A felony preliminary hearing in Oklahoma is a legal proceeding where a magistrate determines whether there is probable cause to believe that a crime has been committed and that the defendant committed it. This hearing is not a trial but a procedural step to prevent potential abuse of power and to ensure that there is sufficient evidence to hold the defendant for trial.

During the preliminary hearing, the state must present evidence to establish probable cause, but it is not required to prove the defendant's guilt beyond a reasonable doubt as it would at trial. The evidence presented must show that a crime was committed and that it is reasonable to believe the defendant committed the crime. This is a low bar.

The defendant has the right to be heard, to cross-examine witnesses, and in some cases present evidence.

The preliminary hearing must be set within nine months from the defendant's initial appearance, and if delayed, a show cause hearing must be scheduled to determine the reason for the delay. The hearing provides an opportunity for the defense to challenge the prosecution's evidence and to uncover any conflicting or exculpatory evidence. If the magistrate finds probable cause, the defendant is bound over for District Court Arraignment and potentially trial; otherwise, the charges may be dismissed.

Author: Brian J. Boeheim

Brought to you by: Boeheim Freeman Law, Tulsa, Oklahoma 918-884-7791

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