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Questions Answered by David A. Cincotta
2 Answers | Asked in Criminal Law for Oklahoma on
Q: If a person has a f.t.a warrant in Oklahoma can they make a plea and pay fines without going to court,due to a death?

I need help with my warrant, I never been in trouble in Oklahoma only traffic tickets now this felony warrant haskell county Oklahoma I couldn't make court date my father passed away I called and changed court date but my mind wasn't focused my dad just passed june 14th 2020 my new court... View More

David A. Cincotta
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answered on Jul 30, 2020

My suggestion is if you have the death certificate and announcement/obituary from either the funeral home's website or from the paper. That along with the fact that you have been calling, and not trying to run or blowing the thing off, I suspect the court will work with you if you act fast.... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do i stop an investigation on me?

people i know have told me they've been asked by police about me selling drugs. I believe i may be under investigation for it. I haven't sold drugs but I did have a severe addiction to heroin & allowed various people to enter my life, stay and get high with me for a long time.... View More

David A. Cincotta
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answered on Jul 29, 2020

You cannot necessarily force law enforcement to stop an investigation; however, there are certain strategies that can be employed to best protect you and may cause any investigation into you to dissipate quickly. Also, be mindful that federal law prohibits all law enforcement and prosecutors from... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Warrant issued for failure to pay court fee’s. In jail 5 days.saying needs to see a judge. How long can they hold Him

How long can county hold him without being able to see a judge.

David A. Cincotta
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answered on Jul 27, 2020

It depends. Is he in the county from which the warrant was issued? If so, he should be seen quickly. If he is being held by one county for warrants from another county, it can take a little longer. If you want to discuss the specifics, please feel free to contact me tomorrow.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I live in Oklahoma, can i file a motion to dismiss for lack of jurisdiction in a criminal case? If so how is it done?

A plead of not guilty at arraignment. Second court case is today. I'm representing myself.

David A. Cincotta
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answered on Jul 27, 2020

I'm not sure I quite understand your question. As a defendant in a criminal case, you have the right to represent yourself and to file motions on your own behalf. That does not mean that doing so is a good strategy or a wise choice.

I would strongly urge you to hire an attorney. You...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My felony warrant was recalled. It states because of mcgirt case & title 12 section 39. What do those mean exactly?

Charged with a felony 1st degree burglary and domestic assault. Police made falsehoods and omitted witnesses to which I could prove and wrote the DA proving such. Is it possible the officer is liable so they used these reasons to recall warrant instead of admitting officers fault?

David A. Cincotta
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answered on Jul 27, 2020

The McGirt case is a U.S. Supreme Court case decided earlier month. There is a lot to the decision - but to summarize it to its most basic form...the Supreme Court determined that certain land (the Muskogee-Creek Nation) that was historically Indian Country but not considered as such by the State... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Why is Kansas not extraditing

We were pulled over in Oklahoma and my nephew had a felony warrant in Wichita KS but they didn’t want to extradite

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answered on Jul 21, 2020

Several reasons could exist. Generally, when it is a felony warrant and the state is a border state, the state with the warrant will extradite. That said, it could be that because of COVID, a limited budget to transport inmates from other states, or a limited jail space in the county from which... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Due to the COVID-19 can felon request for Judicial review when their 60 months was up in February 2020?
David A. Cincotta
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answered on Jul 17, 2020

Unfortunately no. There was an order from the Oklahoma Supreme Court extending all deadlines that occurred between the middle of March to the middle of May, as a result of COVID-19. Because you indicate that your deadline was in February, I do not believe there is anything that would extend that... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If i was the one initially that pressed charges, A&B deadly weapon, can the DA still pick it up if i dropped the charge?

Can I even drop the charges? It was a Domestic but police are really exaggerating the case big time. Im afraid he is going to get a sentence he doesn't deserve over an isolated incident. Thank You

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answered on Jul 17, 2020

Generally speaking, the DA will evaluate the case and determine if there is sufficient evidence to proceed with charges and determine what charges to file based on the facts. The DA can pursue charges even if it is against your wishes. This is especially true, and it frequently occurs, in cases... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: i was the one that pressed charges, Dom A&B deadly weapon, a jar was thrown on ground. Can DA pick it up if i drop chgs.

Isolated incident is getting way out of control. He surely does not deserve to do time over it.

David A. Cincotta
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answered on Jul 17, 2020

Generally speaking, the DA will evaluate the case and determine if there is sufficient evidence to proceed with charges and determine what charges to file based on the facts. The DA can pursue charges even if it is against your wishes. This is especially true, and it frequently occurs, in cases... View More

2 Answers | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Can a person be charged with knowingly CONCEALING stolen property.. If the item was not REPORTED stolen till 3mo later?

A 4wheeler I bought from someone got taken from my yard along with a gun that was stored in it.

