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Questions Answered by David A. Cincotta
1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is attemted robbery in oklahoma an 85 percent crime?
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answered on Jan 24, 2024

No. There are a couple unpublished opinions from the Oklahoma Court of Criminal Appeals (Robertson v. JCCC, HC-2005-768 - 2006, and Day v. State, F-2007-526 - 2008) that essentially provide that an attempt to commit a crime specified in Section 13.1 of Title 21 (the 85% crimes) is not subject to... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a felony from September of 2014, am I able to get it expunged? With that I got a misdemeanor in November of 2018.

Would my misdemeanor affect me getting my felony expunged?

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answered on Jan 24, 2024

It depends on whether your felony resulted in a conviction and what the crime was. If it was a conviction but one that can be expunged without a pardon, the misdemeanor conviction would prevent you from obtaining the expungement now. In that situation, you would have to wait until seven years has... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I would like to know if I am a defendant in a criminal case in the state of oklahoma and I am bonded out by an accredite

And licensed bondsman can the state or county say it was Seminole county Oklahoma now not the bondsman putting a stipulation on you but the state for you to have to submit a urine test every week even though you have not been convicted yet wouldn't that be punishment before you are convicted... View More

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answered on Jan 23, 2024

If you have been charged with a criminal offense, the court can set conditions for your pretrial release. Sometimes no conditions exist other than to not commit new crimes and to remain in contact with your bondsman. Other times, the court requires the person to have a GPS monitor, to have no... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can a judge put a NO CONTACT order on the accused for first offense without notifying the victim?

I went to court with my ex on the domestic dispute to actually speak on his behalf because I dropped the protection order off him and I just wanted him to get medical help with his bipolar and depression instead of jail time. Him nor I was ever told there was a SECOND no contact order on him by the... View More

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answered on May 8, 2023

Separate from a protective order, a judge can order a defendant in a criminal case not to have contact with the alleged victim as a condition of the defendant's bond. I cannot tell if that was done here, and it is usually not something that gets ordered without the defendant being informed.... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello my name is Lexie Im from Arkansas I live in Oklahoma my license is suspended in Arkansas for failure to appear

I literally forgot that date I wanted to go to prove my innocence just forgot now I'm trying to get my driver's license but it's suppended. Can't get to Arkansas cause I can't drive there. I'm so lost can you help at all.

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answered on Apr 24, 2023

I recommend you contact an attorney located in the county/municipality in Arkansas where you failed to appear. The attorney should be able to assist you.

Your other option is to contact the court clerk to pay your fine and fees in Arkansas. If you have an Arkansas license, you will then...
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1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Oklahoma on
Q: They're talking about re-arresting me when the lab results come back on the same charges I already bonded out on, legal?

I was pulled over and charged with possession. I had a tiny bag of meth and a "mixed" bag of coke and meth, at least that's what i was told it was. I was never 100% sure what it was mixed with and still don't, but If it's fentinol it'll be a little over 1 gram. I was... View More

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answered on Apr 6, 2023

Each county handles these matters a little differently, but the best thing you can do is monitor OSCN/ODCR to see if a case ends up being filed and stay in touch with your bondsman. If charges do get filed, your bondsman can likely repost the bond and set you up with a new arraignment date (and... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: A 4 year deferred was offered on a crime that the okl. Supreme court statute clearly states the maximum penality is 2 yr

My question is, what do I do next and how do I go about this?

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answered on Feb 24, 2023

The deferred judgment procedure is not a sentence, so the length in which the court can defer sentencing is not limited by the maximum range of a sentence for a specific crime. Should you agree to the deferred judgment, violate the terms of your probation, and the State seek to accelerate your... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do you have to remove your dogs from a vehicle during the traffic stop so the canine can conduct a free air search

I was an ended Oklahoma and they made me get my dogs out of the truck because the canine handler said their dog would not work with my dogs in the vehicle. They told me if I didn't remove my dogs from the vehicle during the free air search they would have animal control come and take my dogs.

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answered on Feb 24, 2023

The question you ask unfortunately cannot, in my opinion, be answered with a simple yes or no. The intricacies of a Fourth Amendment analysis regarding your rights and the actions of law enforcement are very fact specific. If you were charged with a criminal offense resulting form that traffic... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can county issue a warrant for failure to appear if they've been notified that the person is in jail in another county

My friend bonded out of one county but had a hold on another county. His court date is in two weeks and he was told that if he was still in jail in the other county that they would issue another warrant for failure to appear. And that even though he has met his bond that they might keep him until... View More

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answered on Jan 20, 2023

Typically, the courts will issue a warrant if a defendant does not appear as previously ordered - even if the defendant is in custody somewhere else. The court typically won't order the bond forfeited if it is clear the person is in custody elsewhere, but that helps the bondsman and not the... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: What are the steps that need to be taken when someone has used my name for 5 court cases? 2 of them have warrants

The two with arrest warrents were issued from animal welfare.

