Q: Is possession of cds the only felony that was made a misdeamenor retroactive in Oklahoma?
Wondering if the other one's like Concealing stolen property or burglary 2 retroactive also as of Nov 1st 2019
A:
There is a misconception that the Possession of CDS law was made retroactive. Instead of doing that, the Legislature enacted a law providing relief to individuals currently serving a sentence for a crime that occurred before the crime became a misdemeanor. The law made them eligible for commutation and limited the court's authority to revoke a suspended sentence or accelerate a deferred sentence for one of those crimes. That law does have a broader application than just Possession of CDS. It applies to any offense that was a felony and is now a misdemeanor. So that should include property offenses involving property valued between $500 and $1,000 in which the threshold value (for determining if the crime is a felony) was increased by law to $1000.
Here is a link to that law: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=483860
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.