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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: My husband was just sentenced to 85% crime. His lawyer says it is considered non violent. Are all 85% crimes violent?

He is being told in jail that all 85% crimes are violent. We don't know if his lawyer told him correctly. We are in Oklahoma.

David A. Cincotta
David A. Cincotta answered on Aug 4, 2021

Yes, at least what is considered a violent crime under Oklahoma law. A few years ago, the State Legislature amended the violent crime list to ensure they included all of the 85% crimes as violent crimes. Now, the opposite is not true - there are violent crimes that are not 85% crimes.

For...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have court tomorrow and have not been able to find an attorney for a criminal case. how do I get a continuance?
David A. Cincotta
David A. Cincotta answered on Aug 4, 2021

If this is your first court setting, you may be able to get a continuance. If you have an attorney you want to hire but just don't yet have the funds yet to hire the attorney, you should inform the court of that and be prepared to have the attorney at your next court date. It also helps if you... Read more »

1 Answer | Asked in Sexual Harassment, Internet Law and Criminal Law for Oklahoma on
Q: I am being blackmailed with a video of sexual nature taken of me at 16.

I have proof of him threatening me directly and through another person. He has harassed me on and off since I dated him a year ago. He harassed me and other girl last night and is not threatening to post said video as a way to keep me quiet about his harassment last night.

Charles Watts
Charles Watts answered on Aug 4, 2021

Contact an attorney as well as file a police report regarding the harassment and threats, and consider potentially filing a VPO. There are specific statutes regarding this type of crime and it should be taken seriously.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I've wrnt in cleav. co. Ok for not chekn back to PO , payed 1nce on fines and did no comm. Serv. Happend 3yrs ago

I only reported in to p.o 1 time and payed on fine 1 time but have done zero community service. (Though I do volunteer at meals on wheels but feel it would be in poor taste to claim comm. service for my volunteer work) the law about meth possession has changed since my plea so if I turned myself in... Read more »

David A. Cincotta
David A. Cincotta answered on Jul 30, 2021

There is nothing wrong with counting the hours spent volunteering with meals-on-wheels as community service, as that is what community service is (volunteering your time for the betterment of the community). You will need proof of the hours you worked and I'm not certain whether... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In the state of oklahoma how much time can u get for the following charges possion of cds conspiracy to commit a felony,

Poss possession with intent to bring into a penal institution, possession marijuana, position of pharanellia, open container

Tracy Tiernan
Tracy Tiernan answered on Jul 24, 2021

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 »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was bonded out on a $20,000 Bond went to court was told that I couldn't get a court-appointed lawyer

I have no job I can't afford a lawyer felony possession of a firearm

Tracy Tiernan
Tracy Tiernan answered on Jul 16, 2021

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 »

1 Answer | Asked in Criminal Law and Tax Law for Oklahoma on
Q: How do I report title jumping?

I traded a motorcycle for a truck and he never sent me a title. I found out the truck isn’t even in his name..

Jessica Brown
Jessica Brown answered on Jul 16, 2021

I’d probably start by contacting the Attorney General’s office - specifically the consumer protection division. It might also be worth filing a police report for fraud and you could have a civil fraud claim against this person as well.

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Oklahoma on
Q: If a minor raped an adult in the state of Oklahoma, is there legal action that can be taken?
Jessica Brown
Jessica Brown answered on Jul 16, 2021

Yes - both criminally and maybe civilly.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does forfeiture after 91st day mean
David A. Cincotta
David A. Cincotta answered on Jul 9, 2021

If this is in reference to a bond/bail forfeiture, then it likely has to do with the process set forth in law regarding when a bondsman must pay the bond forfeiture. This area of the law is very technical. Without getting into too many details on the bond forfeiture procedures, you just need to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a motorcycle I was sorking on for a guy ended up being stolen and it was found in the garage ahere I live at. Trouble
Tracy Tiernan
Tracy Tiernan answered on Jul 9, 2021

