Asked in Criminal Law for Oklahoma

Q: What is the time limit and rules in Oklahoma for filing a second page (after former) on a new charge ...same crime.etc

Does it need to be the same type of crime? I.e. Felony indecent exposure then 8years later manslaughter automobile?

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1 Lawyer Answer

Craig M. Hoehns

Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Your generic question is too broad to answer without going on for several pages. When it comes to sentence enhancements (after formers), there are different rules that apply depending on what prior convictions or deferred adjudications exist for a charged individual and with what an individual is currently charged. Domestic Abuse, Protective Order Violations, DUIs, Drug Charges, Sex Offenses, Child Abuse, and General Felonies are all treated differently.

Your example of a manslaughter charge filed within 8 years after conviction of the felony of indecent exposure would be properly filed under the general sentence enhancement statute found in title 21 sections 51.1 and 51.2. See: http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=21+os+51.1 and http://www.oscn.net/applications/oscn/deliverdocument.asp?lookup=Next&listorder=379000&dbCode=STOKST21&year=

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