Understanding Frye-Cooper Hearings: A Guide for Defendants
What is a Frye-Cooper hearing? Hi, my name is Carl Birkhead. I’m a Tulsa felony defense attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for 8 years now, and I want to help you make law easy by talking a little bit about what a Frye-Cooper hearing is and what it means for you.
A Frye-Cooper hearing only applies in cases where you’re facing a felony charge. If you’re facing a traffic ticket, a municipal citation, or a misdemeanor, this doesn’t apply to you. However, if you’re facing a felony charge and you’re past your preliminary hearing, you’re at the district court level and preparing for trial, this is where the Frye-Cooper hearing comes into play.
The Role of a Frye-Cooper Hearing
The purpose of a Frye-Cooper hearing is to ensure that your constitutional rights are being protected, specifically ensuring that you have had effective counsel throughout your criminal proceedings. During the hearing, you’ll appear in court with your attorney, and the judge will determine whether there have been successful negotiations between your attorney and the state.
These negotiations may involve a dismissal, plea bargains for deferred or suspended sentences, or jail time. The hearing exists to protect your rights and ensure you do not miss out on favorable plea deals due to ineffective counsel.
An Example of Frye-Cooper in Action
Here’s an example: I had a client who came to us after preliminary hearings, preparing for trial. Unknown to us, he had been offered a plea deal of 20 years before prelim, while facing three consecutive life sentences. He rejected this offer, and by the time we began final negotiations before trial, the state no longer offered the 20-year deal. The best offer was now 35 years.
At the Frye-Cooper hearing, the court acknowledged that we hadn’t done anything wrong, having joined late. However, the hearing ensured he was aware of what rights and offers existed before resolving the case, be it by trial or a less favorable plea.
Need Assistance? Let’s Discuss Your Options
If you’re dealing with a felony charge or have a Frye-Cooper hearing approaching, and you’re uncertain about the negotiations, give me a call. My name is Carl Birkhead with Wirth Law Office, and I’m a Tulsa criminal attorney here to help you navigate the legal process with ease. Contact us for a low-cost initial strategy session at 918-879-1681.
