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Questions Answered by Frank A. Urbanic

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: Can you be prosecuted without the victim or witness?

Frank A. Urbanic answered on Apr 9, 2019

Succinctly... yes

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2 Answers | Asked in Criminal Law for Oklahoma on

Q: Okay so my husband was arrested on traffic and then was charged with poss of Contraband by inmate residue bag of meth??

What punishment is he likely to get and what's the minimum if I get an attorney? He has maybe one prior if any???

Frank A. Urbanic answered on Apr 8, 2019

Not enough info here to be able to competently answer this. He needs to get an attorney to help him. And even his attorney can’t predict the future.

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2 Answers | Asked in Criminal Law for Oklahoma on

Q: If my boyfriend is incarcerated filed for fast and speedy or dismissal over 2years ago but still nothing has been done

It's on a pending charge

Frank A. Urbanic answered on Jan 7, 2019

So he has new charges? If that’s the case he needs to hire an attorney and work to get a writ for him to appear in court.

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2 Answers | Asked in Criminal Law for Oklahoma on

Q: Is possession of a firearm afcf, considered violent?

Frank A. Urbanic answered on Dec 27, 2018

No.

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2 Answers | Asked in Criminal Law for Oklahoma on

Q: What can I do if the mother of my unborn grandchild is doing drugs?

Frank A. Urbanic answered on Dec 16, 2018

Report it to DHS and/or the police.

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2 Answers | Asked in DUI / DWI for Oklahoma on

Q: Are DUI penalties worse if there are children in the car?

Frank A. Urbanic answered on Dec 6, 2018

Yes you can be charged with child endangerment. That’s a felony.

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2 Answers | Asked in Civil Rights, Criminal Law and Elder Law for Oklahoma on

Q: What would be the typical bond for Exploitation of elderly or disabled adult and what to do if falsely accused

My Mom was helping this guy that asked to take care of him giving him baths and cleaning his house and to fix his house up and to get rid of a severe case of bed bugs and he gave her is credit card and the pin and car keys when he went to the hospital and my mom went and bought the things needed to... Read more »

Frank A. Urbanic answered on Oct 8, 2018

That varies by county and by judge. If bail has not been set yet, then contact a bondsman in the area. They will likely have the best estimate on what it may be.

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2 Answers | Asked in Criminal Law for Oklahoma on

Q: If I had a deffered sentence and didnt finish paying my probation can I go back and get the felony expunged?1st offense

I paid majority of my probation but was told if I didnt finish paying I would receive a felony on my record. Can I go back and expunge this if it was my first offense for possession of marijuana in front of minor

Frank A. Urbanic answered on Sep 10, 2018

You can't get the case dismissed until you pay everything off. You can't get the case expunged until you first get it dismissed then wait (probably five years for you). So, your clock doesn't start running until you get it dismissed.

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1 Answer | Asked in DUI / DWI for Oklahoma on

Q: When did the interlock device law go into effect for the state of Oklahoma?

Frank A. Urbanic answered on Aug 14, 2018

The interlock has been a part of Oklahoma law for a while. There was a major change in the DUI law in 2011 that mandated extra interlock time. This may be what you're thinking of.

1 Answer | Asked in DUI / DWI for Oklahoma on

Q: I don't think the cop had a reason to pull me over before giving me a DUI. Will this help my case?

Frank A. Urbanic answered on Jul 15, 2018

The cop must be able to articulate a legal reason for stopping you. This is why your attorney should to thorough representation by getting the police report, video(s), and any other available evidence.

2 Answers | Asked in Criminal Law for Oklahoma on

Q: Any hope for a better sentence?

So I have a homie in jail. Been sitting there for almost 2 years. Hes got Assault with a Deadly Weapon (AFCF) he already been to prison once. But he caught this charge because he stabbed someone in self defense. His mug shot shows how bad he was beaten. They are trying to give him a ridiculous... Read more »

Frank A. Urbanic answered on Jul 4, 2018

No way to tell what the chances of any of those things are. A good bookie in vegas probably wouldn't even be able to get you odds on that.

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2 Answers | Asked in Criminal Law for Oklahoma on

Q: stopped in 2017, 2 guns/ 26lbs weed. charge was 2 felonies at 7 years. 2018 current weight dropped the traffic charge

so know i am being offered 2 months in county, 5yrs probation sis and around 1000 fine. they violated my 1st/4th amendents and did not have reason to pull me over to begin with. really dont want these felonies and i don't want to fight it and lose to go to prison. Canadian county. just seems like... Read more »

Frank A. Urbanic answered on Jul 3, 2018

The other attorney's answer is correct. Talk to your attorney about this. You hired him to answer questions like this.

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2 Answers | Asked in Criminal Law for Oklahoma on

Q: How can two people be charged and convicted of poss. cds when upon searching vehicle drugs was found under pass.seat

driver and passenger only occupants, passengers drugs, shoved under pass. seat , not claiming drugs, both charged and both end with prison time

Frank A. Urbanic answered on Jul 3, 2018

The other attorney's answer is 100% correct--constructive possession is how this can happen. This occurs when you know the drugs are there and can control the disposition of them.

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2 Answers | Asked in Criminal Law for Oklahoma on

Q: What does "in presence of minor" mean when it comes to marijuana consumption? In same house, or in same room?

I would like to know if Oklahoma's law regarding penalties for marijuana consumption in the presence of a minor is interpreted as either "child in same house/building" or "child in the same room as the consumption".

Frank A. Urbanic answered on Jun 27, 2018

It doesn't matter anymore since State Question 780 went into effect in July 2017.

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2 Answers | Asked in Criminal Law and Civil Rights for Oklahoma on

Q: How do you know if you have been pardoned from a felony? Husband has 2 , spent time in prison and got jury summon

Frank A. Urbanic answered on May 21, 2018

You apply for one and the governor grants it.

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2 Answers | Asked in Criminal Law for Oklahoma on

Q: I wonder if I need to check yes to a felony conviction or no to the same on job app.

Frank A. Urbanic answered on Apr 30, 2018

If you got a conviction then check yes. If not then check no.

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2 Answers | Asked in DUI / DWI for Oklahoma on

Q: How do you get an ignition interlock for your car?

Frank A. Urbanic answered on Apr 27, 2018

You go on the Oklahoma Board of Tests website and call the approved interlock companies. Set up an appointment with one. Go to the place where you set up the appointment, and they will install the interlock.

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2 Answers | Asked in Consumer Law, Criminal Law, Civil Litigation and Small Claims for Oklahoma on

Q: Will Walmart come after me? They have sent the 3 letter & it was dismissed by the court due to my mom having dementia

My mom was w me & she wasn’t scanning items & they thought she purposely took them & I tried to tell the security guy that it was a mistake & my mom has dementia but he wasn’t letting it go. It was dismissed by the court. I keep getting letters from Walmart to pay $100 & if I dont, they will... Read more »

Frank A. Urbanic answered on Apr 23, 2018

They could go after you in civil court.

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1 Answer | Asked in Criminal Law and Family Law for Oklahoma on

Q: After a expungement filing, who am I responsible for contacting versus the court?

After an expungment is filed, who does the court contact and who is it my responsibility to contact in order to have the charges removed from their records? In general, who, if any of these agencies in Oklahoma would likely charge a fee to have the information removed?

Frank A. Urbanic answered on Apr 19, 2018

Are you filing an expungement, or is an attorney filing one for you? These are pretty confusing for someone not familiar with the law, so I highly suggest you hire an attorney for this.

Also, the expungment doesn't happen just because you file a petition. The expungment happens after the...
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