A criminal trial is a formal, structured process where the state must prove a defendant’s guilt beyond a reasonable doubt. Facing a trial is a serious matter, but having a clear picture of the sequence of events can provide clarity during a difficult time. 

The entire process follows established rules and procedures, from selecting the jury that will hear the case to the announcement of the final verdict. We will also touch on recent legislative changes that may impact these proceedings.

If you are facing criminal charges, you do not have to go through this alone. As criminal defense lawyers serving Oklahoma, we guide our clients through every stage of the legal process. Call Green Country Law Group today at (918) 456-6113 to discuss your case.

 

What Happens Between an Arrest and the Trial?

Long before a trial begins, several pre-trial procedures set the foundation for your defense.

Initial Appearance and Arraignment

This is your first appearance in court. During this hearing, the judge will formally inform you of the criminal charges that have been filed against you. You will then be asked to enter a plea. The typical pleas are guilty, not guilty, or “nolo contendere” (no contest), which means you do not admit guilt but accept the punishment.

Bail and Bond

Following the initial appearance, the court will determine whether you can be released from custody while your case is pending. This is known as setting bail or bond. The judge considers several factors, including the severity of the alleged offense and whether you are a flight risk, before setting the conditions for your release.

Preliminary Hearing

For felony charges, a preliminary hearing is held. A judge listens to evidence presented by the prosecution to decide if there is probable cause to believe a crime was committed and that you committed it. If the judge finds sufficient evidence, the case is “bound over” for trial. This simply means the judge has determined there is enough evidence to proceed with a full trial.

Discovery and Motions

Discovery is the formal process of exchanging information between the defense and the prosecution. During this time, we gather all the evidence the state has against you, including police reports, witness statements, and physical evidence. This allows us to analyze the prosecution’s case and identify weaknesses.

Based on what we find, we will file formal requests with the court, known as motions. A common example is a motion to suppress evidence that was obtained through an illegal search or seizure. Such a motion argues that the evidence should be excluded from trial because its collection violated your constitutional protections, such as your due process rights under the Fourteenth Amendment.

Plea Bargaining

The vast majority of criminal cases in Oklahoma are resolved through plea bargaining, not a full trial. This involves negotiations between your defense lawyer and the prosecutor to reach an agreement for a reduced charge or a lighter sentence in exchange for a guilty or no-contest plea. We will thoroughly discuss any plea offers with you, advising on the potential advantages and disadvantages of accepting an offer versus proceeding to trial.

Who Decides the Case? The Role of the Jury

The individuals who will ultimately decide your fate are chosen with great care. A jury trial is a foundational element of the American justice system, designed to ensure that a verdict is rendered by a group of your peers.

Jury Selection (Voir Dire)

The trial officially begins with jury selection, a process called voir dire. A pool of potential jurors is summoned, and both the prosecution and our defense team get to ask them questions. The purpose of this questioning is to uncover any biases or prejudices that would prevent a person from being fair and impartial.

We are looking for jurors who can listen to the evidence with an open mind and apply the law as instructed by the judge. Both sides can ask the judge to dismiss jurors “for cause” if there is a clear reason they cannot be impartial. Each side also has a limited number of “peremptory challenges,” which allow us to dismiss a juror without stating a reason, as long as the dismissal is not based on race or gender.

What Are Opening Statements?

Once the jury is selected and seated, the trial moves to opening statements. This is the first time each side gets to speak directly to the jury. Opening statements are not evidence; they are a preview of what each side intends to prove.

The Prosecution’s Opening

The prosecutor goes first. They will stand before the jury and lay out a roadmap of their case. They will describe the alleged crime, summarize the evidence they plan to present, and tell the jury what they believe that evidence will show: that you are guilty of the crime charged.

The Defense’s Opening

After the prosecutor finishes, it is our turn to deliver an opening statement. This is our first and best opportunity to begin telling your side of the story and to create a framework for the jury to hear the evidence. We will outline the facts we intend to present, point out the holes we expect to find in the prosecution’s case, and explain why the evidence fails to prove guilt beyond a reasonable doubt.

How Will Your Defense Team Respond?

Our response is built upon one of the most powerful principles in criminal law: the presumption of innocence. This means you are considered innocent unless and until the prosecution proves otherwise. 

Cross-Examination

After the prosecutor finishes questioning each of their witnesses, we get our turn. This is called cross-examination. 

Our objective is to challenge the witness’s testimony and credibility. We may ask questions designed to expose inconsistencies in their story, highlight their potential biases, question their memory of events, or bring to light any other information that weakens their testimony and, by extension, the prosecutor’s case.

Presenting the Defense’s Case

Once the prosecution has presented all its evidence and “rests” its case, it is our turn to present a defense. This may involve calling our own witnesses to the stand—such as alibi witnesses or character witnesses—and introducing our own evidence that contradicts the state’s claims.

A central strategic decision is whether you should testify in your own defense. This is a choice we will make together, after carefully weighing the potential benefits against the risks of being subjected to the prosecutor’s cross-examination. All of this is done to create that reasonable doubt in the minds of the jurors.

What Happens Before the Jury Decides?

As the evidence portion of the trial concludes, the proceedings move into their final phases. These steps are designed to summarize the case for the jury and provide them with the legal framework they need to reach a just verdict.

