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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: I got picked up and charged with obtaining merchandise under false pretense and on top of that got a charge of

Obstruction went to jail got bonded out on the obtaining merchandise under false pretense 300.00 had court the next morning the only thing I was being charged with was Obstruction so I called my bondsman and explained and they said they would check into it and when they got back with me they said... View More

James L. Arrasmith
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answered on Mar 11, 2024

In this situation, it's essential to understand the specific details of your case and the bond agreement you signed with the bondsman. Generally speaking, when you pay a bondsman, you are paying a non-refundable fee (usually a percentage of the total bond amount) for their services in posting... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Oklahoma on
Q: Shouldn't I have been given time to get another attorney?

My attorney recused himself from my case at my hearing and the judge MADE me represent myself. I didn't want to represent myself. Even asked for time to get a different attorney & she said no.

James L. Arrasmith
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answered on Mar 9, 2024

Based on the details you've provided, it seems that the judge's decision to make you represent yourself without providing you time to obtain a new attorney may have been improper. In the U.S. legal system, defendants have the right to legal representation, and if an attorney withdraws... View More

1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Estate Planning for Oklahoma on
Q: What can i expect when looking to hire a trust lawyer to overturn an irrivocable trust that was created after grantor

After grantor was diagnosed 3dif times with dementia also trust was signed before ranch was purchased and poa became successor trustee due to fathers incompetence sep 08 2022 before new amended irrivocable trust had been signed

James L. Arrasmith
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answered on Mar 8, 2024

When seeking to hire a trust lawyer to challenge or overturn an irrevocable trust, particularly under circumstances involving the grantor's mental capacity at the time of the trust's creation, you can expect to navigate a complex legal process. Lawyers in this field will first review all... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My friend already has a court appointment attorney and has been in jail for a lengthy amount of time if I Bond her

Out now will she keep her Court appointment attorney or will they still make her hire a private attorney

Tracy Tiernan
Tracy Tiernan
answered on Mar 7, 2024

That’s an excellent question, and a quite common question as well. It depends on the judge, the district attorney, and what type of case. If it’s a small misdemeanor case, there are instances where you can keep your court appointed attorney. If it’s a more meaningful case like a felony and... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: assaulted by a deputy and now im stuck in that jail and im scared its going to happen again What should I do
James L. Arrasmith
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answered on Feb 25, 2024

I'm very sorry to hear you were assaulted by a deputy and are now scared in the same jail. No one should have to endure violence or fear while detained. Here are some recommendations on steps to take:

1. Report the assault immediately in writing to jail authorities and request...
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1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: If im on probation for violating p.o. and the victim dismiss p.o. and I still on probation?

I'm creek Indian. Should I have went thru tribal court?

James L. Arrasmith
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answered on Feb 25, 2024

If you are on probation for violating a protective order (P.O.), and the victim decides to dismiss the protective order, it does not automatically mean your probation conditions are lifted. Probation is ordered by the court, and only the court can modify or terminate it. Your probation terms remain... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: I am in a similar situation except the amount of meth is 0.52 grams total package weight. At the time of the arrest the

the first officer on the scene removed everything on my person and checked my pack of cigarettes and didnt find anything. upon arrival at county the other transporting officer got our all 3 of our property not separated. and i was booked in on poss of stolen veh. it wasnt until i went to arrainment... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the situation you've described in Oklahoma, here are a few options you could potentially pursue to get the drug possession charges dismissed or evidence suppressed:

- File a motion to suppress evidence arguing an illegal search and seizure. The fact that the first officer...
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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: If someone got arrested for trafficking and failure to affix a drug tax stamp and they don't have a bond or court date b

And they have a hold for the Oklahoma Bureau of Narcotics, when and where will they go to court?

James L. Arrasmith
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answered on Feb 22, 2024

If someone is arrested for trafficking and failure to affix a drug tax stamp and is currently under a hold for the Oklahoma Bureau of Narcotics, the next steps regarding court appearances depend on several factors, including the jurisdiction of the arrest and the specific details of the charges.... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend was arrested for shoplifting

My friend was arrested for shoplifting at Walmart. She sat in jail all night. when she went to court neither the judge nor her knew what she had taken. The judge had nothing on it. Even asked her what she had been accused of stealing. She said she didn't know. They told her she couldn't... View More

T. Augustus Claus
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answered on Feb 13, 2024

In Oklahoma, the situation described, where an individual is arrested for shoplifting but neither the judge nor the accused has specific information about the items allegedly stolen at the time of the court hearing, raises concerns about due process. Due process is a constitutional right that... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I am served with a subpoena on a criminal case and fear for the safety of my child if i testify be undue burden?
Tracy Tiernan
Tracy Tiernan
answered on Feb 12, 2024

Criminal subpoenas go out every day across the state of to a variety of witnesses and victims.

