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Questions Answered by David A. Cincotta
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...
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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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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...
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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.

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