Understanding Jail Time Strategy in Oklahoma
Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma, where I’ve been practicing family and criminal law for nearly eight years. Today, I want to help make law easy by answering a common question: If the prosecution has a strong case against you, should you just stay in jail to rack up time served?
The answer? It depends.
When Staying in Jail Might Be Beneficial
A lot of people think staying in jail while their case is pending is a smart move because they’ll earn credit for time served, and sometimes, that’s true. If you do end up with a conviction, that time served can reduce your sentence. But it’s not always the best strategy.
Let me give you an example. I had a client recently who’d already been in jail for about four months by the time I was hired. The State was pushing for additional jail time and wasn’t willing to offer probation. But because he had already served a decent chunk of time, I was able to negotiate his plea down. We leveraged those four months he’d already served, and the State agreed to reduce their recommendation to match it. Result? He walked out of court that day with time served and no additional jail time.
When Staying in Jail Might Not Be the Best Option
But here’s the catch—staying in jail isn’t always helpful. Sometimes, your defense requires you to be out. Maybe your attorney needs you to complete classes, get evaluated, start counseling, or gather documentation that will help build your case. Those things are a lot harder—sometimes impossible—to do behind bars.
So what should you do? You need to talk to your attorney. This decision should be based on the facts of your specific case, your charges, and what kind of resolution your attorney is working toward. There are pros and cons on both sides.
Schedule Your Low-Cost Initial Strategy Session Today
If you’re in this situation and unsure what’s best, give me a call. I’m happy to sit down with you and talk through your options. Again, I’m Tulsa felony attorney Carl Birkhead with Wirth Law Office, and I’m here to help make law easy. Reach out today at 918-879-1681 to schedule your low-cost initial strategy session and explore your options.
