In many instances a Judge WILL entertain an application or motion for early termination of a deferred probation provided all probationary obligations have been satisfactorily completed and fines, costs, assessments and probation fees are paid in full. You simply have your attorney file the motion...Read more »
If you haven’t hired a private attorney for him then the Court will likely have inquired as to his financial situation. If he qualifies as indigent, or unable to pay for a private attorney, they would have appointed a public defender. That’s who you need to contact. His attorney.
Criminal “Possession” of something is not always as straightforward as one might think. When you are looking at Possession of a controlled dangerous substance (CDS), or drug possession, it is not always the obvious situation where you are caught with the drug in your hand or pocket. It might be...Read more »
This is an incredibly common phenomenon in the criminal court system in Oklahoma and elsewhere. You bonded out …..somehow. It may not have come out of your pocket but it came out of someone’s pocket …your family, or a friend, or an acquaintance that was trying to help you. Now the judge is...Read more »
I’n most instances once your attorney negotiates an acceptable final plea bargain you can usually waive your trial rights (in felony cases you would also waive your right to a preliminary hearing), plead guilty (or no contest) and get started on your probation or agreed to punishment. You will...Read more »
I was pretty much bullied into opening the car door for my abusive boyfriend (now ex boyfriend) so he could load 2 weed eaters he had just stolen from a storage unit, into the back seat of his car. I opened the back door like I was told to, and Got directly back into the vehicle. I am being charged... Read more »
If you know about a crime, you go with them to the crime scene, you stay with them and you leave with them knowing what has occurred, you will almost always be charged as a codefendant. If you could show some coercion was applied to you, threats of some sort if you did not comply, and that you did...Read more »
This is a type of release granted by the Court (“Own Recognizance” bond), where the defendant is allowed to be released from jail or allowed to have a warrant recalled based solely upon his/ her own promise to reappear at court for all future court dates without having to hire a bail...Read more »
I don’t have enough information to answer your question. It sounds like you’ve got a new felony arrest with a bunch of misdemeanors while current being on probation for another case? Don’t know whether it’s felony or misdemeanor case that you’re on probation for. As far as how much it...Read more »
We really don’t have enough information to answer your question with specificity. Assault snd battery on a minor (your previous arrest) can be charged as a Felony. While the charge you have recited, “assault and battery in the presence of a minor” (I’m assuming you mean...Read more »
The quick answer is “yes,” if the bond amount posted was a meaningful amount. If it was a nominal bond like $100 or $200, and if certain other circumstances exist suggesting indigency or the financial inability to hire an attorney, then Judges will sometimes allow you to remain out on bond and...Read more »
Unfortunately your question is a bit cryptic in that it provides very little details and doesn’t really ask a question, it’s more of a statement. From what I can glean you are worried about getting arrested. If they did not arrest you at Walmart, than they are unlikely to do so after the fact....Read more »
Record was expunged and sealed. I'm trying to get arrest and/or court records now but the arresting agency and county clerk of the court have no records. The arrest still shows up on my national background check but without any related charges or court decisions. How can I get that info?
That was a long time ago. I’m guessing you might have trouble locating your attorney but that’s always the first place to start. There are different types of expungements under Oklahoma statutory law. Sounds like maybe you only took the expungement granted by the Court (Judge) but might not...Read more »
Currently incarcerated in Oklahoma and have an outstanding warrant also in Oklahoma. Is it possible to plead guilty and take a plea deal whilst I'm still in prison? There is an additional warrant in Kansas where prison time will be served once this sentence is over
It’s actually quite common. Many times people are sentenced to prison before they resolve or dispose of other pending felony or misdemeanor charges. Rather than waiting until they discharge or complete the sentence, often times they hire attorneys to file a writ of habeas corpus to bring them...Read more »
That charge, generally categorized as a lower level felony theft crime, is usually between $1000 and $5000. Of course it depends on the Judge and any previous contacts and history with law-enforcement.
I stood there in one spot at least six or eight feet away, just begging and pleading with them to go a little easier on my wife, there was four cops on her, they had her face down in the dirt, they were hurting her, I was afraid for her,as her husband I was just trying to protect her. Will I be... Read more »
Difficult to say without learning more about the facts and your background. I think in most cases like you’ve described jail time is not warranted. If you have a clean record most attorneys would have a chance to negotiate a disposition where you might even get a dismissal of the charges after a...Read more »
Essentially you are really just filling a single Motion to Dismiss and having the matter placed on the proper Judges Hearing docket to agree this issue. In your motion you would need to cite the McGirt Supreme Court decision, briefly discuss the case itself and hope it applies to your situation,...Read more »
You need to contact a criminal defense attorney to get exact statutory language and numbers, but possession of CDS is a misdemeanor and, in Oklahoma state courts, carries up to one year in the county jail and up to $1000 fine. I believe Conspiracy to Commit a Felony is a felony and carries up to...Read more »
Public defenders, or other state provided criminal defense attorneys, are generally reserved for the indigent or poor. First and foremost they are responsible for representing the majority of in custody criminal defendants who don’t have the money to bond out and go home pending the resolution of...Read more »
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