Houston, TX asked in Criminal Law for Oklahoma

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 date was changed to 23rd I thought it was the 26th I called to inform them I couldn't make it then and it was 23rd that day I was to be in court.

But they wanted death certificate that day we just got it this week I do have video of funeral home taking his dead body from motel room 4hrs after he passed we just got his ashes as well help me please

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2 Lawyer Answers
Tracy Tiernan
Tracy Tiernan
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: You need to retain a criminal defense attorney immediately. Even if not considered a valid excuse for missing court, the loss of your father is certainly an “extenuating circumstance” that an attorney could possibly persuade the Court (Judge) to excuse and withdraw the warrant without you having to go into custody, particularly with this Covid 19 Pandemic still surging and presumably strengthening.

David A. Cincotta
David A. Cincotta
PREMIUM
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: 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. With that said, you have a felony. You are going to need an attorney. An attorney is going to be able to assist you in this better than you will be able to on your own. If you are able to hire an attorney now, I strongly recommend you do so, get the death certificate and obituary to the attorney, and I suspect that the court will work with you by recalling the warrant and giving you a new date. Judges know things like this, unfortunately, do happen, and most judges are understanding and willing to work with defendants who supply proof and stay in contact. Again, I think having an attorney do this for you (and you are going to need one for this case anyway) gives you the best chance of having the court recall the warrant and set a new date.

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