Do You Want to Have a Trial?

Thu, 11/02/2017 - 12:33pm
Court Room

Whether you want to have a trial in Oklahoma depends on several different factors.  The first, and most important, factor is this:  do you have a reasonable defense to the allegations?

Your theory of defense.  You need to consult with able and experienced counsel to determine whether you should take your defense to the jury.  The government is obligated to prove each element of the offense beyond a reasonable doubt.  Here are the elements of a sample criminal charge of assault and battery (misdemeanor):

No person may be convicted of assault and battery unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, willful;

Second, unlawful;

Third, use of force or violence;

Fourth, upon another person.

When considering whether you should go to trial or not, your legal counsel should discuss the elements of the crime with you and evaluate all the available evidence to see whether or not any of them are weak.  If they are, then the government's case is weak and a trial may be appropriate.  If the government has a strong case because it can easily prove each element, then a defendant should consider negotiating an appropriate plea bargain with emphasis on obtaining the best result possible in the circumstances.  Going to trial may still be advisable based on other circumstances and will vary on a case to case basis.

If you are contemplating going to trial you should engage able counsel immediately.  Abraham Lincoln supposedly said "A man who represents himself in court has a fool for both a client and a lawyer."  Call us today at (405)601-9393.



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