THE OKLAHOMA BAR JOURNAL 22 | JANUARY 2025 THIS MAY BE YOUR CLIENT’S FIRST TIME GOING TO THE COURTHOUSE. There can be many quick deadlines and hearings, all of which require countless pleadings or motions. The court date may only be a few minutes long but still have extensive amounts of information given. The criminal justice system can be overwhelming for both clients and attorneys who are either new to practice or just new to criminal law. This article will address the most common issues for attorneys representing clients in criminal cases. ARRAIGNMENT In Oklahoma, the first appearance in front of the judge is an arraignment.1 Many courts and attorneys will call this court appearance the initial appearance or will use the two terms interchangeably. An easier way to differentiate the two terms is to think of the act of being in court as the initial appearance and the legal steps that occur as the arraignment. For this article, the term initial appearance will be used unless specifically talking about the steps for the arraignment. On either a misdemeanor or a felony, the purpose of an initial appearance is for the defendant to be made aware of the charges, confirm the identifying information is correct2 and enter a plea if it’s a misdemeanor.3 When your case is called, you will announce why you are in court (for the initial appearance on [identify the case number] or the initial appearance on a motion to revoke suspended sentence or an application to accelerate sentence). You will then tell the court whether the identifiers are correct and announce any changes, such as an updated address. Next, you will tell the court that the defendant understands the charges and waives the reading4 or, in rare circumstances, read the charges aloud to your client. You will also need to tell the court how your client wants to plead to the pending matter.5 All pleas must be oral and recorded in the court minutes.6 While misdemeanor charges allow counsel to appear without a client’s personal appearance, defendants must be present when charged with a felony.7 Failure to appear could result in the issuance of a bench warrant. In the event that you have been hired by a family member or otherwise do not get to see your client before court, be aware that some courts conduct video arraignments8 for incarcerated clients, which would prevent client consultation. You will want to check with the court to determine if you need to make alternative arrangements to speak with your client before their appearance. Oklahoma’s criminal code requires the prosecutor to file all criminal misdemeanors and felonies by information.9 While law enforcement can make recommendations for specific charges, ultimately, the final decision on charges lies with the district attorney’s office. The district attorney’s Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. By Amanda Lilley Initial Appearances: How To Make the Most Out of a Cursory Court Date Law Practice Basics
RkJQdWJsaXNoZXIy OTk3MQ==