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... View More 
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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... View More
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,
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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... View More
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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);... View More
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... View More
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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... View More
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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... View More
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.
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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... View More
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?
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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... View More
The man has a surviving sister and niece and nephew from deceased sister.
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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... View More
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... View More
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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;... View More
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answered on Apr 28, 2022
This will depend on where the charge is filed, her criminal history, and possibly other factors.
(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?
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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... View More
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... View More
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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... View More
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... View More
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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... View More
Can i take care of this stuff and not go to jail again
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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... View More
Case # CRF-79-1268 , OK DOC#: 102168
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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... View More
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.
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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.
I went to jail in 2018 then bonded out and my case closed shortly after, is the bondsman able to file bail jumping for non payment
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answered on Nov 29, 2021
No. Bail jumping is a charge for those who are alleged to have absconded and missed a court appearance. It doesn’t appear that occurred based on your description.
If you still owe money to the bondsman and you previously agreed to pay him or her, the bondsman is able to file a civil... View More
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answered on Nov 9, 2021
First, a violation report by your PO does not automatically mean that the DA will file an application/motion to revoke your sentence. I suggest you take two actions. First, find your case on OSCN and monitor it to see if an application/motion to revoke is filed. If it is filed, a warrant will... View More
My car was caught in the crossfire of a shooting that occurred at a 7/11 a month ago. My car suffered damage, and I was indeed in my vehicle the time of the shooting. Luckily, I did not have any physical injuries. I am needing direction on how and who to hold responsible for my damages.
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answered on Nov 8, 2021
For restitution for the damages to your vehicle, contact the DA's office prosecuting the individuals who were shooting. If you don't know if charges have been filed, you can contact the police department to inquire. The DA's office will generally have you fill out and submit a... View More
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answered on Nov 2, 2021
It would depend on what is charges filed by the prosecutor.
If charged as Sexual Battery, it carries - for someone without any previous felony convictions - no more than 10 years in the custody of the Department of Corrections. With prior felony convictions, the crime carries substantially... View More
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