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Questions Answered by David A. Cincotta
1 Answer | Asked in Criminal Law for Oklahoma on
Q: How long can I hold my son in Oklahoma after he signed extradition papers for Kansas
David A. Cincotta
David A. Cincotta answered on Feb 25, 2021

If he signed a waiver of extradition, Kansas should have ten (10) days to come get him. They can request an extension, but generally those are only permitted in extreme circumstances. If he has not signed a waiver or waived in front of a judge, then it may be longer.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: What does it mean when it says matter striken pending service to be reset by either party?

He filed for paternity and custody after I filed a protective order. He is not on the birth certificate. I moved and did not know he filed. He now has criminal charges pending for domestic violence. Is the paternity case dropped? Or will I be served for that when I receive the subpoena to testify... Read more »

David A. Cincotta
David A. Cincotta answered on Feb 1, 2021

stricken generally means that any hearing that was scheduled to occur has been cancelled for now. It appears that he was required to serve you with notice of the hearing and failed to do so; therefore, the court would not conduct the hearing. The hearing could be reset, but he will have to take... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I just found out the charge I was given that was a felony got repealed am I able to get it off my record
David A. Cincotta
David A. Cincotta answered on Feb 1, 2021

The answer to the question you ask varies depending on what is meant by the "charge I was given" and "repealed." If you were previously convicted and sentenced (or previously plead guilty to an offense and your sentencing was deferred) for a felony, you may qualify to get that... Read more »

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Oklahoma on
Q: My dad died dec -8-2019 n i got a latter say my aunt is being special administration and wants me to sign a waiver my

It say i have execited a waiver of objection to appointment of special administrator and waiver will be filed contemporaneously herein what dose this mean

David A. Cincotta
David A. Cincotta answered on Jan 24, 2021

It appears that a probate case has been (or is about to be) filed to allow your father's estate to be handled through probate, and your aunt is requesting that the Court appoint her as Special Administrator (giving her certain powers under the law to act on behalf of the estate). It sounds... Read more »

2 Answers | Asked in Criminal Law and Business Formation for Oklahoma on
Q: Bail set at 2500 for second degree burglary is there a fine to pay or is it automatic jail time
David A. Cincotta
David A. Cincotta answered on Jan 13, 2021

While both a fine and jail/prison time are punishments for the crime, there are other options that may also be available: such as the court deferring your sentencing for a period of years (does not result in a conviction, the case gets dismissed, and the court records expunged if you successfully... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Is 85percent crime 21 O.S. 843.5(c) At the time of sentencing or on my plea of guilty summary of facts it said no

If it's not an 85% crime or if it is but at the time of sentencing they said it was not do I have action to get this sentence off of me

David A. Cincotta
David A. Cincotta answered on Jan 12, 2021

Yes. Section 843.5(c) is a crime against a child under Section 843.5, so it is an 85% crime. I can also tell you that I am very familiar with the Department of Corrections receiving sentencing paperwork indicating a crime is not 85% when in fact it is, and the court ordering a sentence to not be... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: would saying a person would do everything in his power to keep a Sen from being elected be a crime, no criminal intent

I was upset that my Senator would not stand with our President and called him to tell him i would do anything in my power to keep him from being re-elected. I left my name I would not do anything to break the law! I have never broken the law in my life. Honorably discharged veteran, but i could see... Read more »

David A. Cincotta
David A. Cincotta answered on Jan 6, 2021

Are you asking this just based on concerns you have after thinking about what you said or have you been contacted by law enforcement or threatened with prosecution as a result of your call? Generally speaking, everyone has a right to call their elected officials and speak about issues that are... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Disposition set for njt. What does that mean? Does that mean he has reached a plea bargain?
David A. Cincotta
David A. Cincotta answered on Jan 5, 2021

NJT is likely short for non-jury trial. Assuming that is correct, what it means is that the case set for a trial before a judge only, where the judge will not only decide the law but also rule on the facts, weigh credibility of witnesses, etc. From what you provided, there is no indication that a... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I post a cash bond will I get the money back after my court is decided
David A. Cincotta
David A. Cincotta answered on Jan 3, 2021

I just want to add to Mr. Boeheim's response. A cash bond is generally meant to refer to a defendant, family, or friends depositing cash with the court clerk to secure the defendant's appearance during the case. However, there are bondsman that are "cash bondsman" who post cash... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Oklahoma on
Q: My husband has a 1st offense dv a&b w / strangulation, what happens if I want the charges dropped?

I didn't want him arrested, there was no asphyxia as I could still breathe. There is no bruising. I don't want to press charges. I want him released, but I don't know what to do to make that happen.

