Grand Prairie, TX asked in Criminal Law and Business Formation for Oklahoma

Q: Bail set at 2500 for second degree burglary is there a fine to pay or is it automatic jail time

2 Lawyer Answers
David A. Cincotta
David A. Cincotta
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: While both a fine and jail/prison time are punishments for the crime, there are other options that may also be available: such as the court deferring your sentencing for a period of years (does not result in a conviction, the case gets dismissed, and the court records expunged if you successfully complete the probation period), a suspended sentence (probation that is a conviction), a reduced charge (if the circumstances merit), and other programs that may be options for you to consider. The key for you is to hire a criminal defense attorney who will review your case, who will determine the strengths and weaknesses of the State's case against you and your defenses, who knows what all sentencing options and programs are available to you, who knows how to successfully negotiate with the prosecutor, and who can defend you in the event no agreement can be reached with the prosecutor.

Tracy Tiernan agrees with this answer

Tracy Tiernan
Tracy Tiernan
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: Right now you enjoy a presumption of innocence and that status will not change until and unless you sign paperwork stating otherwise or are sentenced by a judge or jury after a trial or plea. Hire a criminal defense attorney who can immediately secure all of the evidence, search for constitutional violations of your rights (or other weaknesses in the case), and either negotiate a disposition or prepare for and conduct a trial. Most cases such as this, with no prior convictions, result in an agreed disposition (plea bargain) involving no prison or jail time and no conviction on your permanent record (assuming you are, in fact, guilty of the crime and/or wish to waive your rights to trial).

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