We often get questions from clients about how a jury trial works in Oklahoma. If you’ve never been through the court process before, the idea of a trial—especially one in front of a jury—can feel overwhelming. Understanding how jury trials work can help ease some of the anxiety and prepare you for what to expect if your case goes to trial.
What Is a Jury Trial?
A jury trial is a legal proceeding in which a group of citizens (the jury) hears the evidence in a case and decides the outcome. In Oklahoma, jury trials are used in both criminal and civil cases. In criminal cases, the jury determines whether the defendant is guilty or not guilty, while in civil cases, the jury decides issues like liability and damages.
You have a constitutional right to a jury trial in many types of cases, although not all cases go to trial. Most are resolved through plea bargains, settlements, or pretrial motions.
In some cases, you may be able to choose between a jury trial and a bench trial (where the judge alone decides the outcome). Whether a jury trial is the best option depends on the facts of your case, the legal issues involved, and your attorney’s strategic advice.
How Many Jurors?
The amount of jurors involved will depend on the type of case:
- Criminal felony cases in Oklahoma typically use a 12-person jury.
- Misdemeanor cases and most civil trials use 6 jurors.
In criminal cases, the verdict from the jury must be unanimous.
Stages of a Jury Trial in Oklahoma
1. Jury Selection (Voir Dire)
The trial begins with jury selection. The judge and attorneys ask potential jurors questions to determine whether they can be fair and impartial. Each side can challenge certain jurors “for cause” (e.g., bias) or use a limited number of peremptory challenges to excuse jurors without giving a reason. However, both sides are unable to remove jurors based on race or other protected traits.
2. Opening Statements
Once jury selection is complete, each side gives an opening statement. This is an overview of the case from that party’s perspective and is not part of the evidence.
3. Presentation of Evidence
Each side presents its case:
- The prosecution or plaintiff goes first and presents witnesses and evidence.
- The defense then has a chance to cross-examine those witnesses and present its own case.
- Each side may offer physical evidence (documents, photos, video, etc.) and witness testimony to support their position.
4. Closing Arguments
After presenting all of their evidence, each side gives a closing argument. This is the final opportunity to explain how the evidence supports their case and what verdict the jury should reach.
5. Jury Instructions
The judge reads instructions to the jury about the law they must follow. These instructions are very important, as they guide the jury in applying the law to the facts.
6. Jury Deliberation
The jury then goes into a private room to deliberate. They discuss the case and try to reach a verdict. This process can take hours or days, depending on the complexity of the case.
7. Verdict
Once the jury reaches a decision, they return to the courtroom and the verdict is read aloud. In criminal cases, a guilty verdict can lead to sentencing, either immediately or at a later hearing.
What Happens After the Verdict?
There are a few possible outcomes of a jury trial. If you are found not guilty in a criminal case, the case is over and you cannot be tried again for the same offense (double jeopardy). If you are found guilty, the judge will schedule a sentencing hearing.
Should You Go to Trial?
Not every case should go to trial. Trials are public, time-consuming, and come with risk. However, in some situations—especially if the facts are in dispute or no fair settlement can be reached—a jury trial may be your best shot at justice.
Your attorney will help you weigh the pros and cons and prepare you every step of the way if trial becomes necessary.
Oklahoma Trial Attorneys
We understand how intimidating a jury trial can seem. Whether you’re facing criminal charges or pursuing justice in a civil matter, our team can guide you through the process with confidence. If you’re preparing for trial, or just want to know your options, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation.