answered on Feb 23, 2023
Rules vary for criminal and civil appeals and there are further differences within civil appeals based on the type of case and the type of order you are appealing from. But the general rule is that the record must be completed within six months of the date of the order appealed. And the brief in... Read more »
answered on Nov 1, 2022
Hi! You might be able to get a clear answer if you reword your question. The way it is laid out is a little confusing to understand.
No previous charges, they got 15yrs for a child neglect charge. First and only offense.
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... Read more »
I also had another child since moving to Oklahoma and My fiancé had a case in NC we have done everything even a home study and approved fit stable loving environment Is there anything I can do I know I’m not aloud contact with them ether but my oldest Continues to reach out to me and i can’t... Read more »
answered on May 12, 2022
If your rights were terminated and the child was adopted to another then it is very rare that you can get rights restored. There are a couple exceptions but those are extremely hard to prove and validate. As such the other parents have ultimate say over their child. Contact an adoption attorney to... Read more »
I went to jail for what I thought was a public intoxication. Was bonded out for that paid the bail went to court they said that no charges have been filed yet. I go back to check online to see if charge is it been filed a month later and yesterday they filed actual physical control of motor... Read more »
answered on Mar 16, 2022
Many times when the police arrest someone for a crime they have an idea of what statutes or ordinances have been violated. Often times it guesswork because they haven’t done their full investigation, maybe they haven’t talked to some witnesses or followed up on some evidence. They will list... Read more »
Even if it is just a free consultation, please contact me. This is a timely matter and I am requesting help. thank you for listening.
answered on Aug 28, 2021
An Oklahoma attorney could advise best, but your post remains open for a week and you say that time is of the essence. Here on Justia, this comes up:
Legal Aid Services of Oklahoma Inc.
2915 N Classen Blvd, Ste 500
Oklahoma City, OK 73106... Read more »
I am filing pro SE and was told in order to have my case heard I needed to file another motion. What other motion?
answered on Aug 6, 2021
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 »
What can I do to get him released from hold or speedup the process or to help him at all
answered on May 8, 2021
Best thing you can do is help him hire the best criminal defense attorney you can find.
The judge didn’t get to see specific details like the letter from the psychiatrist.
answered on Nov 4, 2020
First, I am not an Oklahoma lawyer. That being said, I don't see why not--as long as your notice of appeal is within the time frame of the OK rules and it is from a final judgment.
When filing a writ of cert to the Oklahoma Supreme Court for a civil case, how does the filing deadline work? If you have 20 days to file from the date of the appelate courts opinion, do weekends count. What if the deadline day is on a Sunday? Was the petition due on the previous Friday or Monday?... Read more »
answered on Oct 27, 2020
First, I am not an Oklahoma lawyer. That being said, generally the weekend days DO count if the time period is less than 10 days. So if you have say, 20 days, to get a petition in, those are calendar days. BUT if the last day of the time period falls on a weekend day (or federal holiday) then the... Read more »
Judge ruled in my favor to have my child returned to me but state is appealing.
answered on Sep 25, 2020
First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the... Read more »
The trial judge has ordered a cash appeal bond be payed at the time of or prior to the filing of the notice of intent to appeal. This bond is in the same amount as the fines I was sentenced to. Is this not a denial of the right every person has to appeal in every case in Oklahoma? Seems that if... Read more »
answered on Sep 3, 2020
No, it's not. There are cases that say they can't do that, yet it's still done all over Oklahoma. Hire an attorney to address this issue with the judge.
4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?
answered on Aug 11, 2020
The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:
"The... Read more »
answered on Feb 9, 2020
You include four categories for your question, but do not include Criminal Law - although you mention the word "sentencing." If your matter involves sentencing, a criminal defense lawyer should be advising you. As a general matter in virtually any context, appeals are governed by short... Read more »
Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life
answered on Feb 2, 2020
Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... Read more »
The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... Read more »
answered on Dec 7, 2019
You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might... Read more »
If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider
I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz... Read more »
answered on Mar 15, 2019
An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.
answered on Jan 27, 2019
You should speak with the attorney for the defendant and seek guidance on this issue. The attorney can tell you what potential impact it may have on the case.
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