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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Education Law and Native American Law for Oklahoma on
Q: Is it legal in OKla, at the Hinton prison, to house 8 men in one cell? Can I find out the square footage of these cells?

I want to know the laws and rights of the prisoners, for instance, getting these prisoners in facilities like these access to higher education. My source informed me multiple prisoners die daily, weekly. And that the mandatory body cameras are turned on and off at their leisure. Higher education is... View More

James L. Arrasmith
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answered on Dec 21, 2024

In Oklahoma, housing eight men in a single cell at Hinton prison may violate state and federal standards for inmate housing. To find the specific square footage of these cells, you can request this information through the Oklahoma Department of Corrections or file a public records request.... View More

0 Answers | Asked in Criminal Law for Oklahoma on
Q: Is there anyone willing to help? Most attorneys told me it was a conflict of interest or just did not want to get in it?

I am faced a troubling situation after purchasing a vehicle that was subsequently stolen by my ex-boyfriend. After reporting the theft to my insurance company and the local police, I provided a statement to the officer who assured me that I would be contacted. However, despite my follow-ups, I... View More

0 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: I had been living in my camper in someone's yard outside of town no rent for around a year then I went to jail for an

Old warrant for three weeks. While I'm jail he got rid of my camper. Sold it on marketplace. The cops have been called on two separate occasions and told about the incident twice. They even took pictures of the title tag and registration but have not arrested him, nor have they logged the... View More

0 Answers | Asked in Criminal Law for Oklahoma on
Q: I am actively seeking counsel in Kay County, Oklahoma case one count of possession of stolen vehicle.

I am the one who purchased the vehicle and still have this vehicle today. I have letters from the Governor stating the vehicle was stolen along with the documentation from my insurance company where I had reported the my vehicle stolen I was never arrested like it states on website. And I have made... View More

0 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I’ve been on probation since 2019, welll I got unsupervised then I got another charge October of last year a dui.. ???

I got the dui last year October and they filed motion to excelerste! So they put me back on clean start “ ransom UA”s well I go to court January 8th for my. dui case .. idk what happening with that then January 9th my PO has to testify against me a sepena…

What do you think is going... View More

0 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Oklahoma on
Q: Assaulted by boyfriend with a vehicle. I made a claim with the insurance company and they are dragging their feet.

My boyfriend assaulted me with a rental car while we were out of town in another state. I made a claim with the auto insurance company due to having to go to the ER and sustaining injuries. They are dragging their feet on paying me. Can I sue him for compensation back in our home state or would we... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Can prosecution use evidence collected by officers who did not testify and were not listed on state witness list

These officers reports were undisclosed by prosecutor and have been suppressed since 2004

Robert Donald Gifford II
Robert Donald Gifford II
answered on Nov 20, 2024

It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Detective Questioned for embezzlement from work place. said he would get back with me, any suggestions
Tracy Tiernan
Tracy Tiernan
answered on Oct 29, 2024

The strongest evidence in a court of law is when a defendant accused of a crime opens their mouth and gives a confession. Most seasoned criminal defense attorneys will tell you never to talk to law-enforcement when you know you’re under investigation for having committed a crime.

Having...
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1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Yes I'm righting Im Regards of trying to figure out my rights for the deaf hard hearing

Yes I had courts it was a formal arraignment my attorney wanted me to do it please I am deaf and did not feel comfortable doing the plead as I was not aware of everything that was going on through my preliminary hearing due to me being deaf I've had several other cases that I was not provided... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're experiencing this. You have the right to effective communication in court, which includes having an interpreter provided if you are deaf or hard of hearing. It’s important that you have someone who can fully understand and participate in your legal proceedings.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: It's just a Court's responsibility to furnish paperwork or rights if they suspect defendit is deaf or hard of hearing

I would like to know if it's the Court's responsibility for providing me with paperwork about my rights for an interpreter for the deaf or hard of hearing I have a cochlear implants and I was not aware of my interpreter rights I'm asked them and told him I needed somebody in the past... View More

James L. Arrasmith
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answered on Oct 26, 2024

I'm sorry to hear that you've had difficulties obtaining an interpreter in court. It's essential that you have full access to communication during legal proceedings, especially if you're deaf or hard of hearing.

Courts are generally responsible for providing...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: When there's an application to revoke that's been filed, after a prior one has been dismissed, according to Title 22, th

The first revocation is only a 6 month sanction? If it's just technical violations. Is there any loop holes to consider? Or be on the lookout for?

