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Questions Answered by David A. Cincotta
1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can county issue a warrant for failure to appear if they've been notified that the person is in jail in another county

My friend bonded out of one county but had a hold on another county. His court date is in two weeks and he was told that if he was still in jail in the other county that they would issue another warrant for failure to appear. And that even though he has met his bond that they might keep him until... Read more »

David A. Cincotta
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answered on Jan 20, 2023

Typically, the courts will issue a warrant if a defendant does not appear as previously ordered - even if the defendant is in custody somewhere else. The court typically won't order the bond forfeited if it is clear the person is in custody elsewhere, but that helps the bondsman and not the... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: What are the steps that need to be taken when someone has used my name for 5 court cases? 2 of them have warrants

The two with arrest warrents were issued from animal welfare.

David A. Cincotta
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answered on Jan 2, 2023

You should contact an attorney. However, I also am providing a link to a OSBI's website, which contains some helpful information. If the person who has used your name has been fingerprinted, OSBI can verify that your fingerprints are not the same as the individual who used your name. Upon... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend received a simple driving under suspension ticket, and paraphernalia charge. How much time will they get?

Second driving under suspension arrest. And no drugs were found with paraphernalia.

David A. Cincotta
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answered on Dec 28, 2022

Every case is different, but it is possible your friend won't have to serve any time. Each crime you describe is a misdemeanor and each has the potential of a sentence no longer than a year in the county jail. Your friend should contact a criminal defense attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the statue of limitation on knowing conceal stolen property

In the state of Oklahoma

David A. Cincotta
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answered on Dec 28, 2022

The limitations period that the State has to file the crime you ask about is three (3) years. Keep in mind that limitations on the period of time the State has to file a charge is different than speedy trial issues - the period of time the State has to bring the case to trial. If you have been... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello what is the Federal guidelines in order to qualify for a court appointed lawyer in Oklahoma?

What is the federal poverty level for an individual? Basically how is this figured?

David A. Cincotta
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answered on Dec 2, 2022

Typically, someone who is out-of-custody will be required to complete an application for a court-appointed attorney (the application form is likely available through the court clerk, the court, or the public defender's office in Oklahoma County). The courts will require that you fully complete... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Oklahoma on
Q: I wasCharged in '16 w/ felony of knowingly concealing stolen property amount of 500.00$ but it was just changed to1,000

Can I possibly be retried or have a modification to my sentence

David A. Cincotta
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answered on Dec 1, 2022

You are likely eligible for an expungement of all records of the offense (because of a change in law to make those convicted of a felony that has been reclassified as a misdemeanor eligible much sooner than others convicted of a felony). Unfortunately, you will still have to obtain a pardon first... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a felon hunt with a replica muzzleloader in Oklahoma since by definition it’s not a firearm?

I would like to know if I can hunt with a muzzleloader in Oklahoma, I’m a convicted felon but I’ve never been to prison. I’m not on probation and all my fines are paid off. I asked the chief of the law enforcement department of the Oklahoma wildlife conservation and he said I could not hunt... Read more »

David A. Cincotta
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answered on Nov 22, 2022

Convicted felons are prohibited under State law to possess "any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm."

A firearm is defined by Oklahoma law as any weapon from which a shot or...
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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Us it true that if you get your first felony in Oklahoma between the ages of 18-25 you cannot receive a suspended senten
David A. Cincotta
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answered on Nov 22, 2022

I agree with Mr. Tiernan. In addition to his comments, I wanted to point out that there is a law that specifically applies to individuals charged with certain felonies who are between the ages of 18 and 25. It is the Delayed Sentencing Program for Young Adults. The law on this requires the court to... Read more »

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1 Answer | Asked in Native American Law and Criminal Law for Oklahoma on
Q: I have native American blood but no Indian card is there a dna test I can take to show in court to have a state charge

Dismissed due to mcgirt ruling in Oklahoma? I've been trying to get indian card but it's a process my great great grandmother is full blood Cherokee but she passed away years ago so it's hard to get death certificate. How can I get her death certificate?

David A. Cincotta
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answered on Nov 11, 2022

If you have an attorney, your attorney can assist you in this. If you don't have one, you need one. Death Certificates are somewhat difficult to obtain unless you fall within the list of individuals to whom it can be released. The State Department of Health - Office of Vital Statistics is the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: neihbor went to jail gave me permission to enter house to save dogs that where in kennel went in window filed b&e

jail didnt want to give key i went in window she said to save dogs gave me permission through a message with bondsman to save the dogs i used her icemaker and car jack while she im jail gave it back after i picked her up from jail she lost some weed and called police..i got a b&e possesion of... Read more »

David A. Cincotta
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answered on Nov 11, 2022

I would recommend you not state in a public forum the facts about your case/charges. You need an attorney, and you should look for a criminal defense attorney in the area where your charges are filed. You may have a defense to some or all of your charges, but you need to discuss the facts with your... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was recently facing a poss. Of CDS with intent in McClain county but had it dismissed on technicality of the Mcgirt

Law so now Chickasaw tribal courts has picked up the case after it was dismissed is this double jeopardy no person shall be tried twice for the same crime

David A. Cincotta
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answered on Nov 11, 2022

No. First, your case in McClain County was not tried (at least by the way you describe it). Rather, it was dismissed prior to trial. In that situation, jeopardy in the first case never attached, so double jeopardy is not an issue. Second, double jeopardy only prevents you from being tried twice by... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the driver openly states there is specific paraphernalia for the use of narcotics, is it PC to search the vehicle?

