What is a Bind-Over Order in Oklahoma?
If the judge presiding over the preliminary hearing finds the prosecution has met its burden, then the judge will issue a “bind over” order. The Defendant will then have to appear for District Court Arraignment in front of the District Judge assigned to his or her case. It is important to note that the burden of proof for the prosecution here is probable cause, which is very very low. Preliminary hearings almost always result in the defendant being bound over for trial – not a defendant’s case being dismissed. Even if the case is dismissed, the prosecution will likely just go back to the drawing board, get more evidence, and re-file the case. However, the Preliminary hearing is a unique opportunity for the defense to get a good look at the evidence and understand how the state’s witnesses might act and present to a jury.
It is not uncommon for some Defendant’s to waive his or her Preliminary Hearing if best strategy dictates or if it would damage plea negotiations.
If you have been bound over for trial and need an attorney to represent you at your criminal trial proceedings, contact us today or call 405-542-2529 (542-CLAW). Read more about our team, or continue reading and researching our free legal information library, or enter live chat.