David A. Cincotta
David A. Cincotta answered on Dec 30, 2020

First, your husband needs an attorney. The charge is a serious one. Once the case has been submitted to the DA by the police, the decision on whether to proceed and how to do so rests with the prosecutor. You may no longer wish for the prosecutor to proceed (whether through a declination of charges... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Where a legal issue has arisen but the law was silent ? The superceded statute Is Title 37A sec 2-139. See c (2) chang

I have a lawfully purchased beer license. Oklahoma voted in new beer laws. The law was silent on the licenses that were purchased prior to the change in law but continued to be lawful. As a result my licenses were seized and now the law says my license was transferred to a new license which... Read more »

David A. Cincotta
David A. Cincotta answered on Dec 24, 2020

If it is alleged you violated the law by not having the appropriate license, you will benefit greatly by contacting an attorney who can evaluate your situation against the law before and after the 2018 amendments.

The 2018 laws made it clear that upon the effective date of said law all...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Is there a way for a felon on probation to get a liquor license? Turn a guilty plea to non-guilty years after sentencin?
David A. Cincotta
David A. Cincotta answered on Dec 24, 2020

You ask a few questions here that I am going to try to answer.

An individual currently on probation for a felony is not likely going to qualify for any alcohol/liquor license in the State of Oklahoma. The laws with regard to eligibility for alcohol licenses make individuals convicted of a...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does it mean when it says "OTC PROCESSING: IGNORE THIS CASE" at the end of a misdemeanor case?
David A. Cincotta
David A. Cincotta answered on Dec 17, 2020

OTC means the Oklahoma Tax Commission. Frequently court clerks will send notice to the OTC to intercept state income tax refunds for defendants with past due court costs. I suspect, but cannot be certain, the message you are asking about has something to do with that.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If arrested on an alleged drug charge, is it legal for officers to confiscate your phone demand passcode and not return

No warrant for the contents of said mobile device was presented at time of confiscation or any time after.

David A. Cincotta
David A. Cincotta answered on Dec 15, 2020

The question you pose is one that requires an analysis under the Fourth Amendment with the detailed facts of your encounter with the police. Unfortunately, the detailed factual account that is needed should not be communicated over this forum. Because you were arrested on an alleged drug charge, I... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Need a lawyer for canadian county on probation and got pulled over in a friends car not knowing there were drugs in car
David A. Cincotta
David A. Cincotta answered on Dec 2, 2020

If your post is asking whether you need an attorney, yes...you definitely need an attorney. If your post is seeking responses from attorneys who practice criminal law in Canadian County, you may or may not have much luck making a post and seeking responses on here. I do practice in Canadian County,... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens if a customer purchases a product and gives you a check and then puts a stop payment on the check.

The customer then gives a credit card and it has insufficent funds this has gone on for weeks, now the customer is giving excuses one after the other please contact me and see if you can help, the truck driver and out of state can I file federal charges against them.

David A. Cincotta
David A. Cincotta answered on Nov 16, 2020

No, you cannot file federal charges against him. The US Attorney decides what criminal charges to pursue in federal court and the District Attorney or Oklahoma Attorney General decides what criminal charges to pursue in state court. You can report the matter to the police. The police may... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My child was sexually abused, and the perp has been sentenced. Now I want copies of the evidence, court records, but how

She was 11 at the time reported, and the ADA told me I could view/copy the case file when the offended was sentenced. It’s over now and I emailed the ADA about wanting copies of the case (never heard back) including the forensic interview of my daughter. I feel like I as her mom have rights to... Read more »

David A. Cincotta
David A. Cincotta answered on Nov 7, 2020

As the parent of the victim, I would suggest you start by talking to the District Attorney, the supervisor of the ADA, or even the victim witness coordinator at the DA's office. Some of the types of documents you identify are difficult for the public to gain access to - especially if the case... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: Can the feds take custody and move an individual from county jail if they have not been sentenced?

My uncle was picked up on a trafficking charge and made a plea agreement with the prosecutor but no papers have been signed and he has not been sentenced but the feds picked him up from county jail and moved him.

David A. Cincotta
David A. Cincotta answered on Nov 6, 2020

Yes. If the federal government intends to prosecute him, they can move him to where the US Marshal Service houses federal detainees. Then, the State generally needs to wait until the feds are finished before getting him back to finish his state case, but that is not always the case.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My son is in prison on a drug charge and domestic assault and battery by strangulation on me. This is second time.

I know as of November 1st domestic abuse by strangulation will be considered a violent charge in oklahoma. He is a repeat offender of assault on me. Will he now have to serve his 85% of time since he is in prison now and will still be when the law comes in affect?

David A. Cincotta
David A. Cincotta answered on Nov 5, 2020

Two things. Not all violent crimes are crimes subject to the list of crimes in which inmates must serve 85% of their sentence before being eligible for release. In this situation, the Legislature amended the list of violent crimes to include several domestic abuse crimes; however, those same... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How can i be charged with Forgery if i never forged anything

i jus received notice i had a Warrant For Class E Felony Of forgery. but i have not forged anything

David A. Cincotta
David A. Cincotta answered on Nov 5, 2020

You can be charged if the State believes there is probable cause to believe that you committed the crime it has charged you with. It very well could be that no crime was committed or they have the wrong person; that is something that can be determined when reviewing the discovery. With that said,... Read more »

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