ABOUT THE OFFICE

COURTROOM PROCEDURE

For those who don't spend much time in a courtroom, the procedures during a criminal case can be confusing. The following summary explains the various elements of a trial, as well as general guidelines for conducting yourself in court. 

OPENING STATEMENT

The State's Attorney (also known as an Assistant District Attorney) will make an opening statement to start the trial. The opening statement will explain the charge and the case against the defendant. The lawyer for the defendant (or accused) may either give an opening statement after the Assistant District Attorney (ADA) or reserve it until the state rests its case against the accused. 

EVIDENCE

​After the opening statements, the state will call witnesses, each of whom will take an oath and give testimony. During the examination (or questioning of witnesses), exhibits (such as photographs) may be offered as evidence in the trial. If the Judge rules the exhibits are to be received into evidence, jurors may examine them and they will be take into the jury room during deliberation. Under certain circumstances, jurors may, under court supervision, leave the courtroom to look at a particular site or object. 

DIRECT EXAMINATION

When examining a witness, the State asks the questions first, and this is called direct examination. 

CROSS EXAMINATION

The defendant's lawyer then cross-examines the witness. Generally, cross-examination is limited to questions concerning topics brought up in direct examination. 

REDIRECT

After cross examination, the State may again question the witness. This is called redirect and may be followed by re-cross examination. This process of examining and cross-examining witnesses and receiving exhibits continues until the State's evidence is before the jury. At this time in the trial, the ADA will announce, "the state rests." 

DEFENDANT'S EVIDENCE

​After the state has rested, the defense calls witnesses to defend against the claim of the state. The defendant's lawyer examines the witnesses first, followed by the State who cross-examines the defense witness. The defense's case continues in essentially the same manner as the State until the defendant's lawyer announces to the court, "the defense rests."

​REBUTTAL EVIDENCE

The State may call witnesses to respond to testimony given in the defendant's case. This is called rebuttal. 

PREPARATION OF INSTRUCTIONS

​After both parties have rested their case, there is usually a recess while the Judge, with assistance of the lawyers involved, prepares instructions for the jury. These instructions tell the jury what the law is concerning this particular case. The jury is responsible for determining the facts of the case. The Court is responsible for determining the law.

CLOSING ARGUMENTS

​The State and defense attorney's then give their closing arguments to the jury. In this argument, lawyers review the testimony and usually provide the jury each side's respective theories of the case. The State begins the closing argument, followed by the defense lawyer. The State can then offer a second closing to conclude the trial.

DELIBERATION

​Court bailiffs are sworn to take charge of the jury which withdraws to a private area to decide the case. Jurors take with them their recollection of the testimony of the witnesses, the exhibits introduced at the trial and a copy of the court's instructions. The jury returns to the courtroom after reaching a unanimous verdict.

DECISION

​In a criminal case, the Judge will ask the jury if a verdict has been reached. The foreperson will have completed and signed a written form stating the verdict, unless agreement was not reached. The foreperson will pass their finding to the bailiff who will give the information to the Judge. The Judge will then state out loud was found guilty, or not guilty, of the charge(s) against them, or that the jury cannot agree on a verdict. 

​Either side may then request that the jury be polled. This means that each juror must state out loud whether they voted for or against the majority decision. Hearing the announcement of the verdict is the end of the trial and can be very emotional for a victim's family. The ADA and the Advocate assigned to the case can talk with the family in the Victim Witness Center after the trial.

​The standard of proof in a criminal case is "beyond a reasonable doubt," the highest burden of proof required in any trial proceeding. If any doubt based on reason exists as to any element of the offense as charged, the verdict of the Judge or Jury must be "not guilty." Evidence must establish the facts so clearly, positively and explicitly that there can be no reasonable doubt that the case was proven.

SENTENCING TRIAL OR HEARING

​If the defendant is convicted in the criminal trial, the case will proceed to sentencing. Sentencing will be scheduled for a later date. In Oklahoma, the Judge makes formal sentencing decisions based in part on what the sentence recommended by the jury, and after reviewing a Pre-sentence Investigation (PSI) report prepared by a probation officer.  

​In all death penalty cases, a jury must decide unanimously that the appropriate sentence is death. If they do not, or if they cannot reach a decision, no sentence of death may be imposed.

​Survivors have the right to make a statement at formal sentencing regarding the impact the crime had on them, emotionally and financially. The Advocate assigned to the victim's family can help provide guidance on preparing a victim impact statement.

VICTIM TESTIMONY AT JURY TRIAL

​Victim impact statements to be heard by the jury at trial should be submitted to the prosecutor at least 30 days before trial begins unless you only wish to speak at sentencing. The victim impact statement will be reviewed by the Judge for the sentencing. Be aware that the defense attorney will also read the statement.

