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Questions Answered by David A. Cincotta
2 Answers | Asked in Criminal Law for Oklahoma on
Q: I’m being charged with possession of a stolen car that I didn’t know was stolen when I purchased it.

It was purchased in Kansas but I was arrested in Oklahoma. An investigation was on in Wichita but charges were dropped against me because the one who reported it stolen said she knows who I bought it from and he has a history of being a thief. I was never able to get the title from him because he... Read more »

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

You need to hire a criminal defense attorney immediately! It may be that the facts as you stated will demonstrate you are not guilty of knowingly being in possession of a stolen vehicle, but you need an attorney to represent you and ensure your rights are protected in that process.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: my sister was out on a cash bond and the morning of court they issued a bench warrant on a motion to revoke and arrested

Her and she didn't get to go infront of the judge even tho she was there and filed failure to appear and forfetied my bond and set a bond at 75000$

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

You and/or your sister need a criminal defense attorney immediately. If court was missed due to being arrested on a warrant from another case, the court will often let the defendant back out on the original bond once bail is made in the other case. Sometimes the judge does not know the facts and... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does Criminal miscellaneous mean and what does a mi case also mean
David A. Cincotta
David A. Cincotta answered on May 22, 2020

It is just a case filing code used by the Court Clerk to file something where there may not be a criminal case filed (either a Criminal Misdemeanor CM or Criminal Felony CF). If there is something filed by an individual that is of a criminal nature (e.g. a bond reduction motion for someone being... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Temporary commitment w/sheriff's return?

I was released from jail 2 weeks ago on probation and I looked at my record online and a week ago they posted temporary commitment with sheriff's return. Does that mean I'm going back to jail? I don't think I violated anything. This is my first time ever being in trouble so I'm... Read more »

David A. Cincotta
David A. Cincotta answered on May 20, 2020

A temporary commitment is a document used by the courts to communicate information about a defendant/inmate in the custody of the Sheriff's Department (at the county jail). It is used by the court when it adjusts a bond amount for someone in custody, when the judge orders someone into... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can u get a apprentice for plumbing with a felony
David A. Cincotta
David A. Cincotta answered on May 7, 2020

Doing a quick cursory search of the statutes providing for the licensure of plumbing apprentices, journeymen, and contractors in Oklahoma, there does not appear to be a provision prohibiting convicted felons from holding such licenses. Further, the regulations of the Construction Industries Board... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: What's this mean? AMENDED ORDER SETTING CONTESTED CRIMINAL HEARINGS.

It was entered on odcr.com regarding my girlfriends felony Dui-d case. Also ORAS was on there.

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

It appears that an amended order was filed, likely setting or resetting certain hearings (possibly due to COVID-19 and the Oklahoma Supreme Court's administrative orders pertaining to cases currently scheduled through May 15). ORAS often is used in criminal cases to refer to the Ohio Risk... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Myself as well as my ex have been charged with larceny of cable in Oklahoma. Neither of us lived at the property!

My ex step son lived there at the time & obviously hooked the cable up illegally. The property is owned by my ex mother in law. How can they charge me with it?

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

Unfortunately, the State can charge you with a crime while only having probable cause that a crime was committed and that you committed it. The State filed an Information to charge you, and often you will find a probable cause affidavit filed in support. Both documents should provide you with what... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can’t police change the dates of a witness statement

An informant said that I had some guns in 2018 the police wrote it down as 2020 In his information to the judge to get the affidavit for a warrant the windows also gave me a wrong address for the year 2018 the paperwork never stays 2020 but that’s with the officer wrote down in his work to the... Read more »

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

It sounds like you have some factual details to dispute in defense of a criminal charge or possibly in a civil rights lawsuit. However, with the limited information and without the ability to review the documents, it would be extremely difficult for an attorney on an online forum to provide you... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Does an inmate need a lawyer to get a one year case review in front of a judge?

My boyfriend was given a 13 year sentence over a year ago. Since being incarcerated the laws have changed and 2 of his charges are now misdemeanors and the other 2 carry a max sentence of 10 years. What does he need to do to get a one year case review in front of a judge? Is there anyway to get his... Read more »

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

If he is going to seek a judicial sentence modification, I strongly recommend he do so with the assistance of an attorney. While he does not have to have an attorney to file the motion, having an attorney will increase the chances of the motion being taken seriously and increase the odds that the... Read more »

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3 Answers | Asked in Criminal Law for Oklahoma on
Q: Can two lawyers be hired for one case?

Charges are possession of controlled substance with intent to distribute. Client is worried additional charges may be applied as well.

