Preliminary Hearings in Oklahoma criminal defense cases are a procedural hurdle the state must go trough. In the realm of criminal Oklahoma defense, preliminary hearings play a pivotal role in determining whether a case proceeds to trial. Understanding what happens during these hearings and what evidence is presented at the prelim is crucial to understanding your case. Part of this is realizing the burdens of proof placed on the prosecutor and how the criminal defense attorneys uses the hearing as a tool. In this blog post, we’ll take a look at the procedures and importance of preliminary hearings and shed light on the burdens of proof prosecutors must meet.
What Is A Preliminary Hearing in Oklahoma
A preliminary hearing only applies to felony cases in Oklahoma. The prelim is sometimes known as a probable cause hearing or preliminary examination. The hearing is held in front of your preliminary hearing Judge. In Oklahoma this judge is rarely the same Judge you will have in your case if it goes to trial. The proceeding is to determine if there is enough evidence to bind you over to trial. At this hearing the prosecutor calls a limited number of witnesses that are required to satisfy the burdens of proof.
Should I Waive My Preliminary Hearing:
This is a question that is different for different cases depending on your particular case. The important thing to remember is that this hearing is your right, If you waive this right its lost forever. The decision to waive a preliminary hearing or put it on can depend on the strength of your case or the offer to settle made by the prosecutor. Sometimes the facts in the case favor taking a plea while still others favor the defendant so you want the prelim. Assuming my client has a good case and good facts I rarely waive the prelim. This is because I have a chance to catch witnesses that are not being truthful and can use this to impeach them later. Additionally, if the prosecutor is being unreasonable with their demands there may be little to lose by putting the hearing on.
Who Has The Burden of Proof:
During a preliminary hearing, the burden of proof rests on the prosecution. The prosecutor must present sufficient evidence to establish probable cause that a crime was committed and that the defendant is likely responsible. However, the burden of proof at this stage is lower than that required for a conviction at trial. The prosecutor must demonstrate:
- Probable Cause: The prosecutor must show that there is a reasonable belief, based on the evidence presented, that the defendant committed the crime. This is a relatively low standard, requiring only enough evidence to suggest that a crime may have occurred and that the defendant likely played a role in it.
- Evidence Admissibility: The evidence presented by the prosecution must be admissible under the rules of evidence. Hearsay and other forms of unreliable or prejudicial evidence may be excluded by the judge.
What If the Prosecutor Meets the Burden of Proof?
If the prosecutor successfully meets the burden of proof during the preliminary hearing, the case will bound over for trial. Once bound over the trial judge in your case takes over. The case next proceeds to district court arraignment. At DCA your attorney may file different motions depending on the facts of your case. Those motions may include motions to suppress or dismiss. Still other motions designed to keep out certain evidence or challenging the search.
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Preliminary hearings serve as a crucial checkpoint in the criminal justice system. It allows defendants the opportunity to challenge the evidence against them before a trial. Understanding the burdens of proof placed on the prosecution during these hearings is essential. Its the first chance for defendants and their legal counsel to mount an effective defense strategy. For a Free Consultation with an Oklahoma criminal attorney from Tulsa Criminal Lawyers Law Firm call us at 918.416.0358