Q: 21 OK Stat 21-1283 does this statute apply if adjudicated as a minor?
my friend was pulled over an informed that she had a warrants for both trafficking illegal drugs and also this said charge (stat. listed above) but has not had any misdemeanor or felony charges as an adult. can this firearm charge still be used and applied if her time they are saying she was "adjudicated" was a crime commited as a juvienile? There arent even any court minutes or listing of it on OSCN or any public information. To my knowledge it was expunged.
A:
Regrettably, yes it can be used as the predicate. If you read the statute carefully, in the first sentence, it uses the language:
“D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication.”
You need to consult a criminal defense attorney immediately.
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