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Questions Answered by David A. Cincotta
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... Read 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.

David A. Cincotta
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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...
Read more »

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...
Read more »

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
David A. Cincotta PRO label
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... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I am behind on restitution payments. Can a judge impose sentence after the completion date of a deferred sentence?

David A. Cincotta has responded to the question "Can an Application to Accelerate be filed on a deferred sentence that is past the completion date? Oklahoma":

If the date to which the sentencing was deferred had already occurred prior to the date the Application to Accelerate was... Read more »

David A. Cincotta
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answered on May 20, 2022

Also, with restitution that has not been paid, there is a provision that permits the judge to extend the period of supervision (by not more than three years), but that must be done by court order prior to the expiration of the deferred. Simply an application to accelerate after the deferred expired... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Oklahoma on
Q: When coming to a stop sign are you required to signal 100 feet, when the car behind you has to stop anyways

I came to a stop sign, with the option of going left or right I signaled befor make a right hand turn just not 100 feet befor,

David A. Cincotta
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answered on May 20, 2022

Technically, state law requires one signal their intention to turn right or left by signaling continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning - if other traffic will be affected by such movement. Municipal ordinances may be worded a little... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can an Application to Accelerate be filed on a deferred sentence that is past the completion date? Oklahoma
David A. Cincotta
David A. Cincotta PRO label
answered on May 20, 2022

If the date to which the sentencing was deferred had already occurred prior to the date the Application to Accelerate was filed with the Court Clerk, then the Court is without authority to accelerate the sentence. It does not matter when the acceleration hearing occurs (generally speaking);... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do I prove I was trying to help, not steal?

I found a phone and wallet at a grocery store 30mins before close. I took it, and tried to find this person. From her DL, I looked her up on FB, and contacted like 3 family/friends (based on last name). I drove to the address on DL, but it was an apartment complex and DL didn't have apt... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on May 4, 2022

I agree with Mr. Tiernan. I would also note that if you missed court, you likely have an outstanding warrant that you need to resolve. That can likely be done by securing a bondsman before surrendering, so that you are processed in-and-out of the jail and not arrested at a time when it would be... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have failure to pay warrants are they still felony wastage on the warrants?
David A. Cincotta
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answered on May 3, 2022

I'm not sure I understand your question. If you have warrants for failure to pay court costs, you can likely resolve those warrants by paying the balance in full, by contacting the court clerk to see about getting set up on a payment plan and making your payments, or by requesting a rule 8... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma what laws say when a cop can use their spotlights??

We have had county laws sit at a 4 way stop every night almost for over 2 months spotlighting every car that comes through that stop. Blinding some drivers.

David A. Cincotta
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answered on May 2, 2022

The provision of Oklahoma law dealing with the use of spot lamps does not apply to law enforcement vehicles.

See Section 12-217 of Title 47. Subsection C states:

"The operator of any motor vehicle:

1. Which has in use a spot lamp shall, upon the approach of another...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Does the governor make the last decision on all parole reovations?

Love one violated his parole on a minor offense, does the governor have the last decision, or does the governor have the last decision if the offense is revoked by DOC?

David A. Cincotta
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answered on May 2, 2022

The Department of Corrections supervises individuals on parole and has the power to issue a warrant for a parole violation. If a warrant is issued and the person is arrested on said warrant, the Pardon and Parole Board (usually one person with authority to act on behalf of the Board) will conduct a... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: In the State if Oklahoma. A single man dies with no will. If no family files in probate what happens?

The man has a surviving sister and niece and nephew from deceased sister.

David A. Cincotta
David A. Cincotta PRO label
answered on Apr 28, 2022

The short answer is that "it depends." There are situations in which no probate is necessary. However, there are often times that family does not file probate and years down the road they find out that they should have. I would recommend you contact a probate attorney in or around the... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Non-Violent Felony changed to Violent felony. Am I still Non-Violent?

