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Questions Answered by David A. Cincotta
1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Oklahoma on
Q: If person buying a car gives you a small amount to hold the car, then doesn't pay the full price did u legally sell it

okay guy wanted to buy an old pickup we had, we agreed to a purchase and he gave me $100 to hold it while he got the money. Instead he came back and just took the truck. I still have the title he did no paperwork. The police said that he didn't steal the car I sold it to him for $100. That... Read more »

David A. Cincotta
David A. Cincotta answered on Dec 23, 2021

It appears you have a few issues that must be addressed. One is whether a crime was committed - which if so the police could enter the vehicle as stolen in the national database. Another is whether you had a valid contract with the purchaser. Third, is whether an actual sale of the vehicle... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a 2,500$ cash only warrant out of Platte county mo. For a class d possession. Also 1 more warrant

Can i take care of this stuff and not go to jail again

David A. Cincotta
David A. Cincotta answered on Dec 15, 2021

You really should contact a criminal defense attorney in Missouri (I would try to find one in or around Platte County) with whom you can discuss this matter. Not sure if you are trying to determine whether you can post bond without going to jail or resolve your case in a way that keeps you from... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a felony conviction from 1979, and I have a pardon, can I be expunged?

Case # CRF-79-1268 , OK DOC#: 102168

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

Yes. You qualify for a full, arrest-records expungement based on the fact that you received a pardon. You will want to contact an attorney who handles expungements, discuss with the attorney your qualifications, and I imagine (based on recent expungement cases I have handled recently) you could... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: What is the best way to find police jurisdiction in oklahoma?

I was pulled over outside city limits by a city cop. I'd like to validate he was in his jurisdiction. I'm having no luck with google searches. Any advice is wonderful! Thank you so much.

David A. Cincotta
David A. Cincotta answered on Nov 29, 2021

Using Google Maps and searching for the city will generally highlight the city in a different shade/color. Often, the municipality's website will have a downloadable map of the city, which should show you the outer boundaries of the city.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have already pled out and the case has been closed is the bondsman able to file bail jumping for non pymt

I went to jail in 2018 then bonded out and my case closed shortly after, is the bondsman able to file bail jumping for non payment

David A. Cincotta
David A. Cincotta answered on Nov 29, 2021

No. Bail jumping is a charge for those who are alleged to have absconded and missed a court appearance. It doesn’t appear that occurred based on your description.

If you still owe money to the bondsman and you previously agreed to pay him or her, the bondsman is able to file a civil...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: what action do I take if my P.O. Motions to revoke for non compliance with probation conditions
David A. Cincotta
David A. Cincotta answered on Nov 9, 2021

First, a violation report by your PO does not automatically mean that the DA will file an application/motion to revoke your sentence. I suggest you take two actions. First, find your case on OSCN and monitor it to see if an application/motion to revoke is filed. If it is filed, a warrant will... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Oklahoma on
Q: How can I get 7/11 or the suspect(s) to be held liable for damages to my vehicle and PTSD?

My car was caught in the crossfire of a shooting that occurred at a 7/11 a month ago. My car suffered damage, and I was indeed in my vehicle the time of the shooting. Luckily, I did not have any physical injuries. I am needing direction on how and who to hold responsible for my damages.

David A. Cincotta
David A. Cincotta answered on Nov 8, 2021

For restitution for the damages to your vehicle, contact the DA's office prosecuting the individuals who were shooting. If you don't know if charges have been filed, you can contact the police department to inquire. The DA's office will generally have you fill out and submit a... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What are the penalties for groping your wife against her will in Oklahoma
David A. Cincotta
David A. Cincotta answered on Nov 2, 2021

It would depend on what is charges filed by the prosecutor.

If charged as Sexual Battery, it carries - for someone without any previous felony convictions - no more than 10 years in the custody of the Department of Corrections. With prior felony convictions, the crime carries substantially...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My husband was just sentenced to 85% crime. His lawyer says it is considered non violent. Are all 85% crimes violent?

He is being told in jail that all 85% crimes are violent. We don't know if his lawyer told him correctly. We are in Oklahoma.

David A. Cincotta
David A. Cincotta answered on Aug 4, 2021

Yes, at least what is considered a violent crime under Oklahoma law. A few years ago, the State Legislature amended the violent crime list to ensure they included all of the 85% crimes as violent crimes. Now, the opposite is not true - there are violent crimes that are not 85% crimes.

For...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have court tomorrow and have not been able to find an attorney for a criminal case. how do I get a continuance?
David A. Cincotta
David A. Cincotta answered on Aug 4, 2021

If this is your first court setting, you may be able to get a continuance. If you have an attorney you want to hire but just don't yet have the funds yet to hire the attorney, you should inform the court of that and be prepared to have the attorney at your next court date. It also helps if you... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I've wrnt in cleav. co. Ok for not chekn back to PO , payed 1nce on fines and did no comm. Serv. Happend 3yrs ago

I only reported in to p.o 1 time and payed on fine 1 time but have done zero community service. (Though I do volunteer at meals on wheels but feel it would be in poor taste to claim comm. service for my volunteer work) the law about meth possession has changed since my plea so if I turned myself in... Read more »

David A. Cincotta
David A. Cincotta answered on Jul 30, 2021

There is nothing wrong with counting the hours spent volunteering with meals-on-wheels as community service, as that is what community service is (volunteering your time for the betterment of the community). You will need proof of the hours you worked and I'm not certain whether... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does forfeiture after 91st day mean
David A. Cincotta
David A. Cincotta answered on Jul 9, 2021

If this is in reference to a bond/bail forfeiture, then it likely has to do with the process set forth in law regarding when a bondsman must pay the bond forfeiture. This area of the law is very technical. Without getting into too many details on the bond forfeiture procedures, you just need to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a persons parole is revoked and his street time is not granted does he go back and do 100 percent of the original p

Parole he started out with

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

Short answer is yes. When he paroled, he had so many days remaining on his sentence. If granted street time, he would receive the time he was out on parole (up until the warrant being issued for the violation) subtracted from his days remaining. He could also be awarded credit for time served - the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the statute of limitations in Oklahoma on assault and battery with a dangerous weapon?
David A. Cincotta
David A. Cincotta answered on Jul 1, 2021

For the specific crime you reference, the statute of limitations is 3 years.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What motion is it where you ask about you time being out on bond getting counted towards your incarnation time?

Where pre-sentance confinement & time on bail gets counted toward time served.

David A. Cincotta
David A. Cincotta answered on Jun 9, 2021

It's not really a motion. If it is part of a plea agreement, then it would need to just be written into the plea paperwork. If it is blind plea sentencing (where there is no agreement) or sentencing after a bench/jury trial, the defendant (through the defendant's attorney) can request... Read more »

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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