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Questions Answered by Craig M. Hoehns
1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the statue of limitations of 2nd degree burglary in Oklahoma?
Craig M. Hoehns
Craig M. Hoehns answered on Jul 10, 2017

For Burglary II, the statute of limitations in Oklahoma requires the prosecutor to file charges within three (3) years. (See generally Oklahoma Statutes, Title 22, Section 152: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70298).

The time counting towards the three (3)...
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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If i got domestic violence charge 9 years ago and i just another one yesterday is it a felony
Craig M. Hoehns
Craig M. Hoehns answered on Sep 1, 2016

In Oklahoma, the answer depends on what happened with the prior charge as well as what the current allegations are in your new case.

If the previous case resulted in a conviction (time to serve or a suspended sentence), then the current allegation can be charged as a felony.

If a...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the time limit and rules in Oklahoma for filing a second page (after former) on a new charge ...same crime.etc

Does it need to be the same type of crime? I.e. Felony indecent exposure then 8years later manslaughter automobile?

Craig M. Hoehns
Craig M. Hoehns answered on Aug 16, 2016

Your generic question is too broad to answer without going on for several pages. When it comes to sentence enhancements (after formers), there are different rules that apply depending on what prior convictions or deferred adjudications exist for a charged individual and with what an individual is... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is post prison supervision something every offender has to do when released from prison?
Craig M. Hoehns
Craig M. Hoehns answered on Jul 22, 2016

All persons convicted and sentenced to imprisonment for state felonies in Oklahoma after November 1, 2012, are subject to nine (9) to twelve (12) months post-imprisonment supervision under the rules and conditions prescribed by the Oklahoma Department of Corrections. See:... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How does oklahoma determine what county charges are filed in. Property was stolen in one county and recovered in anothe
Craig M. Hoehns
Craig M. Hoehns answered on Jun 15, 2016

Venue (where criminal charges can be properly filed) requires a connection of the crime to the county. In your scenario, venue for criminal charges could be in either county or both. The individual could be charged in the first county with larceny (or possibly burglary or robbery depending on the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What are the statute of limitations on 3rd dui leaving scene of accident where damage was done and eludin police?
Craig M. Hoehns
Craig M. Hoehns answered on Jun 15, 2016

A statute of limitations requires the prosecutor to file charges within a certain period of time after the commission of a criminal offense. For DUI and eluding, the statute of limitations in Oklahoma requires the prosecutor to file charges within three (3) years. (See generally Oklahoma... Read more »

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