Yes, it could be big trouble potentially. Possible Possession of Stolen vehicle, Knowingly Concealing Stolen Property. You need to immediately consult a criminal defense attorney

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a persons parole is revoked and his street time is not granted does he go back and do 100 percent of the original p

Parole he started out with

David A. Cincotta
David A. Cincotta answered on Jul 6, 2021

Short answer is yes. When he paroled, he had so many days remaining on his sentence. If granted street time, he would receive the time he was out on parole (up until the warrant being issued for the violation) subtracted from his days remaining. He could also be awarded credit for time served - the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the statute of limitations in Oklahoma on assault and battery with a dangerous weapon?
David A. Cincotta
David A. Cincotta answered on Jul 1, 2021

For the specific crime you reference, the statute of limitations is 3 years.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does “Jury Trial (Issue)” mean in Oklahoma? The final pretrial was just cancelled and this was scheduled.

The final pretrial was just cancelled and this was scheduled for a week prior to the trial date. No jury selection has been scheduled or anything?

Tracy Tiernan
Tracy Tiernan answered on Jun 28, 2021

As a general rule whenever you see the word “issue” attached to a court proceeding it means evidence will be taken, witnesses will be called, final disposition of some stage in the life of that case will be had. For instance, in felony cases when the court characterizes a setting as... Read more »

2 Answers | Asked in Criminal Law and Family Law for Oklahoma on
Q: Am I required to leave my house if an emergency ex parte order is not granted
Pete David Louden
Pete David Louden answered on Jun 25, 2021

If you own a house you are entitled to live there unless there is a court order saying otherwise.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My significant other is currently incarcerated for an alleged charge that a alleged victim is involved. The alleged…

Victim was recently arrested. So what will happen with the case involving my significant other knowing that she is in police custody.

Tracy Tiernan
Tracy Tiernan answered on Jun 23, 2021

I’m afraid there’s not enough information to give an accurate answer. When you say “incarcerated” I will assume you mean he/she is in prison, which seems to indicate he/she must have pleaded guilty to this crime and accepted a plea bargain (or lost at trial/ or was sentenced after a blind... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I am in security or law enforcement and I carry a taser, does it look better in court if I have been tasered?
Charles Watts
Charles Watts answered on Jun 21, 2021

It has no bearing on court if you have been or have not been. There are however good training benefits from having the taser used on you, but so long as you receive the proper training and it is documented then you do not have to be tasered in order to be certified.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does commitment issued and return commitment mean

My friend went to jail on a sanction it says commitment issued now it’s saying commitment returned document unavailable are they being terminated or do they get to come back to the program

Tracy Tiernan
Tracy Tiernan answered on Jun 19, 2021

Those are simply terms used by the court system indicating that a document(s) pertaining to a defendant being taken into custody have been issued by the Court.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If you are bonded out of jail when you go to your court date can you still get a court appointed attorney?
Tracy Tiernan
Tracy Tiernan answered on Jun 15, 2021

This is a bit of a difficult question to answer as it varies from county to county, from Judge to judge (particularly with the coronavirus pandemic having ravaged the country this past year or so.

In many instances the courts have dramatically reduced bonds to get people out of custody as...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What motion is it where you ask about you time being out on bond getting counted towards your incarnation time?

Where pre-sentance confinement & time on bail gets counted toward time served.

David A. Cincotta
David A. Cincotta answered on Jun 9, 2021

It's not really a motion. If it is part of a plea agreement, then it would need to just be written into the plea paperwork. If it is blind plea sentencing (where there is no agreement) or sentencing after a bench/jury trial, the defendant (through the defendant's attorney) can request... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: What writ is it where an inmate is being held for a jail sentence in one county serving a sentance but petitions another

Petitioning one county to start sentence while being held serving in a different county.

Andrea Worden
Andrea Worden answered on Jun 7, 2021

writ of habeas corpus

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