The Criminal Justice System in Creek County

By Aaron Bundy

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Criminal Law

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Last Modified on Jul 02, 2025

Every court and judge has their own unique practices and procedures, so providing a timeline is difficult. A case may last a few months or even a few years.

The criminal process involves several key stages, from the initial investigation to potential appeal.

Investigation

The criminal process begins when an alleged crime is reported to law enforcement, possibly through a call to 911, a direct report to a police station, or a witness statement. Officers arrive at the scene and secure the area, assess the situation, and collect preliminary information. Depending on the nature of the crime, investigators may interview witnesses and potential suspects, gather physical evidence like fingerprints, DNA, or video footage, analyze digital evidence from phones, computers, or other devices, search for clues at the scene of the crime or other relevant locations, and consult with experts like forensic scientists or medical examiners. Warrants may be required to search property or seize evidence. If detained or arrested, individuals are informed of their right to remain silent and to an attorney.

Charging Decision

Once investigators gather enough evidence to establish probable cause, meaning a reasonable belief that a crime was committed and the suspect is responsible, they will present their findings to the prosecutor. The prosecutor reviews the evidence and decides whether to formally charge the suspect. (Note: the prosecutor has unlimited discretion to decline charges). Options include filing a criminal information or seeking a grand jury indictment.

If a charge is filed against a suspect who was not arrested at the scene, a warrant will be issued for the suspect to be arrested and booked into jail. When a warrant for arrest is issued, it sets in motion a series of potential consequences for the named individual and triggers specific actions for law enforcement. The main consequence is the increased risk of being apprehended by law enforcement officers. Police can actively arrest anyone with an outstanding warrant at any time, during a traffic stop, at their home, or even at their workplace. Police may actively search for the charged suspect based on the warrant information. This can involve surveillance, traffic stops, or raids on the suspect’s potential location. The warrant gets entered into various databases, making it accessible to law enforcement throughout the country. This ensures officers are aware of the outstanding warrant if they encounter the suspect. Any officer who encounters the suspect, even during a minor traffic stop, has the authority to make an arrest based on the warrant.

Following an arrest, the suspect will be taken to a police station or county jail for booking. Booking involves fingerprinting and photographing, personal information recording, and medical checks. Police will explain the charges, and the arrestee will have the right to remain silent and request an attorney. Depending on the nature of the charges and the judge’s discretion, the arrestee may be eligible for bail immediately after arrest and booking.

Court Process

The suspect will appear in court for the first time usually within 48 hours of arrest to be informed of the charges and their rights. The judge will consider whether to set bail and the amount, based on potential flight risk and danger to the community.

In misdemeanor cases, a series of pretrial hearings will be scheduled so that discovery and plea offers can be exchanged and reviewed.

In felony cases, a preliminary hearing is scheduled after the initial appearance to determine if there is enough evidence to proceed to trial. Both sides may file motions challenging evidence, jurisdiction, or other aspects of the case. The defense may file motions to suppress evidence, dismiss the case, or change the venue, depending on the unique factual circumstances of each case. The defendant can waive the preliminary hearing or cross-examine the government’s witnesses to challenge the prosecution’s case. If a hearing is necessary, the state must present enough evidence to establish probable cause that the defendant committed the crime. If the judge does not dismiss each felony charge, the defendant will be bound over for a district arraignment, where the defendant formally enters a plea (guilty, not guilty, or no contest).

Discovery

Discovery is the formal process where both sides in a criminal case exchange evidence and information. This allows each side to understand the other’s case and prepare their defense or prosecution effectively.

The prosecution must disclose various materials, including:

• Police reports and other investigative documents
• Witness statements
• Physical evidence
• Expert reports
• Any exculpatory evidence (evidence that favors the defendant)

The defendant may be required to disclose:

• Alibi witnesses
• Expert witnesses
• Certain types of physical evidence

Typically, the prosecution makes an initial disclosure and provides basic information about the case so the defendant can access some key evidence like police reports. The defense attorney will then file a written motion for discovery outlining additional, specific information they want the prosecution to disclose. Either side can file motions for additional information or clarification if needed. The judge may hold a conference to address any discovery disputes and set compliance deadlines. Both sides are obligated to disclose any new or previously withheld information that becomes relevant to the case. Generally, all discovery must be completed at least 10 days before trial. However, the judge has discretion to extend this deadline under certain circumstances.

Note: you may not receive a full set of discovery early in the case. Obtaining all relevant information can take significant time, effort, and expense.

Plea Bargaining and Negotiation

After charges are filed, the prosecutor may approach the defense attorney with a plea bargain offer. This offer usually involves pleading guilty or no contest in exchange for something like:

• Reduced charges
• Dropped charges
• A lighter sentence
• Recommendations for leniency during sentencing

The defense attorney can discuss the offer with their client and choose to:

• Accept the offer
• Reject the offer and go to a preliminary hearing or trial
• Counter with a different proposal

Note: There is no legal right to a plea bargain. Both sides must agree for it to happen.

While it’s rare, someone can plead guilty for strategic reasons even if they are innocent. This should only be done with careful consideration and consultation with an attorney.

If both sides agree, a plea bargain will become a formal written agreement. During a court hearing, the defendant will enter a plea of guilty or no contest as agreed upon. Even where there is a plea agreement, the judge has the final say on sentencing. The judge may accept the recommendations, modify them, or even reject the agreement entirely, which will set the case back on track for trial. Both sides may present arguments during sentencing, and the judge should consider all factors before pronouncing the sentence.

Sometimes, defendants plead guilty without a formal agreement, leaving sentencing entirely to the judge’s discretion. This is risky and not recommended without legal guidance. An experienced criminal defense attorney is crucial in navigating the plea bargain process. They can advise you on the strengths and weaknesses of your case, negotiate the best possible deal, and protect your rights throughout the process.

Negotiations and bargaining usually take place throughout the case, after arraignment (sometimes before) up to trial.

Trial

If no plea bargain is reached, your case will go to trial. You have the right to a jury trial and to defend yourself or be represented by an attorney. At jury trial, a jury is chosen to hear the case. Both sides present their opening statements, then the government begins the trial. The prosecution presents evidence, meaning witnesses testify, physical evidence is introduced, and the state builds its case. After the prosecution rests its case, the defense may present evidence. The defense may call witnesses and make arguments to counter the prosecution’s case. After the defense rests their case, both sides summarize their positions for the jury through closing arguments. Then, the jury deliberates, considering the evidence and reaching a verdict (guilty, not guilty, or hung jury). If the jury finds the defendant not guilty on all charges, the defendant will be released from state custody. The case will be set for a sentencing hearing if the defendant is found guilty of one or more charges.

Sentencing involves a pre-sentencing investigation. The court will receive information about the defendant’s background and the crime to determine an appropriate sentence. At the sentencing hearing, the judge will consider the pre-sentencing report and arguments from both sides, then impose a sentence within legal guidelines.

Within 10 days of sentencing, the defendant can file a notice of intent to appeal. The case goes to the Oklahoma Court of Criminal Appeals, which reviews the lower court’s proceedings for legal errors. The court can uphold the conviction, reverse the conviction, or send the case back for a new trial.

Please keep in mind that this is an overview of the process. There are nuances to each concept, and they are interrelated. More advanced insight will require in-person meetings and conversation.