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Oklahoma Appeals / Appellate Law Questions & Answers
Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2020

The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:

"The...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can someone charged in a robbery case met with so called traumatized victim then contact them to drop charges?

Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life

Tracy Tiernan
Tracy Tiernan
answered on Feb 2, 2020

Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... View More

Q: What is appeal? If sentenced can you still get one?
Tim Akpinar
Tim Akpinar
answered on Feb 9, 2020

You include four categories for your question, but do not include Criminal Law - although you mention the word "sentencing." If your matter involves sentencing, a criminal defense lawyer should be advising you. As a general matter in virtually any context, appeals are governed by short... View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: In 2003 I believe an article was published in the Oklahoma Bar Journal that dealt with brief writing

The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... View More

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2019

You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might... View More

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: I need help on I guess filing a motion for a new trial or reconsider motion are filing an appeal for a misdemeanor petty

If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider

Brian Boeheim
Brian Boeheim
answered on Sep 22, 2019

What county was this in, or was it a municipal case?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Guess my name is Megan Fifield and I am looking for an attorney that does pro bono if not based off your income

I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz... View More

Brian Boeheim
Brian Boeheim
answered on Sep 22, 2019

What County was this in, or was this a municipal case?

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: withdrawing my plea& was told to write out why an take to court clerks office to be filed. How do I write it correctly?

I mean do I write Dear Judge ____, or to whom it may concerns

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How do I get a form to appeal termination of parental rights
Pete David Louden
Pete David Louden
answered on Mar 15, 2019

An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.

2 Answers | Asked in Appeals / Appellate Law for Oklahoma on
Q: Does family of defendant need to talk to news when appeals are about to start
Pete David Louden
Pete David Louden
answered on Jan 27, 2019

You should speak with the attorney for the defendant and seek guidance on this issue. The attorney can tell you what potential impact it may have on the case.

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1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Oklahoma on
Q: how do I find help on a appeal when she used legal aid and judge seen text where she told me to come and still granted p

my sons mom filed a protective order so I cant see and stop me from getting joint custody of my son and the judge seen text where she told me to come at 8 and still granted it and she used legal aid so they cant help me I got 14 days to file a appeal where do I find help

Pete David Louden
Pete David Louden
answered on Nov 29, 2018

This sounds like you may have tried to represent yourself without an attorney. Best possible thing you can do is hire an attorney now so that they can help you. Use the find a lawyer feature on avvo and you can select from many highly qualified lawyers.

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: Where would I research the laws or statutes that govern the suspension of a driver's license and their effective dates?

What gives the state of Oklahoma the right to suspend driving priveledges for a drug offense when the was no vehicle involved to be in operation?

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Knowingly and concealing stolen property is what my husband got revoked for is it possible to get an released early

He had already had a yr revoked leaving 7 more. His time would have been up In 3rd month next year. Can a revoked happen twice. would an appeal slow down his time or would it help

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Conflict of interest. Both were assigned the same lawyer.

6 yrs ago my now fiance, and his then ex wife had both got into trouble and during the sentencing they were both assigned the same lawyer. When the conviction came about he took the plea of 15 years (violent charges) and also agreed to it, if they showed her favor. So that they did. She got a... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Probate for Oklahoma on
Q: have a motion to revoke on probation. the judge said it's a schedule 2 review. completed drug rehab

was supposed to go straight to rehab but sister was in a wreck and didn't go till a month after since I didnt have the money. I completed a year rehab still clean. I have court tomorrow and can't find any information on what a motion to revoke probation schedule 2 review. this is my 3rd... View More

Q: Changes to OK §21-1713 (KNWNGLY CONC STLN PRPTY) on July.01.2017?

The laws change due to State-Question 780 in OK on July 01, 2017 and it takes the valuations in 21 o.s. 1713 (KNOWNGLY CONC STLN PROP) up to $1000.00 for classification as a Felony. Below $1.00 to $999.99 of value should be classified as a Misdemeanor correct? Also, if one was charged in the year... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 26, 2017

I agree with answer by Ms. Harroz, however I understand many District Attorney offices will reduce old charges in the discretion of the prosecutor.

1 Answer | Asked in Domestic Violence, Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Can a domestic A&B be dismissed if police failed to view hospital parking security video & only had witnesses reports?

If a person plead guilty to $50 fine because their public defender told them that the DA still had enough witnesses testimonies of the defendant assaulting the victim and later defendant finds out that video is called exculpatory evidence & the police failed to view & preserve that video... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 24, 2017

In criminal law, there are very important time frames for appeals and motions to withdraw pleas.

You should IMMEDIATELY contact an experienced Criminal Law Attorney for help. Convictions for domestic violence carry LIFETIME Ramifications!

Gary J Dean, Attorney

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Oklahoma on
Q: I was denied to be a TFC parent & denied an OKDHS foster kinship because I work. Even with a court order. What do I?

The entire time, the worker has not allowed any form of contact between me and the child. Even though we already have a relationship and she continues to tell him I'm trying to fostadopt.

judge ordered he be moved to my home as soon as possible once my home is approved. Ever since... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jul 1, 2017

Immediately You should consult an experienced Family Law attorney for help .

It would appear that a change of DHS caseworker is in order. You should document the prejudice by this worker. Your employment is not a reason to deny when suitable care is available during your work hours.

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oklahoma on
Q: Is renting furniture from a place like aarons renting it for a month then calling them to come pick it up and returning

It all back to them is that a civil or criminal case and how would i get an embezellment charge for that this is crazy please let me know and then i will tell you the hell ive been thru because of this and had to pay allmost 4000 dollars to them to get out of jail because they charged me with... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Laws on revocation.

I discharged my Suspended sentence 6/2016 app to revoke was issued 8/16, warrant was issued 11/16. At my hearing the judge said he did not care that I completed my sentence. What can I do??

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 24, 2017

Based on your question, there would not be any jurisdiction over you and no crime. Is it possible that you had some unpaid fines and the suspended sentence was not discharged yet?

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