There are lots of factors that come into play in determining whether a traffic stop, search, and drug seizure are constitutional or unlawful.

Based on your brief recitation of these facts, they clearly had a right to engage in the traffic stop if your tag light is out. From that point... View More

Well, there are quite a variety of misdemeanor charges with which a person can be charged Anything from public intoxication up through possession of a controlled dangerous substance or assault and battery on your wife, husband, someone with eco you have been in a relationship or family member. The... View More

I’m afraid we would need a tiny bit more information to give you an answer with any confidence. However, it sounds like you are not in an alternative court program like Drug Court. Sounds to me like you’re simply on a typical supervised probation. As a general rule when you’re on District... View More

Emergency protective orders are usually not a two-way street unless specified by the court. In other words, you are prohibited from contact with her, but she is not likewise prohibited from contact with you. It is frustrating and confusing for certain.

My advice would be to record and... View More

The strongest evidence in a court of law is when a defendant accused of a crime opens their mouth and gives a confession. Most seasoned criminal defense attorneys will tell you never to talk to law-enforcement when you know you’re under investigation for having committed a crime.

Having... View More

It’s not necessarily a scheduled formula of punishment. When you violate the rules and conditions of your probation, the state, through the district attorneys office, and the judge have the power to punish you in a variety of different ways including a minimal slap on the wrist to incarceration... View More

Unfortunately, you have not provided enough information. It’s not clear whether you’re talking about testimony presented at the jury trial stage or a preliminary hearing or some other motion or evidentiary hearing.

As a general rule, any competent criminal defense attorney, at a... View More

Great question! And a very common one. Well, when these things occur you simply hope and pray they have body or dash camera footage of the interaction. If that is not available, then it’s simply a swearing match and each person’s credibility comes into question.

It’s actually the... View More

That’s a very good question! It’s also a very common question which I get asked all the time.

When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a... View More

Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.

If you have independent proof of such a statement (in other words, the... View More

Well, that is a bit of a simplification in terms of what a judge, or the state of Oklahoma, might be willing to do. When they arrest someone and place them in custody as they await criminal prosecution for a charge, absent some very special circumstances, they will usually remain in jail until they... View More

That’s a very Interesting question. There are a variety of reasons that factor into whether or not someone charged with a crime owes any restitution at all in the first place. Then there are questions surrounding the manner in which their restitution is to be measured. There are instances where... View More

Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More

Well, a failure to appear on pretty much any criminal case across-the-board will be treated pretty much the same. With a few exceptions, the court (the judge) will Issue a warrant for your failure to appear (FTA). You will then be subjected to being arrested.

If you have a legitimate... View More

Oklahoma statutory law indicates that a domestic assault and battery on a pregnant woman where the defendant had reason to know she was pregnant is a felony offense carrying up to 5 years in the department of corrections. If the woman suffers a miscarriage as a result of the assault and battery it... View More

Hi, the determination of whether or not you can enter a plea of “no contest” in a criminal case that involves a disposition by a plea bargain a lot of times depends on the courthouse in which you are charged, the judge you have, and the district attorney or prosecutor handling the file.... View More

Well, if you took a blood test, that should settle the issue as to exactly what was in your system. Unfortunately, in many counties the fact that you have some overtime or controlled drug present in your system is usually enough for them to pursue this criminal charge against you. They will rarely... View More

I guess it depends on when you asked for the report. they’re not gonna talk about or provide you with the report instantly after an incident has occurred, however, they should be able to give you some type of report or case number which will be different from the case number assigned to the... View More

It’s always dangerous when you have prior felony convictions and you get arrested for a new felony offense. This is particularly true when you have more than one prior and they link up with each other and can be used under the second and subsequent offense statute to increase punishment on new... View More

As a general rule, when a controlled drug is found in the possession of an individual, the primary factor (outside of whether they knowingly were in “possession”) is the quantity or weight. Trafficking in methamphetamine, for example, is 20 g, and it doesn’t matter whether someone possessed... View More