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Most
Frequently Asked Questions
 Can a defendant
get an OIDS lawyer by calling or writing the OIDS offices?
Not directly. We would have to refer you to the Judge
in the county where you are charged. Sheriffs, Jailers, and Court Clerks
typically have forms on hand to apply for an OIDS attorney to represent
you. Defendants in cases in Oklahoma and Tulsa Counties are
not eligible for OIDS representation, but complete a similar application for the
County Public Defender to be appointed.
Does OIDS ever represent defendants in cases filed in Oklahoma and Tulsa
Counties?
If the case is at the trial level, OIDS is neither appointed to or
assigned the case. Further OIDS is no longer appointed at the trial level to
cases when the defendant is subject to the death penalty and a conflict of
interest exists between the defendant and the public defender.
The district court may appoint OIDS if an appellate conflict of
interest exists between the defendant and the county indigent defender in a
case where the defendant has received the death penalty to represent the
defendant on appeal. If the case is on appeal, OIDS may also be appointed in
Oklahoma or Tulsa County to any criminal case if the defendant had a private
attorney at trial.
In death penalty cases, OIDS represents all defendants in Oklahoma in
post-conviction proceedings, regardless of the county in which the case was
filed.
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Who decides
whether a defendant is entitled to an OIDS lawyer?
District court judges determine whether a defendant is
indigent by applying standards developed by the Oklahoma Court of Criminal
Appeals. The defendant fills out a form about his/her assets, liabilities,
and sources of income. If the judge determines the defendant is indigent,
OIDS is appointed. An Oklahoma statute provides that any defendant who
posts bond must prove to the court that s/he cannot afford a lawyer before the
judge will allow OIDS to begin or continue representation. In practice,
this presumption is not followed equally throughout the court system. Some
judges do not penalize a defendant for being out on bond; others almost always
deny indigency status and force the defendant to hire outside counsel. If
you are already represented and make bond, discuss with your attorney how to
request a hearing on your assets to show you still need an attorney.
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If a defendant
uses all of his/her money for a lawyer for trial, what happens on appeal?
The indigency application procedure is repeated at the end
of the trial. District court judges advise defendants about their right to
an appeal and their right to a court-appointed lawyer if they cannot afford one.
The judge will appoint OIDS if the defendant is determined to be indigent.
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Does OIDS do legal
work besides criminal cases?
No. OIDS is a creature of statute and can only be
appointed to the specific criminal cases that it is authorized to accept
under the Indigent Defense Act. OIDS cannot accept or be appointed to
civil cases. Matters pertaining to contempt of court (civil), child
support, termination of parental rights, juvenile custody determinations, and
the like, are civil matters. You may wish to check with Legal
Aid in your region to determine if legal services are available to you
in your civil matter. In addition, OIDS is specifically prohibited from
representing anyone in civil rights or other litigation related to prison
conditions and the like. OIDS can only represent a defendant in the
defense of criminal charges brought by the State of Oklahoma.
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This page last updated 07/29/2003 11:02 AM
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