Navigating Misdemeanor Charges can be a real hassle. If you’ve been charged with a misdemeanor in Wagoner, Oklahoma, it’s natural to feel overwhelmed. While misdemeanors are less severe than felonies, they are still serious criminal matters that can result in up to one year in county jail and significant fines.
Understanding the process for navigating misdemeanor charges will help lower your anxiety and allow you to make informed decisions. Here is a breakdown of the misdemeanor process in the Wagoner County District Court or any of the Tribal Courts.
1. Arrest and Booking
The process usually begins in one of two ways: an on-site arrest or a summons.
- Arrest: You are taken into custody, processed (fingerprinted and photographed), and held until you post bond or see a judge. At this point, the Police might ask you questions about the charges, but you should remain silent and ask for your attorney.
- Summons/Ticket: For minor offenses like simple shoplifting, you might simply be issued a citation with a court date and released.
2. Arraignment (The Initial Appearance)
The Arraignment is your first official day in court. During this hearing, the judge will:
- Formally read the charges against you.
- Advise you of your constitutional rights.
- Set or review your bond amount.
- Ask for your plea (Not Guilty, Guilty, or No Contest).
Pro Tip: In Oklahoma, if you have already hired a private criminal defense attorney, they can often appear at the misdemeanor arraignment on your behalf, meaning you may not have to miss work to attend this first hearing.
3. Discovery and the Sounding Docket
After you plead “Not Guilty,” your attorney will file a Discovery Request. This forces the prosecution to hand over all evidence they have against you, including police reports, body cam footage, and witness statements.
Your next court date is typically the Jury Trial Sounding Docket (or Conference Docket). This is a critical stage where your attorney and the prosecutor discuss the evidence and attempt to reach a resolution. Most misdemeanor cases in Wagoner are resolved here through:
- Dismissal: If the evidence is weak or your rights were violated.
- Plea Bargaining: Negotiating for reduced charges or a lighter sentence (such as a deferred sentence).
4. Motion Hearings
If there are legal issues—such as an illegal search or an unconstitutional traffic stop—your lawyer may file Pretrial Motions. A judge will then hold a hearing to decide whether certain evidence can be used against you or if the case should be dismissed entirely.
5. The Trial
If no agreement is reached, your case proceeds to trial. Unlike felony trials which require 12 jurors, Oklahoma misdemeanor trials are heard by a jury of six citizens.
- The prosecution must prove your guilt beyond a reasonable doubt.
- Your attorney has the right to cross-examine witnesses and present evidence in your defense.
- A verdict must be unanimous.
6. Sentencing
If you are found guilty or enter a plea, the case moves to sentencing. In Wagoner, a misdemeanor sentence can include jail time, fines, community service, or probation. Options like a Deferred Sentence are often available for first-time offenders, which can allow you to keep the conviction off your permanent record upon successful completion of probation.
Why You Need a Local Wagoner County Defense Attorney
Navigating Misdemeanor Charges in Oklahoma isn’t always easy. The “system” moves fast, and mistakes made early on—like talking to the police without a lawyer—can haunt you for years. A local Wagoner criminal defense attorney understands the specific preferences of local judges and the tendencies of the District Attorney’s office. Get a free consultation with the criminal defense attorneys at Kania Law – Wagoner by calling right now, 918-283-7394. Or you can follow this link to ask a free online legal question.