Closing Arguments

Like opening statements, closing arguments are not evidence. They are the final opportunity for both the prosecution and the defense to argue their case to the jury. The prosecutor goes first, summarizing the evidence they believe proves your guilt. We follow, weaving together all the testimony and evidence to show why the state has failed to meet its high burden of proof. The prosecution then gets one last chance for a rebuttal.

Our closing argument is a powerful tool. We will use it to connect the dots for the jury, highlight the reasonable doubt that exists, and reinforce the presumption of your innocence.

Jury Instructions

Before the jury begins its deliberations, the judge reads them a set of formal legal instructions. These instructions explain the laws relevant to the case and the standards the jury must apply when evaluating the evidence. In Oklahoma, these instructions are defined by state law, including Title 22 (Criminal Procedure) of the Oklahoma Statutes. 

The Verdict

With arguments finished and instructions given, the case is finally in the hands of the jury. This is the moment when all the preparation, testimony, and legal arguments are put to the ultimate test.

Jury Deliberation

The jury is led to a private room to begin its deliberations. They will elect a foreperson, review the evidence presented, and discuss the case amongst themselves. In Oklahoma criminal trials, the jury’s verdict must be unanimous. This means all jurors must agree on the decision. [30]

The Announcement

Once the jury has reached a decision, everyone is called back into the courtroom. The jury foreperson hands the verdict to the judge or clerk, who then reads it aloud. There are three possible outcomes:

• Not Guilty (Acquittal): If the jury finds you not guilty, the case is over. You are legally cleared of the charges and are free to go.
• Guilty: If the verdict is guilty, the case will proceed to a new phase called sentencing.
• Hung Jury: If the jurors cannot reach a unanimous agreement, the judge will declare a mistrial. At this point, the prosecution has a choice: they can either drop the charges or decide to retry the case at a later date with an entirely new jury.

What Occurs During Sentencing?

A guilty verdict does not immediately result in a sentence. Instead, the judge will set a date for a separate sentencing hearing. This hearing gives both sides an opportunity to present arguments about what they believe is an appropriate punishment under the law.

We can present evidence of mitigating factors—reasons why a lesser sentence may be appropriate, such as your character, lack of a prior criminal record, or other extenuating circumstances. The prosecution will present aggravating factors to argue for a harsher sentence. The judge will consider all this information, along with sentencing guidelines established by Oklahoma law, before imposing the final sentence.

Can You Challenge the Outcome?

Yes. If you are found guilty, you have the right to appeal the verdict to a higher court. An appeal is not a new trial where new evidence is presented. Instead, an appeal argues that significant legal errors were made during the original trial that unfairly affected the outcome.

These errors might include the judge improperly admitting or excluding evidence, giving incorrect instructions to the jury, or other procedural mistakes.

Common Questions About the Criminal Trial Process

Do I have to testify in my own defense?

No. The Fifth Amendment to the U.S. Constitution gives you the absolute right to remain silent and not testify against yourself. Whether or not you should take the stand is a deeply strategic decision. Testifying gives you a chance to tell your side of the story directly to the jury, but it also opens you up to aggressive cross-examination by the prosecutor. We will carefully weigh all the potential outcomes before advising you on the best course of action.

What should I wear and how should I act in court?

Your appearance and demeanor matter. You should dress conservatively and professionally, as if you were attending a formal business meeting. Your conduct in the courtroom should be respectful at all times. This means addressing the judge as “Your Honor” and showing courtesy to the jury, the prosecutors, and all court staff. We will provide specific guidance on courtroom etiquette to ensure you present yourself in the best possible light.

Can my family and friends attend my trial?

Generally, yes. Criminal trials are public proceedings, and your family and friends are welcome to attend to show their support. However, there are exceptions. If a friend or family member is going to be called as a witness by either side, they may be excluded from the courtroom until after they have given their testimony. This is done to prevent their testimony from being influenced by what they hear from other witnesses.

How long will my trial last?

The length of a trial varies widely based on the case’s complexity. A straightforward misdemeanor trial might be completed in a day or two. A complex felony trial with numerous witnesses, extensive evidence, and complicated legal issues could last for several weeks or even longer. Part of what to expect at a criminal trial in Oklahoma is a process that can be unpredictable in its timeline.

What is the difference between a misdemeanor and a felony trial?

While the basic structure is similar, felony trials are considerably more involved than misdemeanor trials. Because felonies carry much more severe penalties—including long-term imprisonment—the pre-trial procedures are more extensive, frequently involving preliminary hearings and more in-depth discovery. The rules of evidence and court procedures are applied more stringently, and the stakes are significantly higher for everyone involved.

Do I really need a lawyer if I am innocent?

Yes, absolutely. The legal system is intricate and operates under its own set of rules and procedures. A prosecutor’s job is to secure a conviction, and they have the full resources of the state at their disposal. An experienced criminal defense lawyer ensures that your rights are protected at every turn. Your Right to Counsel under the Sixth Amendment is your best protection, ensuring your side of the story is effectively presented and that the state is held to its burden of proof.

Secure Your Rights with Green Country Law Group

Facing a criminal trial is a defining moment in your life. You need a legal team that understands the system and is prepared to build a strong defense for you.

Do not leave your future to chance. Contact the Green Country Law Group now at (918) 456-6113 for a confidential consultation about your case. We are here to help you through this.