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Questions Answered by David A. Cincotta
2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: If someone us currently fighting a possession of marijuana with intent and child neglect charge what do they do
David A. Cincotta
David A. Cincotta answered on Aug 5, 2020

The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: When the Feds issue a warrant for a Felony arrest do they post it online in Oklahoma like most counties do?

My felony warrant was recalled. Prosecution filed a motion to recall pursuant McGirt v. Oklahoma. Since the Feds will be flooded with back cases as well as current cases, my guess is the most violent ones will take priority and not refile on all the rest. But if they somehow do decide to prosecute... Read more »

David A. Cincotta
David A. Cincotta answered on Aug 4, 2020

Generally speaking, no. A federal warrant issued pursuant to a grand jury indictment, information, or complaint is usually filed under seal until the arrest has been made. The federal government uses the PACER system for court records, which is available to the public, but you must have an account... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: I have a few felonies I discharged from years ago in Tulsa. Being Creek Indian can I get those thrown out now?

The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... Read more »

David A. Cincotta
David A. Cincotta answered on Aug 4, 2020

Yes, that might be possible; however, it is only certain felony crimes that the federal government has exclusive jurisdiction (thus depriving the State of Oklahoma of jurisdiction). For all other felonies committed on Indian Country committed by or against Native Americans, the State of Oklahoma... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Already a convicted felon, now charged with level 6 criminal recklessness and 2 level 5 felony imtidation charges

What am I facing?

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

You indicate you are charged with "level 6" criminal recklessness and two "level 5" felony intimidation charges. Where are your charges? I am not aware of any Oklahoma state statutes that use the levels such as the ones you reference in your question.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have no money can someone please help me I have good case
David A. Cincotta
David A. Cincotta answered on Jul 30, 2020

Generally, this forum is used by people who have specific legal questions. The attorneys on here try to answer the questions as best we can with the limited information we receive. Your post just is just seeking help without any specifics (aside from letting us know you do not have any money).... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If a person has a f.t.a warrant in Oklahoma can they make a plea and pay fines without going to court,due to a death?

I need help with my warrant, I never been in trouble in Oklahoma only traffic tickets now this felony warrant haskell county Oklahoma I couldn't make court date my father passed away I called and changed court date but my mind wasn't focused my dad just passed june 14th 2020 my new court... Read more »

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

My suggestion is if you have the death certificate and announcement/obituary from either the funeral home's website or from the paper. That along with the fact that you have been calling, and not trying to run or blowing the thing off, I suspect the court will work with you if you act fast.... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do i stop an investigation on me?

people i know have told me they've been asked by police about me selling drugs. I believe i may be under investigation for it. I haven't sold drugs but I did have a severe addiction to heroin & allowed various people to enter my life, stay and get high with me for a long time.... Read more »

David A. Cincotta
David A. Cincotta answered on Jul 29, 2020

You cannot necessarily force law enforcement to stop an investigation; however, there are certain strategies that can be employed to best protect you and may cause any investigation into you to dissipate quickly. Also, be mindful that federal law prohibits all law enforcement and prosecutors from... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Warrant issued for failure to pay court fee’s. In jail 5 days.saying needs to see a judge. How long can they hold Him

How long can county hold him without being able to see a judge.

David A. Cincotta
David A. Cincotta answered on Jul 27, 2020

It depends. Is he in the county from which the warrant was issued? If so, he should be seen quickly. If he is being held by one county for warrants from another county, it can take a little longer. If you want to discuss the specifics, please feel free to contact me tomorrow.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I live in Oklahoma, can i file a motion to dismiss for lack of jurisdiction in a criminal case? If so how is it done?

A plead of not guilty at arraignment. Second court case is today. I'm representing myself.

David A. Cincotta
David A. Cincotta answered on Jul 27, 2020

I'm not sure I quite understand your question. As a defendant in a criminal case, you have the right to represent yourself and to file motions on your own behalf. That does not mean that doing so is a good strategy or a wise choice.

I would strongly urge you to hire an attorney. You...
Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My felony warrant was recalled. It states because of mcgirt case & title 12 section 39. What do those mean exactly?

Charged with a felony 1st degree burglary and domestic assault. Police made falsehoods and omitted witnesses to which I could prove and wrote the DA proving such. Is it possible the officer is liable so they used these reasons to recall warrant instead of admitting officers fault?

