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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
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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... View More 
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?
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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.
They messed up on my j.s and the original court order is correct
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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.
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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... View More
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... View More
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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... View More
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
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
My probation officer is trying to make me register as a violent offender. I wasn't ordered to. Nor been convicted of such crime
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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
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
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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
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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
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answered on Oct 14, 2022
Contact a criminal defense attorney immediately!
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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
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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
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
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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
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... View More
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?
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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
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... View More
But I have a revocation sentencing court date that is a week from now, am I off parol?
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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... View More
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.
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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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