One of the most commonly complained of phenomenons by District Attorney and Prosecutor’s offices is when these necessary parties fail to appear at court after having been subpoenaed. As a result...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Oklahoma on
Q: Stopped and searched and charged with posession of narcotics paraphenalia,

I am a Texan. I was stopped by a sheriff on a country road.

He ordered me not to use my phone to record what happened or to speak with anyone.

He was reckless with my belongings.

He asked me about drugs – as if requesting I give him drugs as a bribe.

He... View More

James L. Arrasmith
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answered on Feb 4, 2024

Facing charges for possession of narcotics paraphernalia, especially under questionable circumstances, requires immediate legal action. The situation you described raises concerns about the legality of the stop and search, as well as your rights during the encounter.

First, it's...
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1 Answer | Asked in Criminal Law, Constitutional Law, Federal Crimes and Internet Law for Oklahoma on
Q: Can a case be dismissed on a typing error. Affidavit has date that hadn't even occurred yet on it as part of it

Example. On September of 2023 & January 31st 2024. And the person was arrested before January 31st. Saying a crime happened on or about those days

James L. Arrasmith
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answered on Feb 1, 2024

A case can potentially be dismissed due to a significant typographical error or inconsistency in an affidavit, particularly if it impacts the accuracy and credibility of the allegations. If the affidavit contains a date that hadn't occurred yet at the time of the alleged crime and the person... View More

1 Answer | Asked in Criminal Law, Communications Law, Internet Law and Libel & Slander for Oklahoma on
Q: How would I go about getting some harassing and malicious text messages gone through and press charges?

Someone was sending text messages to my husband and me using an app where they could keep changing their phone number. I would try to engage with them to see if they would tell me who they were. They knew things about me, like me having cancer and what road I lived off of. My number was not given... View More

James L. Arrasmith
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answered on Jan 31, 2024

I understand your concern regarding the harassing and malicious text messages you've been receiving. To address this situation, start by preserving all evidence of these messages, including screenshots, dates, and any information you have about the sender. This documentation will be crucial if... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Can you be charged with obstruction for not identifying if you have committed a crime or arrested.
James L. Arrasmith
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answered on Jan 30, 2024

In Oklahoma, the question of whether you can be charged with obstruction for not identifying yourself if you have committed a crime or been arrested depends on the specific circumstances and the laws in place. Generally, if you are lawfully arrested or detained by law enforcement, you may be... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: can a person who is a guest of a tenant, that has been previously trespassed be detained or arrested for trespassing?

I work for the Oklahoma City Housing Authority. This is in reference to senior building, single family homes and apartment complexes. We have many individuals who have been trespassed for various infractions of building rules, violations of the lease agreement and violations of the law i.e.... View More

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answered on Jan 30, 2024

In Oklahoma, if a person has been officially trespassed from a property and then re-enters the property, they can be detained or arrested for trespassing, regardless of whether a resident has allowed them as a guest. This is because the initial trespass notice overrides a tenant’s permission for... View More

1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: How long after receiving documents does the clerk have to file document?

Inmate appealing district courts denial of request for preliminary injunction. Inmate sent designation of record to the district court on 1-16-24 and it still has not been filed in the district court. Inmates family called the district court to ask have they received it, the clerk assistant says... View More

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answered on Jan 28, 2024

The time frame for a clerk to file a document can vary based on the court's procedures and workload. Generally, clerks are expected to file documents in a timely manner, but there is no specific universal deadline for this process.

In the case of an inmate's appeal, it's not...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What are my options on a voluntary extension of probation
T. Augustus Claus
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answered on Jan 26, 2024

It is advisable to begin by discussing the situation with the probation officer, who can provide guidance on the process and specific requirements. Depending on the jurisdiction and probation terms, a formal petition may need to be filed with the court, and consulting with a criminal defense... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is attemted robbery in oklahoma an 85 percent crime?
David A. Cincotta
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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?

David A. Cincotta
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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

David A. Cincotta
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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

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