​The victim impact statement should not repeat evidence already presented, but should simply describe the impact the crime has had on the victim's family.

​Evidence and procedures are different during sentencing than during the trial. Defense witnesses may give subjective testimony about the defendant and why they feel the defendant should receive a particular sentence. State witnesses can also give such testimony from their perspective. 

​Since the impact statement is given to convey the effect of the crime on the victim's family, it is not expected that the testimony be given free of emotion.

CRIMINAL JUSTICE PROCESS

JURY DUTY

The Court Clerk prepares and issues about 1,800 jury summons each month except July and August when no jury trials are held. Names are selected at random from the list of licensed drivers or persons holding a current state identification document.

Security

Security measures are in effect in the Oklahoma County Courthouse. Every effort will be made to expedite jurors’ passage through security. You can help by not carrying certain items to the courthouse. Prohibited items include weapons of any kind; knives of any size; chemical sprays; laser pointers; firearms and ammunition. Security Personnel may also prohibit possession of any other items or materials deemed dangerous or otherwise inappropriate. The Jury Assembly Room opens at 7:30 A.M.

Being Excused from Service

In the event you believe you have compelling reasons that justify your being excused from jury duty, you shall appear at the County Office Annex Building, at 3 p.m. on the Friday immediately before the Monday on which your jury duty is scheduled to begin. At that time, the Chief Judge will hear your reasons and decide if you will be excused. Bring any papers supporting your excuse with you. Requests for excuse will not be considered at any other time. However, if you are 70 years of age or more and wish to be excused from jury service, you may be excused, by state law, by telephoning the Jury Clerk at 405-713-1102, prior to the reporting time to assert your exemption.

Appropriate Court attire is required.

Jurors should dress comfortably and in good taste, keeping in mind the dignity of the courtroom and the seriousness of the matters to be decided. Shorts, tank tops or thong sandals are not permitted. The normal period of jury service is usually 2 to 3 days, but may last longer. Plan to be there at least Monday and Tuesday. 

Parking

Parking is available at the parking facilities listed on the Parking page. Note: If you are serving on a Jury, please do not park at the meters, as you will not be available to put money in them throughout the day.

• Map and directions to jury duty location

OKLAHOMA COURT SYSTEM

The Oklahoma court system is made up of the Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals, 77 district courts and courts of limited jurisdiction. Courts of limited jurisdiction are limited to very specific cases, like municipal courts (where you go for city citations and traffic tickets).

District courts – also called courts of general jurisdiction – hear the majority of cases, both civil (like divorces and lawsuits) and criminal. If a criminal case is appealed and the appeal is heard, it goes to the Court of Criminal Appeals.

The 7th Judicial District encompasses all of Oklahoma County.

SUBPOENAS

A subpoena is a formal document that orders the named person to appear in court at a specified date and time. If you receive a subpoena from the District Attorney’s Office please contact the number listed on your subpoena to confirm your appearance. If you have questions related to the subpoena or you have been subpoenaed by the defense, please call the DA's Office. If your telephone number(s) or physical address have changed, please notify the DA's office as soon as possible so that your information can be updated and we can notify you of any schedule changes.

Going to the Courthouse

A subpoena is an order from the court to appear for a proceeding. If you receive a subpoena, be prepared to be at the courthouse for several hours at a minimum, to all day. You cannot be released from your appearance in court until the Judge releases you. Please bring your subpoena with you to court.

Courthouse Security

The Oklahoma County Sheriff's Office provides courthouse security. Please be prepared to have your bags scanned and to walk through a metal detector. The following items are prohibited in the courthouse: weapons of any kind; knives of any size; chemical sprays; laser pointers; firearms and ammunition. Deputies may also prohibit possession of any other items or materials they deem dangerous or otherwise inappropriate. 

Parking

There are multiple parking garages near the courthouse, some of which require cash. There is an ATM located in the lobby of the Metro Parking Garage located at 321 Robert S. Kerr Avenue. For additional parking information, please visit our Parking page.

*Note: The DA's Office cannot pay for or reimburse you to park. Additionally, we cannot get a parking ticket dismissed. There is street parking that is metered. Be advised that even if you plug the meter, you can be ticketed for parking on the street all day. 

TYPES OF PLEAS

Nolo Contendere
The defendant does not accept or deny responsibility for the charges but waives the right to a trail and agrees to accept the penalty.
 
Blind Plea
The defendant pleads guilty to the Judge, without accepting the sentencing requirements offered by the DA's office, and the judge sentences the defendant based on what they believe is best.
 
Alford Plea
The defendant enters a plea to the DA's recommendation as if guilty, but the defendant maintains their innocence.
 
Guilty
The defendant pleads guilty to the charges and accepts the DA's sentencing recommendation.