David A. Cincotta
David A. Cincotta answered on Jul 27, 2020

The McGirt case is a U.S. Supreme Court case decided earlier month. There is a lot to the decision - but to summarize it to its most basic form...the Supreme Court determined that certain land (the Muskogee-Creek Nation) that was historically Indian Country but not considered as such by the State... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Why is Kansas not extraditing

We were pulled over in Oklahoma and my nephew had a felony warrant in Wichita KS but they didn’t want to extradite

David A. Cincotta
David A. Cincotta answered on Jul 21, 2020

Several reasons could exist. Generally, when it is a felony warrant and the state is a border state, the state with the warrant will extradite. That said, it could be that because of COVID, a limited budget to transport inmates from other states, or a limited jail space in the county from which... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Due to the COVID-19 can felon request for Judicial review when their 60 months was up in February 2020?
David A. Cincotta
David A. Cincotta answered on Jul 17, 2020

Unfortunately no. There was an order from the Oklahoma Supreme Court extending all deadlines that occurred between the middle of March to the middle of May, as a result of COVID-19. Because you indicate that your deadline was in February, I do not believe there is anything that would extend that... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If i was the one initially that pressed charges, A&B deadly weapon, can the DA still pick it up if i dropped the charge?

Can I even drop the charges? It was a Domestic but police are really exaggerating the case big time. Im afraid he is going to get a sentence he doesn't deserve over an isolated incident. Thank You

David A. Cincotta
David A. Cincotta answered on Jul 17, 2020

Generally speaking, the DA will evaluate the case and determine if there is sufficient evidence to proceed with charges and determine what charges to file based on the facts. The DA can pursue charges even if it is against your wishes. This is especially true, and it frequently occurs, in cases... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: i was the one that pressed charges, Dom A&B deadly weapon, a jar was thrown on ground. Can DA pick it up if i drop chgs.

Isolated incident is getting way out of control. He surely does not deserve to do time over it.

David A. Cincotta
David A. Cincotta answered on Jul 17, 2020

Generally speaking, the DA will evaluate the case and determine if there is sufficient evidence to proceed with charges and determine what charges to file based on the facts. The DA can pursue charges even if it is against your wishes. This is especially true, and it frequently occurs, in cases... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Can a person be charged with knowingly CONCEALING stolen property.. If the item was not REPORTED stolen till 3mo later?

A 4wheeler I bought from someone got taken from my yard along with a gun that was stored in it.

I REPORTED it stolen a bail bonds called and said he has the 4wheeler and the person who took it.

It was impounded I paid 400 to get it out.

Then 2 mo later someone brought title... Read more »

David A. Cincotta
David A. Cincotta answered on Jul 17, 2020

The State has to prove that you knew or had reason to believe that the item you bought or received from someone else was an item that was stolen, embezzled, obtained by false pretense, or was from a robbery. However, there is what is called a rebuttable presumption in these circumstances. That... Read more »

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3 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Do u have to have a lawyer for your 2nd court date
David A. Cincotta
David A. Cincotta answered on Jul 7, 2020

You should hire an attorney as soon as possible. Most judges do not like defendants to show up without an attorney, especially twice. Each judge has his or her own tolerance. If you believe you cannot afford an attorney, you need to demonstrate to the court everything you have done to try to hire... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: A Felon was sentence to a 20 year term for manslaughter and has served 5 years. When can they ask for Judicial Review?

Does it have to be done through an attorney or by the individual person? How would I notify the Prosecuting DA?

David A. Cincotta
David A. Cincotta answered on Jul 1, 2020

Judicial review must generally be requested and ruled upon within the first 12 months of the date of sentencing without the approval of the District Attorney and within 60 months with the approval of the District Attorney. The exceptions that apply to the general rule above do not appear to apply... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do you become a witness for the state

If someone gets busted and u get on the state witness

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

If you were not arrested and not charged with a crime but believe you have evidence that will be of benefit to the State in its prosecution against someone else, you should contact the law enforcement entity that arrested or investigated the person.

If you were arrested or have been...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I own a fire arm 20 years after a felony conviction?

I was convicted of a felony Assault & Battery charge in 1995 in Ford County KS. I now live in Oklahoma. Can I legally own any kind of firearm?

David A. Cincotta
David A. Cincotta answered on Jun 29, 2020

I am going to assume by "own" you want to actually possess a firearm - whether in your home, your car, or on your person. With that, the answer is "No." You should contact an attorney in Kansas to see about obtaining a pardon in Kansas or if there are any other ways... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I was asleep in the passenger seat while a friend of mine was driving. A traffic stop ensued and the vehicle was search

drugs were eventually found in backseat. Two people were in the back seat... I had no knowledge of the contraband but have been charged with agg trafficking... what can I do?

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

You should hire a criminal defense attorney immediately. Aggravated Trafficking is a very serious crime and it carries serious prison time in Oklahoma. Additionally, anyone sentenced to prison on said crime must serve 85% of the sentence before becoming eligible for any type of release.... Read more »

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