Get free answers to your legal questions from lawyers in your area.
It's for a friend.
answered on Feb 25, 2022
A “misdemeanor review” is a return court date that is set by the judge after someone who has been charged with criminal misdemeanor has been placed on probation. The review date is the return date to come back to court and provide proof that all probationary obligations have been completed.... View More
answered on Feb 23, 2022
There are numerous different scenarios where giving a false name or holding one self out to be someone other than their true identity can subject an individual to criminal prosecution. From equipping your vehicle with lights trying to imitate law-enforcement or some other state official to giving a... View More
my friend was pulled over an informed that she had a warrants for both trafficking illegal drugs and also this said charge (stat. listed above) but has not had any misdemeanor or felony charges as an adult. can this firearm charge still be used and applied if her time they are saying she was... View More
answered on Feb 8, 2022
Regrettably, yes it can be used as the predicate. If you read the statute carefully, in the first sentence, it uses the language:
“D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have... View More
answered on Jan 22, 2022
In many instances a Judge WILL entertain an application or motion for early termination of a deferred probation provided all probationary obligations have been satisfactorily completed and fines, costs, assessments and probation fees are paid in full. You simply have your attorney file the motion... View More
answered on Jan 3, 2022
If you haven’t hired a private attorney for him then the Court will likely have inquired as to his financial situation. If he qualifies as indigent, or unable to pay for a private attorney, they would have appointed a public defender. That’s who you need to contact. His attorney.
answered on Jan 3, 2022
Criminal “Possession” of something is not always as straightforward as one might think. When you are looking at Possession of a controlled dangerous substance (CDS), or drug possession, it is not always the obvious situation where you are caught with the drug in your hand or pocket. It might be... View More
I'm homeless with no job. Been trying hard to find a job.
answered on Dec 24, 2021
This is an incredibly common phenomenon in the criminal court system in Oklahoma and elsewhere. You bonded out …..somehow. It may not have come out of your pocket but it came out of someone’s pocket …your family, or a friend, or an acquaintance that was trying to help you. Now the judge is... View More
My court docket reads PTC CONT TO 12-15-21 AT 1:30 PM TO SET FOR PLEA OR TRIAL.
If it gets set for plea does that mean I have to take a plea that day? Or will the judge set another court date for plea and sentencing?
answered on Dec 8, 2021
I’n most instances once your attorney negotiates an acceptable final plea bargain you can usually waive your trial rights (in felony cases you would also waive your right to a preliminary hearing), plead guilty (or no contest) and get started on your probation or agreed to punishment. You will... View More
I was pretty much bullied into opening the car door for my abusive boyfriend (now ex boyfriend) so he could load 2 weed eaters he had just stolen from a storage unit, into the back seat of his car. I opened the back door like I was told to, and Got directly back into the vehicle. I am being charged... View More
answered on Dec 5, 2021
If you know about a crime, you go with them to the crime scene, you stay with them and you leave with them knowing what has occurred, you will almost always be charged as a codefendant. If you could show some coercion was applied to you, threats of some sort if you did not comply, and that you did... View More
answered on Dec 3, 2021
This is a type of release granted by the Court (“Own Recognizance” bond), where the defendant is allowed to be released from jail or allowed to have a warrant recalled based solely upon his/ her own promise to reappear at court for all future court dates without having to hire a bail... View More
answered on Nov 16, 2021
I don’t have enough information to answer your question. It sounds like you’ve got a new felony arrest with a bunch of misdemeanors while current being on probation for another case? Don’t know whether it’s felony or misdemeanor case that you’re on probation for. As far as how much it... View More
answered on Nov 14, 2021
We really don’t have enough information to answer your question with specificity. Assault snd battery on a minor (your previous arrest) can be charged as a Felony. While the charge you have recited, “assault and battery in the presence of a minor” (I’m assuming you mean... View More
answered on Nov 4, 2021
The quick answer is “yes,” if the bond amount posted was a meaningful amount. If it was a nominal bond like $100 or $200, and if certain other circumstances exist suggesting indigency or the financial inability to hire an attorney, then Judges will sometimes allow you to remain out on bond and... View More
answered on Oct 31, 2021
Unfortunately your question is a bit cryptic in that it provides very little details and doesn’t really ask a question, it’s more of a statement. From what I can glean you are worried about getting arrested. If they did not arrest you at Walmart, than they are unlikely to do so after the fact.... View More
Record was expunged and sealed. I'm trying to get arrest and/or court records now but the arresting agency and county clerk of the court have no records. The arrest still shows up on my national background check but without any related charges or court decisions. How can I get that info?
answered on Oct 21, 2021
That was a long time ago. I’m guessing you might have trouble locating your attorney but that’s always the first place to start. There are different types of expungements under Oklahoma statutory law. Sounds like maybe you only took the expungement granted by the Court (Judge) but might not... View More
Currently incarcerated in Oklahoma and have an outstanding warrant also in Oklahoma. Is it possible to plead guilty and take a plea deal whilst I'm still in prison? There is an additional warrant in Kansas where prison time will be served once this sentence is over
answered on Sep 29, 2021
It’s actually quite common. Many times people are sentenced to prison before they resolve or dispose of other pending felony or misdemeanor charges. Rather than waiting until they discharge or complete the sentence, often times they hire attorneys to file a writ of habeas corpus to bring them... View More
answered on Sep 25, 2021
We’ll, until the car was entered it’s more likely “attempted” burglary 2nd or 3rd and another count of “possession of burglary implements/ tools”
Has been in trouble before but not for this offense
answered on Aug 30, 2021
That charge, generally categorized as a lower level felony theft crime, is usually between $1000 and $5000. Of course it depends on the Judge and any previous contacts and history with law-enforcement.
answered on Aug 13, 2021
There is not one answer as it differs from County to County, and Judge to Judge. There are instances where all judges will allow medical marijuana use during probation except for one.
I stood there in one spot at least six or eight feet away, just begging and pleading with them to go a little easier on my wife, there was four cops on her, they had her face down in the dirt, they were hurting her, I was afraid for her,as her husband I was just trying to protect her. Will I be... View More
answered on Aug 9, 2021
Difficult to say without learning more about the facts and your background. I think in most cases like you’ve described jail time is not warranted. If you have a clean record most attorneys would have a chance to negotiate a disposition where you might even get a dismissal of the charges after a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.