Contact an Experienced Attorney when Assistance Needed
Video Transcribed: Step six in an Oklahoma misdemeanor case, the motion hearing. I’m Oklahoma attorney James Wirth, and we’re about to talk about misdemeanor motions.
So you’ve already gone through your arraignment. You’ve had your status conference, tried to work out a deal with the prosecutor, nothing going there, or there’s other issues that you want to address. Perhaps you already went on to make sure the discovery is complete, and then we’re talking about motions.
Technically, some of these motions sometimes are filed earlier, but sometimes they’re filed at this time. So it’s not always perfect that everything is one, two, three, four, five, six; because for number six for the motion hearing, sometimes it’s earlier, sometimes it’s not, depending on the type of motion.
Sometimes you want to file a demurrer. And when you’re filing a demurrer, essentially you’re alleging that the charging document, the information, which is the formal name for the charging document, doesn’t even specifically list a crime.
In that case, you file a demurrer and try to get it dismissed earlier on, probably directly after the arraignment or at the time of the arraignment.
But for other types of things, maybe you want to file a motion to suppress, because your Fourth Amendment rights were violated, and you want to exclude that evidence.
Maybe you want to file a Jackson-Denno motion alleging that your incriminating statements were not voluntary, and therefore they should be ruled as inadmissible.
Those are the types of motions that could be filed and heard at this stage. Most of the time, you get these types of things done before it proceeds to a pretrial or a trial, and that’s why I talk about stage six in the case being the motion hearing.
If you’ve got any motions that need to be presented in your case, if you’re being prosecuted, have questions about it, may need legal representation, you’re going to want more than these general videos.
You’re going to want specific legal information regarding your case, then you’re going to need to talk to an experienced attorney about that. If you want to talk to one of the attorneys with my office, the Wirth Law office, go to makelaweasy.com.
