A defendant is the person formally accused of a crime, and seeing that label next to a familiar name can feel overwhelming. Maybe you are reading court papers at the kitchen table, unsure what half the words mean or what happens next.
That confusion is normal, and being called a defendant does not mean anyone has decided you are guilty. At Glass, Wood & Wang Criminal Defense Lawyers, we help people in Oklahoma City understand where they stand and what their options are before they make decisions that affect their future. You can reach our team any time you want a clear explanation of what your charges mean.
What Does It Mean to Be a Defendant?
In a criminal case, the defendant is the person the government has charged with breaking the law. The label describes your role in the case, not a finding about what you did. Many people assume the word itself signals guilt, and that fear can make an already stressful week much harder.
The law starts from the opposite position. Under Title 22, Section 836 of the state statutes (22 O.S. § 836), anyone accused is presumed innocent until the contrary is proved. If reasonable doubt remains about whether guilt has been shown, the accused is entitled to be acquitted, meaning found not guilty.
Defendant vs. Plaintiff vs. the State
People often search for plaintiff vs. defendant because those two words appear together in most lawsuits. In a civil case, the plaintiff brings the lawsuit, and the defendant is the person or business being sued. The dispute is usually about money or property.
Criminal cases work differently. There is no plaintiff. Instead, the State brings the charges through a prosecutor, so criminal case names usually read “State v.” followed by the defendant’s name.
Felony and Misdemeanor Defendants in Oklahoma
The type of charge shapes almost everything about a criminal case. State law defines a felony under 21 O.S. § 5 as a crime that is, or may be, punishable by death or by imprisonment in the state penitentiary. Under 21 O.S. § 6, every other crime is a misdemeanor.
For example, someone facing a felony drug trafficking charge goes through a different process than someone charged with a misdemeanor traffic offense. Felony cases include extra court steps, and the potential consequences are more serious.
Your Rights as a Defendant Under Oklahoma Law
Being charged can feel powerless, but you have important constitutional rights. Article II, Section 20 of the state constitution and 22 O.S. § 13 protect people accused of crimes. These rights apply from the start of your case.
As a defendant, you have the following rights:
- The right to a speedy and public trial by an impartial jury
- The right to be told the nature and cause of the accusation against you
- The right to confront the witnesses who testify against you
- The right to require witnesses to appear and testify on your behalf
- The right to be heard in person and through a lawyer
Knowing these rights helps you recognize when something in your case does not look right.
The Right to Stay Silent
Article II, Section 21 states that no person can be compelled to give evidence that tends to incriminate them. Self-incrimination means providing statements or evidence that could help prove your own guilt. In practice, you do not have to answer questions about the accusation.
At trial, you testify only if you ask to. Under 22 O.S. § 701, choosing not to testify cannot create a presumption against you or be mentioned at trial. If a lawyer comments on that silence, it can be grounds for a new trial.
The Right to a Lawyer
Everyone accused of a crime has the right to appear and defend with counsel. Families often worry about cost first, so it helps to know that the Oklahoma County Public Defender represents people who cannot afford a lawyer.
Many people also choose a private criminal defense attorney. Our team can review the charges, explain the process, and talk through your options in plain language. When you are ready to talk, call us at (405) 849-5145 for a free case evaluation.
What Happens After You Become a Defendant in Oklahoma County
Not knowing what comes next is one of the hardest parts of being charged. Every case is different, but most follow a similar path. Seeing that path laid out can make the process feel less unpredictable.
A criminal case usually moves through several stages:
- Initial appearance: You appear in court for the first time, and the judge typically addresses the charges and conditions of release.
- Arraignment: The charge is read to you, and you are asked to enter a plea.
- Preliminary hearing: In felony cases, a judge decides whether there is enough evidence to move the case forward.
- Discovery and motions: Your defense reviews the State’s evidence and may ask the court to exclude evidence or dismiss charges.
- Plea discussions or trial: The case may resolve through an agreement, or it may go to a judge or jury for a verdict.
Some cases end early, while others take months to work through these stages.
Arraignment and Entering a Plea
22 O.S. § 465 describes arraignment as reading you the charging document and asking whether you plead guilty or not guilty. A charging document is the formal paper listing the crimes the State alleges you committed.
Many people plead not guilty at this stage. That plea keeps every defense option open while your lawyer reviews the evidence.
The Preliminary Hearing in Felony Cases
Under 22 O.S. § 258, misdemeanor cases do not have preliminary hearings. In felony cases, the hearing must be set within nine months of the initial appearance.
The purpose is to establish probable cause, meaning a reasonable basis to believe a crime was committed and that the defendant committed it. Witnesses testify in the defendant’s presence and may be cross-examined. This hearing often gives our team the first real look at the strengths and weaknesses of the State’s case.
Common Mistakes Defendants Make Early On
Fear and stress can push people to act quickly. Unfortunately, some of the most damaging moments in a case happen in the first few days after charges are filed.
It helps to steer clear of a few common missteps:
- Talking to police about the accusation without a lawyer present
- Posting about the case, the arrest, or the people involved on social media
- Contacting witnesses or the person who made the accusation
- Missing a court date or ignoring bond conditions
- Assuming the charges will simply go away on their own
Avoiding these mistakes protects your options while your defense takes shape.
Possible Outcomes for a Criminal Defendant
Every case ends differently, and no lawyer can honestly predict a result before reviewing the evidence. Still, understanding the possibilities can ease some of the uncertainty.
A case may be dismissed, or a judge or jury may return a not guilty verdict. Under Article II, Section 21, a jury-acquitted person cannot be put in jeopardy again for the same offense. Other cases resolve through a plea agreement, a deferred judgment where the court allows the defendant to complete conditions before any judgment of guilt is entered, or a conviction.
Even after a case ends, the record may not always follow you. 22 O.S. § 18 lists situations in which a person may seek expungement, including acquittal and certain dismissals, each with its own requirements and waiting periods.
How Our Team Supports Defendants and Their Families
Glass, Wood & Wang Criminal Defense Lawyers has represented people facing criminal charges since 1979. We take a holistic, people-first approach, considering how a case affects your job, family, and future, not just the charge.
Our attorneys stay accessible, so you are not left guessing about where your case stands. We can also speak with you in Mandarin, which helps many families communicate clearly during a difficult time.
Frequently Asked Questions About Being a Defendant in Oklahoma
Families and people facing charges often have similar questions in the first days of a case.
No. A suspect is someone police believe may have committed a crime, while a defendant is someone who has been formally charged in court.
No. A defendant testifies only if they choose to, and the jury cannot use their decision not to testify against them or mention it at trial.
No. Preliminary hearings apply in felony cases, and state law provides no preliminary hearings in misdemeanor cases.
The county public defender’s office represents people who cannot afford counsel, and private defense lawyers are another option.
No. The state constitution protects a person acquitted by a jury from being put in jeopardy again for the same offense.
Possibly. State law allows expungement in certain situations, such as acquittals and some dismissals, and we can review whether your case may qualify.
Talk to an Oklahoma City Defense Lawyer About Being a Defendant
Seeing the word defendant on a court document can be a lot to absorb, especially when you have a job, family, and bills that still need your attention. You don’t have to figure out the next steps on your own.
Glass, Wood & Wang Criminal Defense Lawyers has stood beside people facing criminal charges since 1979. Our attorneys explain each stage of the process, carefully review the evidence, and help you weigh your options with a clear picture of what is at stake.
If you or someone you love is a defendant in a criminal case in Oklahoma City, OK, call our team at (405) 849-5145 for a free case evaluation. We will listen to your situation and talk through your legal options.