THE OKLAHOMA BAR JOURNAL 24 | JANUARY 2025 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. the reasons for the detention and why no conditions of release can reasonably assure the safety of the community or any person and that proof or presumption of guilt is great. There is a possibility the bail amount could increase if your client bonded out of jail and the charge severity increased after bonding or if any additional charges were added.18 SPECIFIC ISSUES OR DEADLINES TO BE PREPARED FOR An initial appearance serves a second, equally important purpose, as it can be the date used to start other critical deadlines. While not an exhaustive list, these are some specific situations that could arise at or immediately after an initial appearance for which you should be prepared. Probation Violation Cases If the matter is a motion to revoke or an application to accelerate, both the state and the defendant are entitled to a hearing on the merits within 20 days of the initial appearance.19 You will need to announce whether the defendant will waive the 20 days or if your client wants the hearing set. Something to keep in mind, though, is that the state may request a hearing within 20 days as well and may not waive, depending on the factual circumstances involved in the allegations. Second Page In felony cases, the punishment range can change dramatically if your client has prior felony convictions. Depending on the current charge, you could end up with enhanced punishment ranges that include large mandatory minimums20 or prohibitions against probation.21 If your client’s prior convictions are out of county or out of state, there is a possibility the prosecutor may delay filing the supplemental information page, also called a “second page or page two,” if the priors are more difficult to ascertain. Usually, the state will file an amended information with the “second page” attached to the back. You could be handed the enhancement page at the initial appearance or even later. Keep in mind that for domestics,22 protective orders or driving under the influence, the case used for enhancement purposes can be a misdemeanor from any court of record, including municipal courts. Pleas Some courts will let you plead cases at the initial appearance. This will allow your client to save time and money. Often, small charges like traffic issues, trespassing or public intoxication can be resolved at the initial appearance. However, you will want to make sure the district attorney’s office has correctly identified the punishment range for the charge listed, as some of these charges can have multiple statutes covering similar or the same offense but with different punishment ranges. Demurrer There are several reasons in statute allowing a defendant to request the information be set aside and the case be dismissed, such as: the facts as alleged do not constitute a crime, the information contains a legal justification for the offense or simple conformity flaws in the format of the information.23 If the defendant is not ready to respond to the information, you can ask for additional time.24 However, if you are able, you can file a motion requesting the court set aside the information or demur to the information.25 The demurrer must be put in open court, either at the time of the initial appearance on arraignment or at a later date if the court allows for it to be set at a later date.26 You need to make sure to ask for a reservation of time if you think you may want to demur, as statute requires it to be done at the time of arraignment unless you are making a jurisdictional argument.27 Speedy Trial Issues The United States and Oklahoma constitutions guarantee an “accused” the right to a speedy trial. A person becomes “accused” either when charges are filed (whether by information or indictment) or when an arrest28 for the offense An initial appearance serves a second, equally important purpose, as it can be the date used to start other critical deadlines.
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