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No warrant for the contents of said mobile device was presented at time of confiscation or any time after.
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answered on Dec 15, 2020
The question you pose is one that requires an analysis under the Fourth Amendment with the detailed facts of your encounter with the police. Unfortunately, the detailed factual account that is needed should not be communicated over this forum. Because you were arrested on an alleged drug charge, I... View More 
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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,... View More
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.
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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... View More
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... View More
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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... View More
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.
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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.
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?
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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... View More
i jus received notice i had a Warrant For Class E Felony Of forgery. but i have not forged anything
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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,... View More
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
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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... View More
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... View More
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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... View More
Can the passenger charged with possession also they had no knowledge what constitutes position
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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... View More
1st time offender charged with trafficking marijuana completed parole issue free have 25 deferred. Can I qualify for expungement? In Oklahoma
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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... View More
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
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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... View More
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
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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... View More
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?
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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... View More
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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... View More
This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license
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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... View More
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... View More
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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... View More
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... View More
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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... View More
What am I facing?
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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.
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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).... View More
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