Tulsa trial attorney

Waiving the Right to Be Present in Criminal Court

Waiving the Right to Be Present in Criminal Court

Under Oklahoma law, the right of a criminal defendant to be present at trial is guaranteed by Article 2, Section 20 of the Oklahoma Constitution and Title 22 of the Oklahoma Statutes. While this right is fundamental, it is not absolute. Tulsa Oklahoma courts interpret this right as one that can be waived, either expressly by the defendant or impliedly through their conduct.

Rebuttal and Impeachment Witnesses

Rebuttal and Impeachment Witnesses

The law does not require the impossible. Rebuttal and impeachment evidence is often introduced to address unexpected evidence presented by the opposing party, and the nature of rebuttal testimony makes it impractical to mandate prior disclosure. Courts have consistently held that rebuttal and impeachment witnesses need not be endorsed or disclosed in advance, as the evidence they provide is contingent on the developments during the trial.

The Strategic Advantages of a Bench Trial

The Strategic Advantages of a Bench Trial

Opting for a bench trial, where a judge solely presides over and decides a case without a jury, can offer significant strategic advantages in certain legal situations. This alternative to a traditional jury trial is often chosen for its efficiency, reliance on legal expertise over emotional appeals, and its suitability for complex legal arguments.

Objection Hearsay! What Does that Mean?

Objection Hearsay!  What Does that Mean?

At its core, the rule against hearsay is designed to ensure that evidence presented in court is reliable, credible, and can be tested for its truthfulness. Ultimately, the hearsay rule and its exceptions represent a careful balancing act.  The goal is to filter out unreliable gossip and second-hand accounts while still allowing for the admission of evidence that, despite being hearsay, carries strong indicators of trustworthiness.