I REPORTED it stolen a bail bonds called and said he has the 4wheeler and the person who took it.

It was impounded I paid 400 to get it out.

Then 2 mo later someone brought title... View More

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answered on Jul 17, 2020

The State has to prove that you knew or had reason to believe that the item you bought or received from someone else was an item that was stolen, embezzled, obtained by false pretense, or was from a robbery. However, there is what is called a rebuttable presumption in these circumstances. That... View More

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3 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Do u have to have a lawyer for your 2nd court date
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answered on Jul 7, 2020

You should hire an attorney as soon as possible. Most judges do not like defendants to show up without an attorney, especially twice. Each judge has his or her own tolerance. If you believe you cannot afford an attorney, you need to demonstrate to the court everything you have done to try to hire... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: A Felon was sentence to a 20 year term for manslaughter and has served 5 years. When can they ask for Judicial Review?

Does it have to be done through an attorney or by the individual person? How would I notify the Prosecuting DA?

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answered on Jul 1, 2020

Judicial review must generally be requested and ruled upon within the first 12 months of the date of sentencing without the approval of the District Attorney and within 60 months with the approval of the District Attorney. The exceptions that apply to the general rule above do not appear to apply... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do you become a witness for the state

If someone gets busted and u get on the state witness

David A. Cincotta
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answered on Jun 30, 2020

If you were not arrested and not charged with a crime but believe you have evidence that will be of benefit to the State in its prosecution against someone else, you should contact the law enforcement entity that arrested or investigated the person.

If you were arrested or have been...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I own a fire arm 20 years after a felony conviction?

I was convicted of a felony Assault & Battery charge in 1995 in Ford County KS. I now live in Oklahoma. Can I legally own any kind of firearm?

David A. Cincotta
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answered on Jun 29, 2020

I am going to assume by "own" you want to actually possess a firearm - whether in your home, your car, or on your person. With that, the answer is "No." You should contact an attorney in Kansas to see about obtaining a pardon in Kansas or if there are any other ways... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I was asleep in the passenger seat while a friend of mine was driving. A traffic stop ensued and the vehicle was search

drugs were eventually found in backseat. Two people were in the back seat... I had no knowledge of the contraband but have been charged with agg trafficking... what can I do?

David A. Cincotta
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answered on Jun 24, 2020

You should hire a criminal defense attorney immediately. Aggravated Trafficking is a very serious crime and it carries serious prison time in Oklahoma. Additionally, anyone sentenced to prison on said crime must serve 85% of the sentence before becoming eligible for any type of release.... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What are the rules of probation revocation that pertains to a parole officers authority ?

Is it normal for a 12 month probation sentence, on a suspended sentence to be revoked immediately upon failed drug test without thier attorney present? Also is it normal for the above to happen on a 7 yr sentence + 1 yr probation odoc . for burg II at 18 yrs old with no prior history what so ever... View More

David A. Cincotta
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answered on Jun 11, 2020

I would say that normally that is not the result of one failed drug test. Was her probation revoked or was it parole that was revoked? The difference is significant when it comes to the level of authority the officer has assigned to supervise the individual.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is a possession of a firearm in commission of a felony a violent offense? Can it be expunged
David A. Cincotta
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answered on Jun 9, 2020

Yes to both questions. On the expungement question, assuming the person was convicted of it, then the person must wait ten years following the completion of the sentence before being eligible. Also, the person can have no more than two felony convictions. There are a few other specific factors... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I’m being charged with possession of a stolen car that I didn’t know was stolen when I purchased it.

It was purchased in Kansas but I was arrested in Oklahoma. An investigation was on in Wichita but charges were dropped against me because the one who reported it stolen said she knows who I bought it from and he has a history of being a thief. I was never able to get the title from him because he... View More

David A. Cincotta
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answered on Jun 1, 2020

You need to hire a criminal defense attorney immediately! It may be that the facts as you stated will demonstrate you are not guilty of knowingly being in possession of a stolen vehicle, but you need an attorney to represent you and ensure your rights are protected in that process.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: my sister was out on a cash bond and the morning of court they issued a bench warrant on a motion to revoke and arrested

Her and she didn't get to go infront of the judge even tho she was there and filed failure to appear and forfetied my bond and set a bond at 75000$

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answered on May 24, 2020

You and/or your sister need a criminal defense attorney immediately. If court was missed due to being arrested on a warrant from another case, the court will often let the defendant back out on the original bond once bail is made in the other case. Sometimes the judge does not know the facts and... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does Criminal miscellaneous mean and what does a mi case also mean
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answered on May 22, 2020

It is just a case filing code used by the Court Clerk to file something where there may not be a criminal case filed (either a Criminal Misdemeanor CM or Criminal Felony CF). If there is something filed by an individual that is of a criminal nature (e.g. a bond reduction motion for someone being... View More

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