Facing a Felony Charge in Oklahoma? Here’s What You Need to Know About the Probable Cause Hearing
When you're charged with a felony in Oklahoma, the criminal justice process doesn't begin and end with an arrest. One of the most critical early stages is the probable cause hearing—also known as the preliminary hearing. This hearing serves as a constitutional checkpoint, protecting individuals from being forced to stand trial without some threshold showing of evidence.
At Bennett Vernier, PLLC, our Oklahoma City criminal defense attorneys have deep experience navigating felony cases from start to finish. In this post, we break down what a felony charge means, what to expect at a preliminary hearing, and why early legal representation is essential to protecting your rights.
What Is a Felony Under Oklahoma Law?
In Oklahoma, crimes are categorized as either misdemeanors or felonies. A felony is any crime punishable by imprisonment in the state penitentiary, typically for more than one year. Common felonies include:
Aggravated assault and battery
Robbery and burglary
Drug trafficking or manufacturing
Sexual assault or abuse
Weapons violations
White collar crimes (fraud, embezzlement, forgery)
Homicide or manslaughter
The consequences of a felony conviction extend far beyond prison time. They can affect your employment, housing, civil rights, and even your immigration status. That’s why the process must be fair, and why probable cause hearings play such a vital role.
What Is a Probable Cause (Preliminary) Hearing?
Under Oklahoma law, individuals charged with felonies are entitled to a preliminary hearing unless the charge has been filed by indictment through a grand jury. The purpose of the hearing is to determine whether the prosecution has enough evidence to justify taking the case to trial.
The legal standard is probable cause—meaning, is there enough evidence to believe:
A crime was committed, and
The defendant probably committed it.
This is not a trial on guilt or innocence. Instead, it's a procedural safeguard to prevent unwarranted felony prosecutions.
What Happens at the Preliminary Hearing?
The preliminary hearing resembles a mini-trial but with key differences:
The judge—not a jury—hears the evidence.
The State presents witnesses, usually a law enforcement officer or other key witness.
Your attorney can cross-examine witnesses and may present limited defense evidence.
No verdict is issued. The only question is whether the case should proceed to trial.
At the conclusion of the hearing, the judge will either:
Bind the defendant over for trial (finding probable cause exists), or
Dismiss the case, either in full or in part, if the evidence is insufficient.
Can the Preliminary Hearing Be Waived?
Yes. A defendant may waive the preliminary hearing, often as part of a plea agreement or strategic negotiation. However, waiving this right forfeits a critical opportunity to challenge the State’s evidence early on.
At Bennett Vernier, we rarely recommend waiving a preliminary hearing unless there is a clear, strategic benefit for the client. In many cases, we use this hearing to:
Cross-examine the State’s key witness (locking in testimony under oath),
Expose weaknesses in the prosecution’s case, and
Negotiate charge reductions based on evidentiary shortcomings.
What Happens After the Hearing?
If the judge finds probable cause, the case proceeds to District Court arraignment, where formal charges are entered and the case is scheduled for trial or further pretrial motions. If the case is dismissed, the prosecution may attempt to refile, but they must typically remedy the evidentiary defects first.
Why Legal Representation Is Critical
Without experienced legal counsel, defendants may walk into a preliminary hearing unaware of the consequences, procedural traps, or opportunities to defeat or limit the case. At Bennett Vernier, we bring deep experience, real-world investigative insight, and courtroom skill to every felony matter.
Our founding partner, Travis Vernier, is a former detective and Special Victims Unit investigator who understands how these cases are built—and how to dismantle them.
If You’ve Been Charged With a Felony, Act Now
Time is not on your side. Evidence can disappear. Witnesses forget. And prosecutors begin building their case the moment you're arrested. Contact Bennett Vernier, PLLC today to schedule a confidential consultation. We’ll walk you through the charges, explain your options, and start building your defense—starting with the probable cause hearing.
📞 Call us at (405) 346-9800
📍 6116 NW 63rd St., Warr Acres, OK 73132
🌐 www.bennettvernier.com
