negotiation:

Most criminal cases resolve through plea negotiations. We leverage our relationships with prosecutors and our reputation for thorough trial preparation to negotiate favorable plea agreements. We’ll explain all options, including:

  • Charge reductions to lesser offenses
  • Alternative sentencing options like probation or community service
  • Deferred prosecution programs that can lead to dismissal
  • Treatment programs for addiction-related offenses

Trial Preparation:

We prepare every case as if it will go to trial. This preparation strengthens our negotiating position and ensures we’re ready if trial becomes necessary. Our trial preparation includes:

  • Developing compelling opening statements and closing arguments
  • Preparing direct and cross-examination strategies
  • Creating demonstrative aids and exhibits
  • Conducting mock trials when beneficial

Jury Selection Strategy:

In jury trials, we carefully select jurors who can fairly evaluate your case. We identify potential biases and select jurors who will be receptive to our defense strategy.

Defense Areas that Require Special Consideration

DUI Defense:

Oklahoma DUI cases involve complex scientific evidence and strict procedural requirements. We challenge breathalyzer and blood test results, examine the legality of traffic stops, and scrutinize field sobriety test administration.

Drug Crime Defense:

Drug cases often involve constitutional issues related to search and seizure. We examine the legality of police searches, challenge evidence handling procedures, and explore treatment alternatives to incarceration.

Violent Crime Defense:

Serious violent charges require aggressive advocacy. We investigate claims of self-defense, examine witness credibility, and challenge the prosecution’s version of events through alternative theories and evidence.

White Collar Crime Defense:

Financial crimes require understanding of complex business transactions and financial evidence. We work with forensic accountants and financial experts to challenge the prosecution’s interpretation of financial records.

Federal Crime Defense:

Federal cases involve different procedures, sentencing guidelines, and potential penalties. Our firm handles federal cases in Oklahoma’s federal courts, understanding the unique challenges these cases present.

Sentencing Mitigation and Alternatives

Mitigation Strategy:

If conviction is likely, we focus on minimizing consequences through comprehensive mitigation. This includes presenting evidence of your character, background, and circumstances to argue for reduced sentences.

Alternative Sentencing:

We pursue alternatives to incarceration when appropriate, including:

  • Probation with specific conditions
  • Community service programs
  • Electronic monitoring
  • Treatment programs for substance abuse or mental health issues
  • Diversion programs that can lead to dismissal

Professional License Protection:

We understand how criminal charges affect professional licenses and employment. We work to minimize these collateral consequences through strategic charge negotiations and mitigation efforts.

Post-Conviction Advocacy

Appeals Process:

If you’re convicted after trial, we can pursue appeals challenging legal errors that might have occurred during your case. We identify potential grounds for appeal and present compelling arguments to higher courts.

Record Expungement:

Oklahoma law allows expungement of certain criminal records. We help eligible clients clear their records, removing barriers to employment, housing, and educational opportunities.

Sentence Modifications:

In some cases, we can petition for sentence modifications or early release based on changed circumstances or rehabilitation efforts.

Client Communication and Support

Regular Updates:

We keep you informed throughout your case. You’ll receive regular updates on case developments, court dates, and strategic decisions. We’re available to answer questions and address concerns promptly.

Family Communication:

We understand that criminal charges affect entire families. We’ll communicate with family members (with your permission) and help them understand the process and how they can provide support.

Realistic Expectations:

We provide honest assessments of your case, including potential outcomes and realistic timelines. Our goal is to ensure you make informed decisions about your defense strategy.

Begin Your Defense with Green Country Law Today

The prosecution isn’t waiting around. At Green Country Law, we offer the calm, knowledgeable, and steady hand you need. We understand the law, the courts across Green Country, and what is at stake for you and your family.

Let us handle the legal process so you can focus on your life. Call Green Country Law now at (918) 456-6113 for a confidential evaluation of your case.