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Questions Answered by David A. Cincotta
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... Read more »

David A. Cincotta
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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
David A. Cincotta
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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... Read 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?

David A. Cincotta
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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... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: neihbor went to jail gave me permission to enter house to save dogs that where in kennel went in window filed b&e

jail didnt want to give key i went in window she said to save dogs gave me permission through a message with bondsman to save the dogs i used her icemaker and car jack while she im jail gave it back after i picked her up from jail she lost some weed and called police..i got a b&e possesion of... Read more »

David A. Cincotta
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answered on Nov 11, 2022

I would recommend you not state in a public forum the facts about your case/charges. You need an attorney, and you should look for a criminal defense attorney in the area where your charges are filed. You may have a defense to some or all of your charges, but you need to discuss the facts with your... Read 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

David A. Cincotta
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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... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the driver openly states there is specific paraphernalia for the use of narcotics, is it PC to search the vehicle?

If the driver, who was stopped with PC to state statutes, admitts to using a specific narcotic in specific paraphernalia and states where the paraphernalia is located, is it enough PC to conduct a warrantless search of the vehicle?

David A. Cincotta
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answered on Nov 11, 2022

It's difficult to say without more facts. However, if an individual admits to a police officer that evidence of a crime is located within his/her vehicle, the courts are likely to say that an officer then had probable cause to search his/her car for additional evidence.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does a transfer order mean

They messed up on my j.s and the original court order is correct

David A. Cincotta
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answered on Nov 11, 2022

A transfer order typically just refers to the court transferring the case from one judge to another judge. Generally speaking, a transfer order does not have anything to do with a J&S.

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?
David A. Cincotta
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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... Read 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... Read more »

David A. Cincotta
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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... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Oklahoma on
Q: Is there a website, book, or other source accessible to the public where I can read all of the Oklahoma Laws?

I ask in order to know laws that do/ do not apply to me.

David A. Cincotta
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answered on Oct 25, 2022

There are a few. The Oklahoma Judicial Branch has a website that has all of the Oklahoma Statutes, Constitution, Session Laws, and more. Go to www.oscn.net and click the link for "Legal Research" and then click on "statutes" or "Oklahoma Statutes Citationized" From... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My neighbors acroos the street shot off their weapon (gun) 7 rounds a few minutes later (3) fired off another 7 rounds.

approximately 10:45 p.m. The next day i noticed a hole in my svreen and window leading to my livingroom. The ricocheded bullet only went through the screen and first glass. I notified the police. The officer took a report and picture of the window, then left. Looking into the replacement of the... Read more »

David A. Cincotta
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answered on Oct 24, 2022

You should contact the detectives to see if they have any updates or suggestions. They generally want to help and want to get to the bottom of the matter, but they may have additional cases to investigate in front of yours. If you hear gun shots, call 911 and report it immediately. There may be... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do you have to be ordered by a judge to register as a violent offender? Or can Doc make you?

My probation officer is trying to make me register as a violent offender. I wasn't ordered to. Nor been convicted of such crime

David A. Cincotta
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answered on Oct 24, 2022

Contact the attorney who represented you at the time of your plea. If that attorney is not available, contact a criminal defense attorney. Generally, the Court does not have to order it for the individual to be required to register. There may be arguments that exist for not having to, but I would... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I get a misdemeanor dropped if it came as a result of me getting falsely accused of something else?

I was accused by a driver of throwing a rock and breaking his windshield. I have surveillance video showing me walking away from his car without throwing anything as well as footage of his car with a cracked windshield before he got to me. He called the cops and within a minute they had me detained... Read more »

David A. Cincotta
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answered on Oct 24, 2022

It's difficult to say for sure. If law enforcement was acting reasonably based on the information they had at the time, it is unlikely the fake id would be suppressed. With that said, the prosecutor may become more lenient regarding the fake id upon proof that the misdemeanor involving the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Walmart Pressed charges against me and did not tell me, they went and told other people, is that legal?
David A. Cincotta
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answered on Oct 24, 2022

It is unclear exactly what occurred here or what charges have been brought against you. With that said, Walmart must have made a complaint to a law enforcement agency regarding something they have alleged that you did. Walmart is not able to prosecute criminal cases or to decide whether to... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: A warrent was issued for trafficking illegal drugs and I know I was Targeted. what is the best move to make?
David A. Cincotta
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answered on Oct 14, 2022

Contact a criminal defense attorney immediately!

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1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: Is failure to yield to emergency vehicle is a criminal misdeameanor in oklahoma ?
David A. Cincotta
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answered on Oct 12, 2022

While traffic violations are generally treated a little differently, any violation of law in Oklahoma that carries a fine or jail time that does not meet the definition of a felony, is technically a misdemeanor. That includes all, or nearly all, traffic violations - including the one you ask about.... Read more »

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: In 2016, i was sentenced to a 5 year suspended sentence in oklahoma. The 5 years expired in 2021. What are my options
David A. Cincotta
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answered on Oct 3, 2022

If you are posting this question to find out what you can do have the records expunged, you will first need to apply for a pardon or wait. Assuming you conviction was for a non-violent crime, you will likely qualify to have the records expunged five years after your sentence ended (so in 2026).... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I had misdemeanor (s) that happened in 2014 and all the fines are paid how will I know when they can be expunged

I have a couple misdemeanors on my record and 2 felonies... But my misdemeanors are paid off and where done in 2014. How can I know they are eligible or not. And if that's so then when will approximately they be?

David A. Cincotta
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answered on Oct 3, 2022

There are two types of expungements of criminal cases in Oklahoma. If your sentencing on the misdemeanor was deferred, then you would qualify to have the case dismissed and the court records expunged upon the date to which your sentencing was deferred expiring. Some counties do this automatically... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I received a supeona to testify against my husband in a domestic case. Do I have to do it? I'm not wanting to.
David A. Cincotta
David A. Cincotta PRO label
answered on Sep 19, 2022

If you are not wanting to testify, I would recommend that you first talk to your husband's attorney. Failing to comply with a subpoena can have consequences, so don't just ignore it. You can always contact the prosecutor directly as well, but talking to your husband's attorney first... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Is there any types of appeals for someone that’s been in prison for 5+ years?

No previous charges, they got 15yrs for a child neglect charge. First and only offense.

David A. Cincotta
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answered on Sep 4, 2022

An appeal of the conviction is out-of-time. Under very limited circumstances, a conviction can be vacated through the Post-Conviction process. Another consideration would be applying for a sentence commutation.

I would encourage you to contact an attorney to review the person's...
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