If the driver, who was stopped with PC to state statutes, admitts to using a specific narcotic in specific paraphernalia and states where the paraphernalia is located, is it enough PC to conduct a warrantless search of the vehicle?

David A. Cincotta
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answered on Nov 11, 2022

It's difficult to say without more facts. However, if an individual admits to a police officer that evidence of a crime is located within his/her vehicle, the courts are likely to say that an officer then had probable cause to search his/her car for additional evidence.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does a transfer order mean

They messed up on my j.s and the original court order is correct

David A. Cincotta
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answered on Nov 11, 2022

A transfer order typically just refers to the court transferring the case from one judge to another judge. Generally speaking, a transfer order does not have anything to do with a J&S.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend just went to jail for assault by strangulation in the presence of a child. Will he go to prison first offence?
David A. Cincotta
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answered on Nov 11, 2022

That is difficult to say. The charge you describe is a serious felony, so, if the DA charges him with that, prison would be a potential sentence. That is not to say that he will go to prison, but it is a serious charge that will require he have a criminal defense attorney representing him. I... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: If a judge set a criminal charged to be handles at the same time as civil but forgets do I have to agree to go to court

Went to court for animal at larges case filed against me by my neighbor in retaliation for me filing one on her. Before I went to my hearing I struck the plaintiffs trash can with my car moving it about of the way as to park. I got a destruction of property ticket. When I went to court to plea on... Read more »

David A. Cincotta
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answered on Nov 11, 2022

Yes. This is not a technicality that you are likely to have much success in arguing. The judge missed it, and no one called or nothing else been done, you might have avoided the mess with dealing with (at least until it was caught). However, it appears they caught the mistake fairly quickly, and if... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Oklahoma on
Q: Is there a website, book, or other source accessible to the public where I can read all of the Oklahoma Laws?

I ask in order to know laws that do/ do not apply to me.

David A. Cincotta
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answered on Oct 25, 2022

There are a few. The Oklahoma Judicial Branch has a website that has all of the Oklahoma Statutes, Constitution, Session Laws, and more. Go to www.oscn.net and click the link for "Legal Research" and then click on "statutes" or "Oklahoma Statutes Citationized" From... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My neighbors acroos the street shot off their weapon (gun) 7 rounds a few minutes later (3) fired off another 7 rounds.

approximately 10:45 p.m. The next day i noticed a hole in my svreen and window leading to my livingroom. The ricocheded bullet only went through the screen and first glass. I notified the police. The officer took a report and picture of the window, then left. Looking into the replacement of the... Read more »

David A. Cincotta
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answered on Oct 24, 2022

You should contact the detectives to see if they have any updates or suggestions. They generally want to help and want to get to the bottom of the matter, but they may have additional cases to investigate in front of yours. If you hear gun shots, call 911 and report it immediately. There may be... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do you have to be ordered by a judge to register as a violent offender? Or can Doc make you?

My probation officer is trying to make me register as a violent offender. I wasn't ordered to. Nor been convicted of such crime

David A. Cincotta
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answered on Oct 24, 2022

Contact the attorney who represented you at the time of your plea. If that attorney is not available, contact a criminal defense attorney. Generally, the Court does not have to order it for the individual to be required to register. There may be arguments that exist for not having to, but I would... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I get a misdemeanor dropped if it came as a result of me getting falsely accused of something else?

I was accused by a driver of throwing a rock and breaking his windshield. I have surveillance video showing me walking away from his car without throwing anything as well as footage of his car with a cracked windshield before he got to me. He called the cops and within a minute they had me detained... Read more »

David A. Cincotta
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answered on Oct 24, 2022

It's difficult to say for sure. If law enforcement was acting reasonably based on the information they had at the time, it is unlikely the fake id would be suppressed. With that said, the prosecutor may become more lenient regarding the fake id upon proof that the misdemeanor involving the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Walmart Pressed charges against me and did not tell me, they went and told other people, is that legal?
David A. Cincotta
David A. Cincotta PRO label
answered on Oct 24, 2022

It is unclear exactly what occurred here or what charges have been brought against you. With that said, Walmart must have made a complaint to a law enforcement agency regarding something they have alleged that you did. Walmart is not able to prosecute criminal cases or to decide whether to... Read more »

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