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Questions Answered by Frank A. Urbanic
2 Answers | Asked in DUI / DWI for Oklahoma on
Q: Does someone have to take the sobriety test if pulled over?
Frank A. Urbanic
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Frank A. Urbanic
answered on Jan 6, 2018

No, NO, and NOOOO!!! You absolutely don't need to take any of the standardized field sobriety tests. You also don't have to blow into a preliminary breath test machine. If a cop sticks something in your face and tells you to blow into it then you don't have to.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My brother was convicted of trafficking meth in 2006 at 85% have any laws changed to get him paroled now.

The evidence was a stolen out of impound by a cop and the cop didn't go to prison. He went before the judge for sentencing. He was Guv in credit for the year in county before sentencing.

Frank A. Urbanic
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Frank A. Urbanic
answered on Dec 21, 2017

No laws have changed with respect to drug charges that wold help your brother. He may be able to get a judicial sentence modification. The law on that changed to allow one within five years of a sentence. But, if he was convicted in 2006, then that would be way beyond the five year limit.

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Is it illegal for me to contact someone if I have a protective order against them

Is it illegal for someone to contact me if I have a protective order against them

Frank A. Urbanic
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Frank A. Urbanic
answered on Dec 17, 2017

No, but they would likely be violating the terms of the protective order if they respond.

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1 Answer | Asked in DUI / DWI for Oklahoma on
Q: If I'm stopped for driving under the influence, can I talk to an attorney ...

... before I decide whether to take a breath, blood, or urine test?

Frank A. Urbanic
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Frank A. Urbanic
answered on Nov 22, 2017

No.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: can a 17yr old give police consent to search his car

o

Frank A. Urbanic
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Frank A. Urbanic
answered on Nov 22, 2017

Yes

3 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Oklahoma on
Q: What are the chances authorities come after a 20 year-old for an offense committed when they were 10
Frank A. Urbanic
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Frank A. Urbanic
answered on Oct 31, 2017

Did you ask this question on Avvo a bunch of times already?

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can i get my felony possession conviction reduced to a misdemeanor now that law changed in Oklahoma?

Convicted 2015. Still on doc probation. It was possession personal use. Now that is a misdemeanor charge

Frank A. Urbanic
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Frank A. Urbanic
answered on Oct 16, 2017

No. This question has been asked a million times, and the answer is still no. It's not retroactive.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If someone is supposed to be in a 52 week batters class what will happen since he's not in a class?

He's been supposed be finishing this class for a while. He got in the class court ordered in 2014 for domestic assault and battery in front of a minor. He keeps getting kicked out for not going. And he hasn't been in a class since his last court date and he goes back to court in a month.... Read more »

Frank A. Urbanic
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Frank A. Urbanic
answered on Oct 14, 2017

Probably go to jail or prison depending on whether it was a misdemeanor or a felony, respectively. He needs to start the class ASAP and hire an attorney. Nobody can force him to go to the class. If he doesn’t want to do the class then he can get locked up. Simple as that.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I was pulled over for DUI 6 months ago but was never given a ticket or anything. The courthouse has no record on me.

I call every week and still nothing. What do I do now? I got a lawyer and I live in a different state and I have my license too.

Frank A. Urbanic
PREMIUM
Frank A. Urbanic
answered on Oct 9, 2017

If you have an attorney, then that's who you need to be directing this question at. If your lawyer isn't answering your questions then you need to get another attorney.

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: Can a mother charge a 13 year old girl for "threatening" to fight her 14 year old daughter?
Frank A. Urbanic
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Frank A. Urbanic
answered on Oct 2, 2017

The mother can't charge anybody with anything. All she can do is report it to the police who might then refer the case to the District Attorney.

2 Answers | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Oklahoma on
Q: I wasn't home and a cop came into my home treating my minor child telling him he would take him to jail if he did move.

They had no warrant and looking for a minor child my son knows. Our they allowed to do this? They are also city cops and I live in the county

Frank A. Urbanic
PREMIUM
Frank A. Urbanic
answered on Oct 2, 2017

If you kid let him in then the cop probably legally entered your home. Kids as young as 9 have been deemed to have the authority to allow cops into the house.

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I received a subpoena on my door today (wasn't home) for a domestic violence case. Do I legally have to go as a victim?
Frank A. Urbanic
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Frank A. Urbanic
answered on Sep 20, 2017

Consulting with an attorney first is the best course of action. They can tell you your reponsibilities the effect of inaction.

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: My 17yr old broke into my neighbors house 2 times. 2nd time to get His headphones back. What can they do to him and

He's trying to get into the Army. Can the Courts put him in there?

We live in Oklahoma

He's ADHD and ODD.

1st offence.

Frank A. Urbanic
PREMIUM
Frank A. Urbanic
answered on Sep 20, 2017

He can be charged with anything from breaking and entering to first degree burglary. Get him an attorney ASAP.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My husband just found out he has a Warrent for his arrest in Oklahoma he lives in Oregon but the warrent is25 years old
Frank A. Urbanic
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Frank A. Urbanic
answered on Aug 19, 2017

Have him contact an Oklahoma attorney to get help with that.

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: First time DUI innocent help me

I was charged with a DUI. No one seen me inside the car no injury accident. Now earlier that day I was assaulted. So I had already been to the hospital that day the doctor offered me pills. I told the nurse no did not take the pills. Later that day doctor called the police. The nurse brought me the... Read more »

Frank A. Urbanic
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Frank A. Urbanic
answered on Aug 11, 2017

You have an attorney. Follow his advice. If you don't like his advice then hire an attorney.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: O.S. my sons sentence was revoked how long will he do since the revocation was for aggravated assault here in oklahoma

for Aggravated assault 5 years. He has new connviction for drug felony charges he got 6 years to run concurrent with the five years

Frank A. Urbanic
PREMIUM
Frank A. Urbanic
answered on Jul 29, 2017

So then he will do 6 years. Where is the confusion?

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Is a DUI a misdemeanor or a felony in Oklahoma?
Frank A. Urbanic
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Frank A. Urbanic
answered on Jul 29, 2017

It could be either. Depends on several things. Need more info on the specific case to determine which it is.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a defendent who was sentenced a deferrement in April 2005 be eligible to receive another deferred sentenced in 2017?

Occurrence timeline was Nov. 18th 2004 and Dec. 8th 2015

Frank A. Urbanic
PREMIUM
Frank A. Urbanic
answered on Jul 27, 2017

It depends on the type of charges but generally yes. The prosecutor will likely have to waive the prohibition on it.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a felony from 2002 it was a possession of meth very small amount .08 grams and paraphernalia. Judge gave me 5 yrs

5 yrs.Probation 1yr supervised.haven't had any thing since.does the new laws in ok.drop this to misdeameanor?

Frank A. Urbanic
PREMIUM
Frank A. Urbanic
answered on Jul 1, 2017

It's not retroactive. You're out of luck.

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