Good afternoon,

I was researching some changing gun laws in my state. Upon doing so, I noticed the felony I was convicted of was changed to a “violent felony” six years after I plead to the crime. I’m wondering if I am now considered a violent felon or an

I still protected... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Apr 28, 2022

If you are looking at other laws that specify crimes that impact eligibility or prohibited conduct and you are trying to determine if you are eligible or prohibited from said conduct based on a prior conviction, most of the time it will not matter what the law was at the time of your conviction;... Read more »

1 Answer | Asked in Criminal Law, Education Law and Municipal Law for Oklahoma on
Q: How much would the bong be if the charge was 21 o.s. 649(B) She was charged that for biting a police officer
David A. Cincotta
David A. Cincotta PRO label
answered on Apr 28, 2022

This will depend on where the charge is filed, her criminal history, and possibly other factors.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I accepted a suspended sentence for a misd. I was ordered to OCS supervision the DA said I would pay supervision fees

(which she said was 991 fees), court costs, and restitution. Looking at my paperwork it looks like I am required to pay supervision fees to OCS and also 991 fees to the DA does that seem correct?

David A. Cincotta
David A. Cincotta PRO label
answered on Apr 28, 2022

Yes, except in those counties where the DA's office does the supervision (there are not many of them anymore - because they can make the $40/month for doing nothing). In all other counties, a 991 fee (prosecution reimbursement fee) is a separate fee payable to the DA, and the entity... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can police enter your house for a arrest warrant even if they don't know if you're there or not

A buddy has a arrest warrant out for him and just wondering if they could go into his house to arrest him even if he doesn't answer the door and they don't know if he is there. This has nothing to do with a search warrant and don't involve me. I just curious if police can kick your... Read more »

David A. Cincotta
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answered on Apr 28, 2022

The answer may depend on a few facts. Generally speaking, law enforcement is permitted to enter the residence of the person subject to an arrest warrant if the officers have a reasonable belief that the person is located inside. So, they must not know for certain that he is in the residence. They... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Oklahoma on
Q: If person buying a car gives you a small amount to hold the car, then doesn't pay the full price did u legally sell it

okay guy wanted to buy an old pickup we had, we agreed to a purchase and he gave me $100 to hold it while he got the money. Instead he came back and just took the truck. I still have the title he did no paperwork. The police said that he didn't steal the car I sold it to him for $100. That... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Dec 23, 2021

It appears you have a few issues that must be addressed. One is whether a crime was committed - which if so the police could enter the vehicle as stolen in the national database. Another is whether you had a valid contract with the purchaser. Third, is whether an actual sale of the vehicle... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a 2,500$ cash only warrant out of Platte county mo. For a class d possession. Also 1 more warrant

Can i take care of this stuff and not go to jail again

David A. Cincotta
David A. Cincotta PRO label
answered on Dec 15, 2021

You really should contact a criminal defense attorney in Missouri (I would try to find one in or around Platte County) with whom you can discuss this matter. Not sure if you are trying to determine whether you can post bond without going to jail or resolve your case in a way that keeps you from... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a felony conviction from 1979, and I have a pardon, can I be expunged?

Case # CRF-79-1268 , OK DOC#: 102168

David A. Cincotta
David A. Cincotta PRO label
answered on Dec 6, 2021

Yes. You qualify for a full, arrest-records expungement based on the fact that you received a pardon. You will want to contact an attorney who handles expungements, discuss with the attorney your qualifications, and I imagine (based on recent expungement cases I have handled recently) you could... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: What is the best way to find police jurisdiction in oklahoma?

I was pulled over outside city limits by a city cop. I'd like to validate he was in his jurisdiction. I'm having no luck with google searches. Any advice is wonderful! Thank you so much.

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 29, 2021

Using Google Maps and searching for the city will generally highlight the city in a different shade/color. Often, the municipality's website will have a downloadable map of the city, which should show you the outer boundaries of the city.

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