Always Make Informed Decisions

The Oklahoma Open Records Act, embodied in statutes 51 O.S. §24.A1 – A34 is a powerful tool for criminal defense attorneys. The Open Records Act declares that “As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in the people. Thus, it is the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government.”

Not all prosecutors are created equal. Some prosecutors will gladly obtain and hand over all requested audio/video evidence collected by law enforcement agencies at the outset of a criminal case while others choose to delay. Those that choose to delay cite the Oklahoma Criminal Discovery Code (22 O.S. §2002) which provides that “All issues relating to discovery, except as otherwise provided, will be completed at least ten (10) days prior to trial.” The problem arises when a defense attorney realizes that he/she lacks the evidence needed to give an informed opinion to a client as to whether the case should actually go to trial. 

Prosecutors that immediately obtain and hand over the requested audio/video recordings do so out of an interest in efficiency. Neither the prosecutor or defense attorney usually want to drag things out. I can only speculate on why some prosecutors choose to delay, but my pessimistic speculation leads me to believe that they are trying to pressure defense attorneys and defendants into making decisions without all the information necessary to make a good decision. Such decisions can have negative impacts on a defendant’s life. Fortunately, the Oklahoma Open Records act provides experienced criminal defense attorneys the ability to obtain crucial evidence directly from arresting agencies without having to deal with prosecutorial stonewalling.