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Questions Answered by David A. Cincotta
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.

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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... View 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... View More

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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... View 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... View 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... View 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... View More

1 Answer | Asked in Criminal Law and Banking for Oklahoma on
Q: I just found out my sister wrote a bad check 22 years ago for 25 dollars a arest warrant was issued but no one notified

No one notified her she had no idea at all now what will happen to her she just found out looking on line for something else can you help will she go to jail after 22 years please need help

David A. Cincotta
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answered on Dec 4, 2023

In this situation, there is likely a very strong defense for the matter to be dismissed. I would encourage you to contact a criminal defense attorney in the area where the charge was filed.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Statue 21-649-A . Is that a felony or a misdemeanor. Is that just assault
David A. Cincotta
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answered on Dec 4, 2023

Subsection A is just assault (no contact/touching), and it is a misdemeanor.

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... View More

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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... View 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: Walmart Pressed charges against me and did not tell me, they went and told other people, is that legal?
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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... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: A warrent was issued for trafficking illegal drugs and I know I was Targeted. what is the best move to make?
David A. Cincotta
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answered on Oct 14, 2022

Contact a criminal defense attorney immediately!

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1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: Is failure to yield to emergency vehicle is a criminal misdeameanor in oklahoma ?
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answered on Oct 12, 2022

While traffic violations are generally treated a little differently, any violation of law in Oklahoma that carries a fine or jail time that does not meet the definition of a felony, is technically a misdemeanor. That includes all, or nearly all, traffic violations - including the one you ask about.... View More

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: In 2016, i was sentenced to a 5 year suspended sentence in oklahoma. The 5 years expired in 2021. What are my options
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answered on Oct 3, 2022

If you are posting this question to find out what you can do have the records expunged, you will first need to apply for a pardon or wait. Assuming you conviction was for a non-violent crime, you will likely qualify to have the records expunged five years after your sentence ended (so in 2026).... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I had misdemeanor (s) that happened in 2014 and all the fines are paid how will I know when they can be expunged

I have a couple misdemeanors on my record and 2 felonies... But my misdemeanors are paid off and where done in 2014. How can I know they are eligible or not. And if that's so then when will approximately they be?

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answered on Oct 3, 2022

There are two types of expungements of criminal cases in Oklahoma. If your sentencing on the misdemeanor was deferred, then you would qualify to have the case dismissed and the court records expunged upon the date to which your sentencing was deferred expiring. Some counties do this automatically... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I received a supeona to testify against my husband in a domestic case. Do I have to do it? I'm not wanting to.
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answered on Sep 19, 2022

If you are not wanting to testify, I would recommend that you first talk to your husband's attorney. Failing to comply with a subpoena can have consequences, so don't just ignore it. You can always contact the prosecutor directly as well, but talking to your husband's attorney first... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Is there any types of appeals for someone that’s been in prison for 5+ years?

No previous charges, they got 15yrs for a child neglect charge. First and only offense.

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answered on Sep 4, 2022

An appeal of the conviction is out-of-time. Under very limited circumstances, a conviction can be vacated through the Post-Conviction process. Another consideration would be applying for a sentence commutation.

I would encourage you to contact an attorney to review the person's...
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1 Answer | Asked in Criminal Law and Civil Litigation for Oklahoma on
Q: Should a civil suit against the county the criminal offences were committed in be filed after the criminal case I'd ove

IF someone is shot fleeing the police and never fired a round can the cops say he fired at the cops to justify shooting him?

David A. Cincotta
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answered on Sep 2, 2022

You ask two questions here. The first question regards when a civil suit should be filed (if a criminal case is pending). The answer to that question is you should not wait to talk to a civil attorney about proceeding with a civil suit until the criminal case is closed. There are too many pitfalls... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My fiance' was sentenced to a DOC program in prison.DOC says he dont meet the guidelines for it.So hes just sitting ther

For the past 3 months he's been sitting in a holding cell.Loc ⁸% With no new program offered. And this time spent is not counting for anything. Is this legal.? So how do we go about submitting a MODIFICATION PETITION to the warden for a different program. They saying he wont be released until 2025.

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answered on Aug 29, 2022

I assume here that the sentence was for a set number of years in DOC custody, but the balance is to be suspended upon him successfully completing a certain (type of) program.

I highly encourage you to contact the attorney who represented him at the time of his sentencing. It is possible...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: If my parole supervision ends today and my parol officer tells me there is no need to schedule another report in,

But I have a revocation sentencing court date that is a week from now, am I off parol?

David A. Cincotta
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answered on Aug 5, 2022

From your question, it appears that one of the following must be true: 1. you are on probation and not parole, or 2. you have multiple cases in which you are on parole for one and on probation for another.

Either way, if you have an attorney for the revocation hearing next week, you...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son has been missing&local Sherriff's office isnt having any luck with any type of investigation.What can we do?

They're under budget and short staffed.We filed a missing person's report in 2018 and got him on NamUS at the same time.Is there any way the OSBI can take over the case?We just want to bring our son home.

David A. Cincotta
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answered on May 30, 2022

I feel terrible that you are having to experience such a situation. Be persistent and unrelenting, and don't be afraid to ask questions of government authorities. Contact OSBI and contact the local DA's office, if you do not feel that the Sheriff's Office is doing anything or enough... View More

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