My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More
answered on Mar 16, 2024
Criminal charges involving a tribal member as the defendant, as I’m sure you have experienced, can remove a case from state court to a tribal venue. They will always set a bond except, in extreme cases, that would allow your brother to secure his release from custody if he were in the financial... View More
Out now will she keep her Court appointment attorney or will they still make her hire a private attorney
answered on Mar 7, 2024
That’s an excellent question, and a quite common question as well. It depends on the judge, the district attorney, and what type of case. If it’s a small misdemeanor case, there are instances where you can keep your court appointed attorney. If it’s a more meaningful case like a felony and... View More
answered on Feb 12, 2024
Criminal subpoenas go out every day across the state of to a variety of witnesses and victims.
One of the most commonly complained of phenomenons by District Attorney and Prosecutor’s offices is when these necessary parties fail to appear at court after having been subpoenaed. As a result... View More
What is prosecutorial discretion
answered on Dec 5, 2023
I think it’s safe to assume that you have an attorney representing you? You would never want to reach out to a prospective witness against you or their attorney without consulting your attorney, who undoubtedly has a game plan and strategy in place.
Often times with codefendants the... View More
I was the passenger in my friends truck when we were pulled over. Turns out his truck was stolen and there was a pound of meth inside a taped up puzzle box in the passenger floor board. It’s a single cab truck with a bench style front seat. He had lots of stuff in the floor board already, I was... View More
answered on Dec 3, 2023
There are lots of different reasons why charges might get dismissed or pursued only against a certain occupant when there is more than one occupant of the vehicle and drugs are found in the course of a search. There’s a possibility that one occupant is cooperating in order to save his/ her own... View More
My Po says I can't? Does he have the right to deny me that right?
answered on Nov 16, 2023
I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many... View More
From Texas in Oklahoma and the owner claims the gun and never give them consent to search or unlock glove box
answered on Oct 22, 2023
Someone convicted of a felony is not allowed to possess a gun under his roof, in his car, or in his pocket.
The situation that you have provided raises a couple of interesting questions. The first is the legality of the search and seizure. The second is knowledge of the presence of the gun... View More
It’s been on my record for over 30 years
answered on Oct 9, 2023
Many criminal defense attorneys also offer criminal record expungement services. It involves a petition, serving notice on several entities involving law-enforcement and other state offices, setting it for hearing, and, in most instances, simply circulating an order of expungement for signatures... View More
answered on Oct 1, 2023
An “issue” setting means it will be the actual Jury Trial. An evidentiary trial before a Judge with an impaneled jury, testimony taken from witnesses annd evidence introduced. The trial will conclude with a deliberation by the jury and, hopefully, a final verdict.
Does that mean they don't have the proof of how much I had or what I had on me or is that events might have been lost or is it because I was arrested by Tribal Police but I'm going through a state case
answered on Sep 27, 2023
Criminal cases involving questions as to someone’s, possibly having ingested drugs or alcohol can sometimes be delayed when test results are sent off to the Oklahoma State Bureau of Investigation lab or some other lab for testing. I’m not sure what your situation is but I suspect, perhaps, a... View More
answered on Sep 16, 2023
Many bondsmen/ women operate differently. They don’t have to take your case. If they feel uncomfortable or feel, there is a risk you might not show up to Court or you are a flight Risk.
Again, you need to contact the bondsman/ woman that you have to discuss any issues related to a change... View More
answered on Sep 14, 2023
Interesting fact pattern for certain. The crime (False Declaration of Ownership) was completed when you signed the document alleging you have owned the property for a certain period of time. The fact that you retrieve it later and make everything right would certainly be an extenuating circumstance... View More
answered on Sep 5, 2023
Emergency protective orders are not criminal charges, they are sort of “quasi criminal.” They are intended to keep certain parties apart from each other because of the alleged wrongdoing of one of them. As long as rules are followed once a decision is made on whether there is any merit to an... View More
Would it be better if I got him a paid attorney
answered on Jul 19, 2023
I’m afraid we’re going to need a bit more information before we can give you any meaningful direction.
But it sounds like you have a situation where a public defender or indigent defense attorney was appointed for someone who was sitting in jail as the case was making its way through... View More
When I was a kid, barely 18 even I got into trouble and caught a felony case.. I was so young and scared of the system that when my mother bonded me out I glad-fully forgot about the incident.. Until my court date came and I was sitting in the courtroom with my mother, both of us scared to death..... View More
answered on Jul 3, 2023
Very good question! In most instances, when a defendant arrested for a crime is bonded out, it shows the court (or judge) that you likely also have the financial ability to hire and pay a private attorney to represent you. They go to great lengths to lighten the load for the public defenders... View More
answered on Jun 23, 2023
Great question!
If you have noticed this dementia, and if you believe it is affecting the quality of representation of your case, it would be up to you whether or not to bring this concern to that attorney or the Court (Judge).
The attorney, I imagine, might disagree with you or... View More
We fired the lawyer because she lied about what she can deliver , she lied about being at court, she lied about not being able to have access to the discovery. She lied about when preliminary conference and the preliminary was. We asked for the preliminary to be scheduled and she kept scheduling... View More
answered on Jun 9, 2023
You should always be suspicious of any attorney that says he drinks with the VA and currys favor with a Judge.
Can you tourney who won’t share evidence with the client he’s not doing their job. Most competent attorneys in just about any county should have your evidence within 1 to 7... View More
Witness to testify it did not happen.
answered on May 1, 2023
Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.”
This concept involving how... View More
answered on Apr 3, 2023
A motion for “discovery” is often filed when one party, usually the defense attorney, but it can also be the government’s attorney, files a motion, asking for additional evidence that they believe might be in existence but has not been turned over to them yet. A “brief in support” of such... View More
consequences for the mother if she drops charges and a protective order? He doesn’t live in their home. She was told she could be charged with a misdemeanor. Is that true?
answered on Mar 28, 2023
This question depends a lot on the involvement of the department of human services in the matter. However, as a general rule, if a man has abused one of the children in the home (doesn’t matter whether they are his biological children, stepchildren or children of a girlfriend in a relationship)... View More
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