Witnesses Called at Preliminary Hearing in Oklahoma
Who testifies at a preliminary hearing in the state of Oklahoma? I’m Tulsa Attorney James Wirth and that’s the question that we received. So in the state of Oklahoma, by the Oklahoma Constitution, if felony charges are filed, you’ve got a right to a preliminary examination, which means a preliminary hearing where the state is required to prove by evidence, which is usually done by the calling of witnesses, that a crime was committed and you committed that crime.
So who is typically called for that? It depends on the type of offense it is. If we’re talking about some sort of felony domestic violence offense, generally you’re gonna have the victim testify. If we’re talking about possession of CDS, it’s usually gonna be law enforcement. Maybe if it’s a crime that was charged on the basis of a traffic stop, you’re usually gonna see law enforcement. They’re gonna have their officers testify as to those things.
Understanding the Role of Witnesses
But whatever they need to prove their case by that minimal level of probable cause is what it’s gonna be. So at a preliminary hearing, you see the state call a minimum number of, what’s the fewest number of witnesses that we need in order to establish that minimum burden? Whereas when you go to trial, you’re gonna see it’s a lot more witnesses are called, a lot more detail are put in. It’s gonna be the bare minimum at the preliminary hearing.
So one, that’s because it’s less work, less time for the state. Two, preliminary hearing is a benefit to the defendant. They get to cross-examine these witnesses and they can use that essentially as a tool for discovery, to find out what people are gonna say so they’re not surprised by it at trial.
The Defense’s Role in a Preliminary Hearing
Now, as far as what witnesses are called, what about the defense? Does the defense call any witnesses? Well, sometimes, but it is rare, and it’s rare for a couple different reasons. So one, just like the state doesn’t wanna show their cards, the defense usually doesn’t either. So if they have an opportunity to talk to their witnesses and know what they’re gonna say, it doesn’t make sense to make them available to the state for cross-examination prior to a trial.
Two, if law enforcement reports are provided to the defense at least five business days ahead of the preliminary hearing then the preliminary hearing cutoff is gonna be applicable, which means that once the court finds that there is probable cause a crime was committed during the state’s case-in-chief and probable cause that the state, or I’m sorry, that the defendant committed the crime, then the prosecutor can ask that the preliminary hearing be cut off and the court will do that, and that happens before you get to the defendant’s case-in-chief so the defendant may not have an opportunity to call witnesses.
Get Legal Advice from a Skilled Attorney
So if you’re dealing with felony charges in the state of Oklahoma, though, you’re gonna want more than just general information from video. You’re gonna wanna talk to federal criminal defense lawyer in Tulsa privately and confidentially to get legal advice. To get that scheduled with a Tulsa attorney at my office, you can go online to makelaweasy.com or call 918-879-1681 for a low-cost initial strategy session.
