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How Soon Will Your Case Go to Trial? It Depends

If your DUI or drug case may go to trial, you may worry how long it will take to get in front of a jury. Lawyers will tell you that it depends how soon your trial will happen. But the Constitution does guarantee the right to a speedy trial – though the definition of “speedy” is up for debate. Courtroom Scheduling Greatly Affects Trial Dates In criminal court, judges may hear hundreds of cases in a week. A trial can take hours or days to complete, meaning the judge cannot hear other cases during that time. As a result of judges’ packed...

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What Happens During a Typical Arraignment?

What Happens During a Typical Arraignment?

During a typical arraignment, a person arrested for a crime hears the charges against him and enters a plea to the judge. An arraignment happens after the person is arrested. He may spend some time in jail immediately after the arrest, depending on when a judge is available or when the arraignment is scheduled. During the Arraignment An arraignment is the first time that someone accused of a crime (called a “defendant”) meets a criminal court judge. This hearing will take place at a courthouse in a courtroom, where the judge sits at the front of the room. There may be many...

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What Is a District Attorney? Commonly Asked Questions about a Criminal Case

What Is a District Attorney? Commonly Asked Questions about a Criminal Case

Many people arrested for DUI or drug charges have never been to court or faced criminal charges before. They usually have many questions about the legal process and what to expect. This blog is one in a series that answers frequent inquiries about the criminal process, starting with the major players you may encounter in criminal court. What is a district attorney? A district attorney is a lawyer who acts as representative of the city, county, state, or country in criminal cases. District attorneys are also called prosecutors or attorneys general, depending on the court location and situation. They decide which crimes...

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How Police Obtain a Warrant to Search for Drugs

How Police Obtain a Warrant to Search for Drugs

Before police can search for drugs, they need to obtain a warrant from the court unless a few exceptions apply. The search warrant is a legal document explaining where the police can search for evidence of a crime. Once law enforcement has a warrant, they do not need your consent to search the specified area. Police officers must get search warrants from judges or magistrate judges. The judge issuing a warrant must be “neutral and detached” and “capable of determining whether probable cause exists”. Coolidge v. New Hampshire, 403 U.S. 443 (1971). This requirement helps ensure that there is no conflict...

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What Does an Oklahoma Defense Lawyer Do?

What Does an Oklahoma Defense Lawyer Do?

If you have been charged with a crime, you may be thinking about whether you need to hire a defense lawyer. Many people have questions about what lawyers will do for their case. Defense lawyers work for you, investigate the facts behind the charges against you, determine the best defenses for your case, and argue your case in court. Defense Lawyers Investigate Your Case Criminal defense lawyers investigate the charges filed against their clients to determine important facts for their defense in court. For example, defense lawyers interview witnesses who were at the scene of an accident and talk to friends and...

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Appearances Matter in the Courtroom

Appearances Matter in the Courtroom

Appearances matter in the courtroom, whether you are a party to the case, a witness, or a jury member. Criminal defendants who are attending court should take care to present a good appearance for the judge and jury to see. In a DUI or other criminal case, the defendant who is charged with a crime is on trial from the moment he first steps into a courtroom. Even though the real trial may not happen until later, his appearance at the arraignment and any pretrial hearings matters. They may not admit it, but the demeanor of a defendant or witness may...

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Suspended and Deferred Sentences in Oklahoma

Suspended and Deferred Sentences in Oklahoma

People who commit DUI offenses in Oklahoma may receive suspended or deferred sentences. While there are important differences between these alternative sentencing methods, both give people the option to meet certain conditions imposed by the court and avoid jail time as a result. In Oklahoma and the rest of the United States, you are considered to be “convicted” of a crime if you are found guilty by a judge or jury and final judgment is entered. However, sentencing for the crime may occur at a later hearing. Suspended Sentence For a suspended sentence, you are convicted of a crime but do not have...

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Guide to Your First Court Appearance

Guide to Your First Court Appearance

If you are planning to go to court for the first time, it can be a nerve-wracking new experience. Friends and family members may give you tips, but being prepared for court goes beyond listening to shared stories. By doing a little research and taking the time to prepare, you can help yourself navigate the justice system, whether you are attending court for jury duty, to testify as a witness, or because you have been charged with a crime. First, figure out where and when you are required to appear. If you received a notice in the mail to appear as...

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