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Questions Answered by David A. Cincotta
1 Answer | Asked in Criminal Law for Oklahoma on
Q: Need a lawyer for canadian county on probation and got pulled over in a friends car not knowing there were drugs in car
David A. Cincotta
David A. Cincotta answered on Dec 2, 2020

If your post is asking whether you need an attorney, yes...you definitely need an attorney. If your post is seeking responses from attorneys who practice criminal law in Canadian County, you may or may not have much luck making a post and seeking responses on here. I do practice in Canadian County,... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens if a customer purchases a product and gives you a check and then puts a stop payment on the check.

The customer then gives a credit card and it has insufficent funds this has gone on for weeks, now the customer is giving excuses one after the other please contact me and see if you can help, the truck driver and out of state can I file federal charges against them.

David A. Cincotta
David A. Cincotta answered on Nov 16, 2020

No, you cannot file federal charges against him. The US Attorney decides what criminal charges to pursue in federal court and the District Attorney or Oklahoma Attorney General decides what criminal charges to pursue in state court. You can report the matter to the police. The police may... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My child was sexually abused, and the perp has been sentenced. Now I want copies of the evidence, court records, but how

She was 11 at the time reported, and the ADA told me I could view/copy the case file when the offended was sentenced. It’s over now and I emailed the ADA about wanting copies of the case (never heard back) including the forensic interview of my daughter. I feel like I as her mom have rights to... Read more »

David A. Cincotta
David A. Cincotta answered on Nov 7, 2020

As the parent of the victim, I would suggest you start by talking to the District Attorney, the supervisor of the ADA, or even the victim witness coordinator at the DA's office. Some of the types of documents you identify are difficult for the public to gain access to - especially if the case... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: Can the feds take custody and move an individual from county jail if they have not been sentenced?

My uncle was picked up on a trafficking charge and made a plea agreement with the prosecutor but no papers have been signed and he has not been sentenced but the feds picked him up from county jail and moved him.

David A. Cincotta
David A. Cincotta answered on Nov 6, 2020

Yes. If the federal government intends to prosecute him, they can move him to where the US Marshal Service houses federal detainees. Then, the State generally needs to wait until the feds are finished before getting him back to finish his state case, but that is not always the case.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My son is in prison on a drug charge and domestic assault and battery by strangulation on me. This is second time.

I know as of November 1st domestic abuse by strangulation will be considered a violent charge in oklahoma. He is a repeat offender of assault on me. Will he now have to serve his 85% of time since he is in prison now and will still be when the law comes in affect?

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

Two things. Not all violent crimes are crimes subject to the list of crimes in which inmates must serve 85% of their sentence before being eligible for release. In this situation, the Legislature amended the list of violent crimes to include several domestic abuse crimes; however, those same... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How can i be charged with Forgery if i never forged anything

i jus received notice i had a Warrant For Class E Felony Of forgery. but i have not forged anything

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

You can be charged if the State believes there is probable cause to believe that you committed the crime it has charged you with. It very well could be that no crime was committed or they have the wrong person; that is something that can be determined when reviewing the discovery. With that said,... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Domestic violence case against intimate partner, how can I keep him from going to jail?

We were suppose to be engaged and married before all this happened we have a 1 year and 6 month old daughter, i dont want to have a broken family and neither does he, he is a great man and has a very big heart, this is his first offense and he had a clean record, every detail counts please help

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

If he has an attorney, speak to his attorney. If he does not yet have an attorney, he needs one ASAP. Without knowing the allegations, facts, and the charges, it is difficult to say what will happen. The State generally try to proceed with its prosecution, if it can, even if the victim does not... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it illegal to be listed as a child on a death certificate if you are not actually a child

The person that died considered me her daughter. I told the funeral home director I was basically her daughter for the last 17 years but she never had children and legally was not her daughter. I was her POA. And he listed me as her daughter on the death certificate and now her niece in Oregon is... Read more »

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

First, her niece cannot charge you. She can request authorities in Oklahoma to investigate whether a crime was committed, and it would up to the local district attorney or the Attorney General of the State of Oklahoma, if they believe a crime has been committed, to file charges.

It is a...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Two people. stolen vehicle driver & passenger both charged. Driver pleads guilty disposes of case. Case against pass??

Can the passenger charged with possession also they had no knowledge what constitutes position

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

Possession of a Stolen Vehicle or Unauthorized Use of a Motor Vehicle are crimes with different elements but both essentially require the State to prove that the defendant knew the vehicle was stolen or knew the vehicle was owned by someone other than another occupant of the vehicle or the person... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Oklahoma on
Q: 1st time offender sentenced for marijuana in 2010 it has been 10 years had deferred sentence 10/25, can I file expunge

1st time offender charged with trafficking marijuana completed parole issue free have 25 deferred. Can I qualify for expungement? In Oklahoma

David A. Cincotta
David A. Cincotta answered on Oct 23, 2020

You say you have 25 deferred. Do you mean suspended? It looks like from the title of your question (by your use of 10/25) that you received maybe a 25-year sentence with the first 10 years to serve for trafficking marijuana, and you were paroled at some point while serving the 10 years, is that... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Someone used my name in a Burglary. It definitely wasn't me.. how can I clear this up

there were two suspects. One already plead guilty and the other was the one that used my name and ssn apparently. There is a warrant for my arrest. From my understanding the person that used my name never showed up to court, I guess. I need help

David A. Cincotta
David A. Cincotta answered on Aug 26, 2020

If the person was arrested (may be tricky to tell, but if you want me to look to see, contact me directly), then that person was fingerprinted. If that is the case, there is a process to verify that you are not the person and you can receive a letter from OSBI confirming you are not the person same... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do you obtain the discovery packet without a attorney

My fiancé is wanting me to find out how to obtain a copy of his discovery packet he has no attorney Would this be something that I could do for him and if so what steps do I take and who do I contact if not then who would he need to contact

David A. Cincotta
David A. Cincotta answered on Aug 13, 2020

First, is he in custody or out of custody? If he is in custody, he should have an attorney appointed to represent him. If that has not yet occurred, it will very soon. The attorney will obtain the discovery/reports and he can talk to his attorney about obtaining copies.

If he is...
Read more »

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Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

David A. Cincotta
David A. Cincotta answered on Aug 11, 2020

The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:

"The...
Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can police raid your house at night
David A. Cincotta
David A. Cincotta answered on Aug 10, 2020

Search warrants of occupied residences generally must be served between 6:00 am and 10:00 pm; however, certain circumstances can exist to justify the court authorizing the search at anytime day or night. Felony arrest warrants may be executed anytime day or night. I agree with Mr. Tiernan's... Read more »

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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

This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license

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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