Tracy Tiernan
Tracy Tiernan
answered on Oct 25, 2024

It’s not necessarily a scheduled formula of punishment. When you violate the rules and conditions of your probation, the state, through the district attorneys office, and the judge have the power to punish you in a variety of different ways including a minimal slap on the wrist to incarceration... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can witnesses for the prosecutor sit with them and whisper things during another witness for the prosecutions testimony?

First witness, the drug task force officer stayed in the court room while the K-9 to unit officer gave testimony. During the 2nd witnesses cross examination the first witness got up from his seat and went and sat with the prosecution whispering to her which caused her to re-cross examine the 2nd... View More

Tracy Tiernan
Tracy Tiernan
answered on Oct 18, 2024

Unfortunately, you have not provided enough information. It’s not clear whether you’re talking about testimony presented at the jury trial stage or a preliminary hearing or some other motion or evidentiary hearing.

As a general rule, any competent criminal defense attorney, at a...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: False police report - no evidence/proof of outrageous claims. Resulted in 2 misdemeanor charges of threats/intimidation

neighbors 3 dogs came to my property & attacked my 3 sheep killing the male, who was like my child. I filed a civil complaint. They go to let him now & he suddenly has claims I’m harassing him. I ran him off the road, followed him & his son to to a nearby town taking pics of them,... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're going through this difficult situation. Start by gathering all possible evidence that can support your innocence, such as alibis, surveillance footage, photos, or any witnesses who can confirm your whereabouts during the incidents. Document every interaction you have... View More

1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: Do police in oklahoma have to have body cam footage of incidents or arrest

My girlfriend and I was pulled over by a obn interdiction officer he said she crossed the fog line a little when she changed from middle lane to outside which she didn't but okay he said for her to come sit in his vehicle to give her a warning she was back there for at least 10 min saying his... View More

James L. Arrasmith
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answered on Oct 11, 2024

In Oklahoma, body camera policies vary by police department. Not all agencies are required to use body cameras for every stop or arrest. Some departments may have specific guidelines about when cameras must be activated, while others might not use them routinely.

Given your situation,...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What if police officer lies in a report to make traffic stop seem lawful
Tracy Tiernan
Tracy Tiernan
answered on Oct 10, 2024

Great question! And a very common one. Well, when these things occur you simply hope and pray they have body or dash camera footage of the interaction. If that is not available, then it’s simply a swearing match and each person’s credibility comes into question.

It’s actually the...
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2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim of a no contact order tries to contact defendant, is it a violation?
Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2024

That’s a very good question! It’s also a very common question which I get asked all the time.

When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happened when a highschool boy assaulted his girlfriend

Both are in high school... Both 17.... Left bruises and bite marks

Tracy Tiernan
Tracy Tiernan
answered on Sep 28, 2024

Unfortunately, you have provided us with precious little information that would enable us to give you a learned answer or any meaningful direction.

In simplest terms, an assault and battery has taken place. Perhaps it was mutual combat. But, a boy and a girl in a fight will typically result...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Does prosecutor have to disclose all of a witness statements or just 1 of their statements

On night of incident a sexual assault a witness gave exculpatory statement..9 days later he was interviewed by detective.. that's only statement I received..does prosecution have to disclose all statements

Tracy Tiernan
Tracy Tiernan
answered on Sep 9, 2024

Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.

If you have independent proof of such a statement (in other words, the...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: An offender tore up a house(removed wall) committing crime. Is not charged RESTITUTION. Why is this
Tracy Tiernan
Tracy Tiernan
answered on Sep 3, 2024

That’s a very Interesting question. There are a variety of reasons that factor into whether or not someone charged with a crime owes any restitution at all in the first place. Then there are questions surrounding the manner in which their restitution is to be measured. There are instances where... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: While in public if a common citizen videos two adults without their knowledge then posts publicly they are cheating

Is this illegal in any state or federally? I recently saw a post of this nature and it really had me worried about any citizens right to privacy. I knew the people and it was completely untrue. If the poster would have taken time to speak to the people in the video they would know the complete... View More

James L. Arrasmith
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answered on Sep 7, 2024

In the United States, laws regarding recording and posting videos of people in public without their knowledge vary by state. Generally, if the recording takes place in a public space where there is no reasonable expectation of privacy, it may not be illegal. However, posting such videos online and... View More

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