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IF YOU HAVE A PRESSING CRIMINAL MATTER, CALL NOW
It was only after our founder began the practice of law that his
passion and cognizance for the peoples need for zealous criminal
representation came about. It is staggering how many innocent people
are convicted of crimes every day. Further, certain overzealous
prosecutors commit guilty persons to sentences much worse than those
prescribed for the crimes actually committed. A criminal case is
totally different than any other because someone could spend the rest
of their life in prison. We take this very serious and are
compassionate yet aggressive to those we serve.
If you have been accused of a crime, you are facing a legal battle that
will forever change the course of your life. You need quality legal
representation. You may be up against a prosecution team backed by the
unlimited resources of the government with a single purpose -- to get a
Without an experienced criminal defense team fighting for you, you are
in an unfair fight. You should act immediately and decisively. Your
criminal defense representation could very well be the most important
decision you ever make.
White Collar Crimes
Assault & Battery
Federal and State Crimes
ABOUT CRIMINAL LAW and HOW THE PROCESS WORKS
2 TYPES OF CRIMES:
Felonies: Oklahoma statute defines a felony as a crime which is, or may be, punishable by death or imprisonment in the
Misdemeanors: According to Oklahoma law, every other crime (that is not a felony) is a misdemeanor. Misdemeanors
are typically punishable by fines and/or imprisonment for one year or less in county jail.
Steps to criminal proceedings:
Officers may contact you and begin to ask questions. At this point, it is not too early to contact a lawyer, regardless of
whether or not you have done anything.
Arrests constitute seizures of the person, thus arrests must be reasonable to comply with the 4th and 14th
Amendments. Whether a seizure is reasonable depends on the scope of the seizure (arrest vs. investigatory stop) and
the strength of the suspicion inducing the seizure. An arrest should be based on probable cause. Generally, police
need to obtain a warrant before arresting a person.
Always remember that you have the right to remain silent and exercise this right
This is when law enforcement transports you to jail after taking you into custody. Upon arrival, the accused is searched
for weapons and contraband, photographed, fingerprinted, and asked routine questions such as the accused’s
biographical information. If you have exercised your right to remain silent, you should not be questioned
about anything substantive without your attorney being present.
After the accused is processed, bond must be posted prior to release. Bail is an insurance policy that you will show up
for court. Bonds are subject to increase or reduction by the court.
Soon after the accused is arrested, he/she must be brought before a magistrate who will advise the defendant of
his/her rights, set bail, appoint counsel if necessary, and inform the defendant of the next court date. At the initial
arraignment, your attorney will make his/her entry of appearance and you will be provided a copy of the “Information”
(document containing the charges).
PRELIMINARY HEARING CONFERENCE:
The purpose of the Preliminary Hearing Conference is for your attorney to sit down with the prosecutor; discuss the
facts, merits, and circumstances of the case; and possibly reach a resolution. At the time of the PHC, the accused must
appear in court.
PRELIMINARY HEARING: (FELONY ONLY)
The purpose of the preliminary hearing is for the magistrate to determine whether the defendant should be “bound
over” for trial on the State’s charges. During this hearing, the State has the burden to show:
A crime has been committed, AND
Probable cause exists that the defendant committed the crime
Your attorney will be given the opportunity to demurrer (challenge the sufficiency of the evidence) and argue issues
such as evidence and testimony unlawfully obtained in violation of the defendant’s constitutional rights.
If the judge binds the defendant over for trial, the defendant will be formally arraigned. This marks the transition from
the investigative stage to the disposition stage of the case. At this point, the defendant will get a different judge, unless
that right is waived subject to some type of plea agreement.
After formal arraignment, the defendant’s next court appearance will be for pre-trial. The purpose of this proceeding is
to request a trial or plea date.
If the defendant’s attorney and the prosecutor are unable to resolve the case, the case will proceed to trial. In order for
the defendant to be found guilty of the alleged crime, the State has the burden to prove each and every element of the
offense beyond a reasonable doubt.
In order to receive legal services from The Law Offices of Trae Gray, PLLC, you must sign a client engagement letter. No legal advice or attorney-client
relationship is intended to be established or contained herein.
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