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answered on Jan 2, 2023

You should contact an attorney. However, I also am providing a link to a OSBI's website, which contains some helpful information. If the person who has used your name has been fingerprinted, OSBI can verify that your fingerprints are not the same as the individual who used your name. Upon... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend received a simple driving under suspension ticket, and paraphernalia charge. How much time will they get?

Second driving under suspension arrest. And no drugs were found with paraphernalia.

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answered on Dec 28, 2022

Every case is different, but it is possible your friend won't have to serve any time. Each crime you describe is a misdemeanor and each has the potential of a sentence no longer than a year in the county jail. Your friend should contact a criminal defense attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the statue of limitation on knowing conceal stolen property

In the state of Oklahoma

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answered on Dec 28, 2022

The limitations period that the State has to file the crime you ask about is three (3) years. Keep in mind that limitations on the period of time the State has to file a charge is different than speedy trial issues - the period of time the State has to bring the case to trial. If you have been... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello what is the Federal guidelines in order to qualify for a court appointed lawyer in Oklahoma?

What is the federal poverty level for an individual? Basically how is this figured?

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answered on Dec 2, 2022

Typically, someone who is out-of-custody will be required to complete an application for a court-appointed attorney (the application form is likely available through the court clerk, the court, or the public defender's office in Oklahoma County). The courts will require that you fully complete... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Oklahoma on
Q: I wasCharged in '16 w/ felony of knowingly concealing stolen property amount of 500.00$ but it was just changed to1,000

Can I possibly be retried or have a modification to my sentence

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answered on Dec 1, 2022

You are likely eligible for an expungement of all records of the offense (because of a change in law to make those convicted of a felony that has been reclassified as a misdemeanor eligible much sooner than others convicted of a felony). Unfortunately, you will still have to obtain a pardon first... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a felon hunt with a replica muzzleloader in Oklahoma since by definition it’s not a firearm?

I would like to know if I can hunt with a muzzleloader in Oklahoma, I’m a convicted felon but I’ve never been to prison. I’m not on probation and all my fines are paid off. I asked the chief of the law enforcement department of the Oklahoma wildlife conservation and he said I could not hunt... View More

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answered on Nov 22, 2022

Convicted felons are prohibited under State law to possess "any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm."

A firearm is defined by Oklahoma law as any weapon from which a shot or...
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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Us it true that if you get your first felony in Oklahoma between the ages of 18-25 you cannot receive a suspended senten
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answered on Nov 22, 2022

I agree with Mr. Tiernan. In addition to his comments, I wanted to point out that there is a law that specifically applies to individuals charged with certain felonies who are between the ages of 18 and 25. It is the Delayed Sentencing Program for Young Adults. The law on this requires the court to... View More

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1 Answer | Asked in Native American Law and Criminal Law for Oklahoma on
Q: I have native American blood but no Indian card is there a dna test I can take to show in court to have a state charge

Dismissed due to mcgirt ruling in Oklahoma? I've been trying to get indian card but it's a process my great great grandmother is full blood Cherokee but she passed away years ago so it's hard to get death certificate. How can I get her death certificate?

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answered on Nov 11, 2022

If you have an attorney, your attorney can assist you in this. If you don't have one, you need one. Death Certificates are somewhat difficult to obtain unless you fall within the list of individuals to whom it can be released. The State Department of Health - Office of Vital Statistics is the... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was recently facing a poss. Of CDS with intent in McClain county but had it dismissed on technicality of the Mcgirt

Law so now Chickasaw tribal courts has picked up the case after it was dismissed is this double jeopardy no person shall be tried twice for the same crime

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answered on Nov 11, 2022

No. First, your case in McClain County was not tried (at least by the way you describe it). Rather, it was dismissed prior to trial. In that situation, jeopardy in the first case never attached, so double jeopardy is not an issue. Second, double jeopardy only prevents you from being tried twice by... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend just went to jail for assault by strangulation in the presence of a child. Will he go to prison first offence?
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answered on Nov 11, 2022

That is difficult to say. The charge you describe is a serious felony, so, if the DA charges him with that, prison would be a potential sentence. That is not to say that he will go to prison, but it is a serious charge that will require he have a criminal defense attorney representing him. I... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: If a judge set a criminal charged to be handles at the same time as civil but forgets do I have to agree to go to court

Went to court for animal at larges case filed against me by my neighbor in retaliation for me filing one on her. Before I went to my hearing I struck the plaintiffs trash can with my car moving it about of the way as to park. I got a destruction of property ticket. When I went to court to plea on... View More

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answered on Nov 11, 2022

Yes. This is not a technicality that you are likely to have much success in arguing. The judge missed it, and no one called or nothing else been done, you might have avoided the mess with dealing with (at least until it was caught). However, it appears they caught the mistake fairly quickly, and if... View More

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