Kansas City, MO asked in Criminal Law for Oklahoma

Q: Is it legal to charge me a doc supervision fee and a da supervision fee in Oklahoma

Im on a suspended sentence in Oklahoma. 2 years supervision through department of corrections. So I pay 40$ a month to them but then the courts are also making me pay a da supervision fee under 991 fees. Doesn't sound legal to have to pay two enteties for the same thing according to what I just read about 991 fees in Oklahoma. Thanks

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2 Lawyer Answers
Brian Boeheim
Brian Boeheim
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: I am sorry to say that it is legal. Literally under the 991 statute. It is a way for the DA's office to recover costs related to your prosecution. I agree, it is overly burdensome, and we have actually argued during Rule 8 hearings that the fines and costs are excessive. Supreme Court Justice Ginsberg has stated as much in a decision not too long ago. We have had some luck having the Judge reduce fines or suspend them to counteract the DA and DOC fees.

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: You are correct about that. It isn't right, but the courts and the legislature have not stopped it from occurring. If you cannot afford to make the payments there are a few options. DOC is fairly good about reducing or waiving supervision fees payable to DOC, if you can establish that you need the help. DOC is better than most with that.

Tracy Tiernan agrees with this answer

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