David A. Cincotta
David A. Cincotta answered on Apr 25, 2020

Yes. On occasion someone might hire two lawyers for the same case. It may not be warranted in the case you describe, but it is possible to do. If the case is likely to go to trial, having a second attorney present to help spot issues for appeal and to assist the other attorney is definitely a good... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My car was impounded. The police have a hold , the tow yard States the car is there under title 47 sec 901. Can I get

Car is financed

David A. Cincotta
David A. Cincotta answered on Apr 20, 2020

The reason the car was impounded could impact the steps you take next. The police could have a hold on it for a variety of reasons (suspicion of it being stolen, need to process it as evidence, considering filing a forfeiture action against it, etc.). If the vehicle was impounded and you were... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for Oklahoma on
Q: I was arrested in December they violated my 4th amendment by running my tag with out knowledge of me commitment a crime

Can I have a case against the police department

David A. Cincotta
David A. Cincotta answered on Apr 19, 2020

The question you present is not one that can simply be answered on a forum such as this. If you were arrested and no charges were filed, you could contact a civil rights attorney to review your case. If you were charged, you should hire (if you have not done so already) a criminal defense... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Is it legal to charge me a doc supervision fee and a da supervision fee in Oklahoma

Im on a suspended sentence in Oklahoma. 2 years supervision through department of corrections. So I pay 40$ a month to them but then the courts are also making me pay a da supervision fee under 991 fees. Doesn't sound legal to have to pay two enteties for the same thing according to what I... Read more »

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

You are correct about that. It isn't right, but the courts and the legislature have not stopped it from occurring. If you cannot afford to make the payments there are a few options. DOC is fairly good about reducing or waiving supervision fees payable to DOC, if you can establish that you... Read more »

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1 Answer | Asked in Criminal Law and Sexual Harassment for Oklahoma on
Q: How would I get a mug shot for an older case
David A. Cincotta
David A. Cincotta answered on Apr 10, 2020

Contact the entity that would have taken the mug shot and find out if they still have it. If the entity still has it, ask that entity how you go about requesting a copy. Oklahoma law enforcement entities (state and local) will provide it to you (if they still have it) pursuant to the Oklahoma... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I had felony charges and completed my differed sentence and the court dismissed my charges does that mean Im not felon

Does that mean I'm not a felon?

David A. Cincotta
David A. Cincotta answered on Apr 10, 2020

I agree with Mr. Tiernan. You are not a convicted felon, and great job! However, you should be aware that if your deferred sentence was for a crime under the Uniform Controlled Dangerous Substances Act, there can be a lingering impact of your deferred sentence for certain purposes. What it says... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Attorney on case in Oklahoma County died

The attorneys name was Bob Moore who passed away was just wondering what is going to happen at my next court date

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

You can either begin now in finding a new attorney on your own or contact the Oklahoma Bar Association. Often times (I don't know about this one), the Bar Association can identify a group of attorneys who are assisting in helping clients of attorneys who suddenly can no longer practice law. I... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In November they changed the law on how much meth 1 had 2 b n possession of 4 it 2 b a felony. Is that retroactive

My sister was arrested by the white horse police at Newcastle casino in October she was in possession of 20 grams of meth and was charged with felony trafficking does the change in law affect her case

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

In Oklahoma, the difference between simple possession of drugs and the trafficking of drugs is the weight of the drugs. Trafficking of meth is the possession of 20 grams or more of meth. Between simple possession and trafficking is possession with intent to distribute. Possession with intent to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Maximum punishment for a grand larceny with afcf?
David A. Cincotta
David A. Cincotta answered on Mar 30, 2020

Assuming the value of what has been alleged to have been stolen exceeds $1000, then the range of punishment for a Grand Larceny AFCF (with one prior or with two or more priors with none of them being a felony enumerated in Title 57, Section 571) is 0 to 10 years. Grand Larceny AFCF (with two... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is possession of cds the only felony that was made a misdeamenor retroactive in Oklahoma?

Wondering if the other one's like Concealing stolen property or burglary 2 retroactive also as of Nov 1st 2019

David A. Cincotta
David A. Cincotta answered on Mar 19, 2020

There is a misconception that the Possession of CDS law was made retroactive. Instead of doing that, the Legislature enacted a law providing relief to individuals currently serving a sentence for a crime that occurred before the crime became a misdemeanor. The law made them eligible for... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do I have to register as a violent offender if I was convicted in 1997 in the state of Oklahoma
David A. Cincotta
David A. Cincotta answered on Dec 13, 2019

It depends. Registration (violent registration and sex offender registration) issues are reliant upon case-specific facts and often prior versions of statute still apply to specific individuals. Therefore, there is no way to provide a simple yes or no answer to your question. There are... Read more »

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