In Oklahoma, facing a felony conviction is a daunting and life-altering experience. Felony charges here are no small matter—they carry severe penalties that can include lengthy prison sentences, hefty fines, and a permanent stain on your criminal record. But here’s the truth: just because you’ve been convicted doesn’t mean the fight is over. The process for felony conviction appeals in Oklahoma offers an opportunity to challenge the verdict and seek justice, especially when the system may have failed you the first time around.
Understanding Felony Charges and the Appeals Process in Oklahoma
Oklahoma is known for its tough stance on crime—that’s not a surprise. Felonies range from violent offenses like murder and assault to non-violent crimes such as drug possession or fraud. The repercussions extend far beyond jail time and fines; they can strip you of your voting rights, make finding employment nearly impossible, and even hinder your ability to secure housing. It’s a harsh reality that many face in our state.
The criminal justice system isn’t perfect; mistakes happen more often than you’d think. Maybe evidence was mishandled, or perhaps your rights were violated during the trial. That’s where the appeals process comes into play.
Here’s some essential info on appealing a felony conviction in Oklahoma:
Notice of Intent to Appeal: You have a mere ten days after sentencing to file a Notice of Intent to Appeal and Designation of Record. Miss this narrow window, and you forfeit your right to appeal. That’s just the truth—time is not on your side.
Preparing the Record: The court clerk and court reporter will compile the trial record, including transcripts, evidence, and all relevant documents. This becomes the foundation of your appeal.
Filing with the Oklahoma Court of Criminal Appeals: Your attorney will file a petition in error with the Oklahoma Court of Criminal Appeals, outlining the legal grounds for your appeal. This isn’t about re-arguing the facts; it’s about pointing out where the trial court got it wrong.
Briefs and Oral Arguments: Both sides submit briefs. Your attorney will argue the errors that occurred, while the prosecution will defend the original verdict. In some cases, the court may allow oral arguments, but don’t count on it because it’s definitely not guaranteed.
The Decision: The appellate court will review everything and issue a decision. They might affirm the conviction, reverse it, modify the sentence, or send it back for a new trial.
Common Grounds for Appeal
Appeals aren’t about claiming innocence; they’re about legal mistakes that could have affected the outcome. Some common grounds include:
- Legal Errors: Incorrect jury instructions, improper admission or exclusion of evidence, or misapplication of the law.
- Procedural Missteps: Violations like juror misconduct or insufficient evidence that should have prevented a conviction.
- Constitutional Violations: If your rights were trampled on—think illegal searches, coerced confessions, or denial of the right to counsel.
What to Do If You Want to Appeal a Felony Conviction
The appeals process is filled with procedural pitfalls and strict deadlines. The right attorney can make all the difference in how your appeal goes.
Here’s what you should do:
- Hire an Experienced Appeals Attorney: Not just any lawyer—you need someone who knows the ins and outs of appellate law in Oklahoma.
- Act Fast: Remember, you have ten days. Time wasted is opportunity lost.
- Review Your Case Thoroughly: Work with your attorney to identify any and all errors that occurred during your trial.
- Prepare for a Battle: Appeals are not quick, and they’re not easy. But with the right legal team, you stand a fighting chance.
Overman Legal Has Your Back
In a system stacked against you, you need a legal team that isn’t afraid to take on the prosecution. At Overman Legal, we specialize in criminal appeals and have a track record of challenging wrongful convictions in Oklahoma. Our experienced attorneys will scrutinize every detail of your case to uncover mistakes or violations that could overturn your conviction or reduce your sentence.
Don’t let an unjust verdict define the rest of your life. The stakes are too high to settle for ineffective counsel or to navigate this complex process on your own.
If you or a loved one is considering an appeal, don’t delay. The clock is ticking, and every second counts. Contact Overman Legal today for a free consultation. We’ll provide the aggressive, experienced representation you need to challenge your felony conviction and fight for the justice you deserve.
