Charged With a Crime In Oklahoma? Here Are Your 4 Options

Anytime you are charged with a crime, you start to feel like you don’t have any choices. While many options may be undesirable, there are always options to consider. Below, we go over the 4 ways your case can end once you have been charged with a crime.

The Plea Offer

This is the most common resolution of a criminal case: the plea offer. This is where the prosecutor provides a plea bargain and you either plead guilty or no contest. You do not have to accept the first plea offer in order to plead guilty. Your attorney can negotiate the plea for you. In many instances, there may be ways to avoid certain requirements of the plea and exchange them for something else. For example, if you are required to do community service, you can request to pay fines instead. The prosecutor may not agree, but it gives you the opportunity to tailor the result to your individual needs.

In some instances, a plea may help you avoid a conviction. This is because not all plea deals result in a conviction. The prosecutor may choose to offer you a deferred sentence. This is a form of probation with an automatic partial expungement. This is one reason you may choose to take a plea offer rather than go another route.

A plea offer can be anything the prosecutor would like within the range of punishment. For example, if your charge carries a minimum of 1 year in jail up to 5 years in jail, the prosecutor may request 3 years of probation. They cannot go over the 5 year maximum, even if they are asking for probation rather than jail time. The exception to this rule is a deferred sentence. A prosecutor can go above the maximum time limit if it is a deferred sentence. In some instances, the prosecutor will make this trade, requiring a longer term of probation but allowing you to avoid a conviction. For example, if the maximum punishment is 5 years, they may give you a plea offer of a 6 year deferred sentence. This is a higher number than the maximum, but it allows you to avoid a conviction.

The Jury Trial

This is what most people think of when they think of the court system. This is where the prosecutor will provide their evidence. You then have the opportunity to explain your defense. At the conclusion of the trial, 12 jurors will decide if you are guilty or not guilty. If you are found guilty, they will then sentence you within the range of punishment.

The Bench Trial

This is just like the jury trial with one exception: the jury. The prosecution will still present their evidence, and you still have the opportunity to present a defense. However, it is the judge who will find you guilty rather than a jury. This option is particularly beneficial if the facts of your case will disturb members of the public, but you believe the state doesn’t have enough evidence to convict you. It is a way to limit the possibility of a more emotional reaction. It can also be beneficial if your case involves a complex legal issue that you believe will benefit your case. The judge is more familiar with these legal complications and therefore may have an easier time following the issue and siding with you.

The Blind Plea

The blind plea is like a hybrid between a plea deal and a bench trial. With a blind plea, you are willing to plead guilty, but you don’t want to accept the plea offer from the prosecutor. This means you enter the plea of guilty or no contest, so the judge doesn’t have to determine if you are guilty or not guilty like they would with a bench trial. However, they would be determining your sentence. This means the judge can sentence you anywhere within the range of punishment. If your range of punishment is 1-5 years, they could give you as little as 1 year all the way up to 5 years in prison. They can also decide the type of sentence. This means they can choose to give you a deferred sentence, a suspended sentence, or prison time. They can even split the sentence and have you do some time in prison with a term of probation after.

It’s hard to know what the best choice is. Once you get a plea offer, it becomes easier. You can look at what the plea offer is within the range of punishment, what legal arguments you may have on your case, and any potential defenses. From there, it’s easier to determine which path forward is right for you.