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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: Out on bail what to expect it arrignment for MTR misdemeanor. No new charge only failure to comply with rules and no pay

Oklahoma

Tracy Tiernan
Tracy Tiernan
answered on Jun 28, 2022

There are a number of ways to have a motion or application to revoke or accelerate a probation filed against you in a criminal case. The worst type of violations are if you get arrested for a felony or a misdemeanor crime. These situations will almost always result in a much more severe consequence... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I need help as to what I need to do. I had my door kicked in the only thing found was a meth pipe and scales. No drugs

Were found. I was told I sold to a c I. No charges have been filed they want me to do a controlled by but for the safety of my family im not gonna do that. What do I need to do im in Oklahoma. Someone plz help

Tracy Tiernan
Tracy Tiernan
answered on Jun 28, 2022

It’s a very bad idea to discuss such a situation on a public forum such as this. Clearly someone who had been arrested and was in serious trouble was asked to assist law-enforcement with locating other criminal activity in order to save his/ her own skin. This is a very very dangerous situation.... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a defendant have a criminal case that has been sentenced, moved to another jurisdiction?

Sentenced to 15 in/15 out. Some racial injustice. Victims parents are friends with sheriff and other people of influence. Modification of sentence denied June 2022.

Tracy Tiernan
Tracy Tiernan
answered on Jun 24, 2022

Any change of venue based on alleged or perceived bias or unfairness associated with a judge, district attorney or law enforcement probably should’ve taken place well before trial, sentencing or disposition of the case. At this juncture, your best bet is simply to contact an attorney who... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Is my case able to be dismissed?

I have had no criminal record until recently and im being charged with larceny of merchandise from retailer in the amount of $19.97. I switched a clearance sticker on 2 items. And Resisting an officer by jerking away after he startled me upon reentering the room angrily as where when he left he... View More

Tracy Tiernan
Tracy Tiernan
answered on Jun 20, 2022

If you have had no previous criminal arrests or convictions then a misdemeanor arrest for crimes such as these are routinely handled with the end result being a dismissal after a period of probation (Assuming you’re guilty or your attorney can’t get the case dismissed).

As far as the...
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1 Answer | Asked in Civil Litigation and Criminal Law for Oklahoma on
Q: If my home was robbed shouldn't the deputy have came to investigate and not my workplace 24 hours later?

This happened in October and they know who did it, have evidence yet nobody updates me. It wasn't turned over to the da until December even tho the deputy tried to tell me November. I called this week to get an update and was told they were not going to do anything, prosecutorial discretion. I... View More

Charles Watts
Charles Watts
answered on Jun 20, 2022

Not sure your question relates to the result you are seeking. The deputies actions would have to be viewed in the light of all other calls taken, as well as your availability when they were responding to the call. If you were not home when they were cleared off their other calls and you were at... View More

1 Answer | Asked in Criminal Law and Probate for Oklahoma on
Q: Can a notary notarize their own quit claim?

The day before my dads death in 1996, my stepmom notarized her own quit claim with her notary stamp. My first question is if that is or was legal then. My second question is what benefit would it be since the quit claim basically added her in the second party JTWROS since they were married at the... View More

Nina Whitehurst
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answered on Jun 19, 2022

Definitely not. A notary public may not notarize his or her own signature.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Civil Rights for Oklahoma on
Q: Can I post a picture of my husband and his truck on social media

My perfect husband was identified picking up a prostitute on South side of okc so I took a picture of him and his truck with the caption I WAS BUSTEX PICKING UP A NASTY DIRTY XX AND I DIDNT CARE THAT THEY MAY HAVE MANY diseases so if you **** or xx me please message me cuz my wife has the right to... View More

Charles Watts
Charles Watts
answered on Jun 20, 2022

Short answer is people post many things on social media - often before thinking about the long-term effect. Can you and should you are not necessarily equal partners. As with almost every lawyer, the advice is do not post it. Seek counseling for you both, and if that fails then dissolution can... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My fiancé was arrested on a warrant for missing a court date after being granted a 90 day compliance on a deferred

He was not offered bond at arraignment and was given a court date for 1 month out. Are they going to send him to prison? Will they give him an opportunity to make this right and let him out on a suspended?

I’m in a panic. He takes care of us, is the only one that works and pays the bills... View More

Tracy Tiernan
Tracy Tiernan
answered on Jun 14, 2022

Without having all the facts related to the criminal case, it’s going to be very difficult to give you any educated guess as to how the case will end up. The more serious situation where someone headed for probation could likely lose that opportunity is where they get arrested for a NEW crime.... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I haven't been in trouble in 7 years but I do have a couple of CDs charges I had seeds and stims and klonopin now meth

This meth charge I just got was not mine someone threw the bag out my passenger window because they where arresting my wife I said it was mine what do I do

Tracy Tiernan
Tracy Tiernan
answered on Jun 2, 2022

First of all you should immediately contact a seasoned criminal defense attorney who specializes in drug cases. We don’t have information as to the initial contact, while you were pulled over. We would need information related to their reasons for conducting a search as well. Essentially though,... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was charged with possession of controlled and dangerous 63 o.s 2-402 a misdemeanor what does that carry in oklahoma

Can they change it to a felony later on in my court dates

Tracy Tiernan
Tracy Tiernan
answered on Jun 2, 2022

You should contact a seasoned criminal defense attorney to discuss the facts of your case as most of us will get free consultations over the phone or in person. The statute you have recited refers to merely drug “possession.” Possession of all drugs in Oklahoma is a misdemeanor (provided it... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: I was pulled over for speeding place in cuffs and was being detain my passenger has a register firearm under my seat

Not in plain sight no search Warrant or consent of search of car I’m the driver can I be charged with felony afterforeman

Tracy Tiernan
Tracy Tiernan
answered on May 30, 2022

As you are aware, as a convicted felon (or an adjudicated delinquent) you are not allowed to have any firearms in your house, in your car, or on your person. They’re going to use what’s for referred to as a reasonable person standard in most cases.

We simply need more facts to provide...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend' was in my motel room while I was at work. Police found drugs in her purse while she was in my room.

Why am I being charged for possession of the drugs. When she was the only person in the room and the drugs were found in her purse.

Tracy Tiernan
Tracy Tiernan
answered on May 29, 2022

Very interesting set of facts. We would need a few additional facts in order to give you the best answer possible. Why were the police at your apartment? Did they have consent to enter or did they have a warrant? Was your friend living there or simply visiting? What exactly did she tell the police... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son has been missing&local Sherriff's office isnt having any luck with any type of investigation.What can we do?

They're under budget and short staffed.We filed a missing person's report in 2018 and got him on NamUS at the same time.Is there any way the OSBI can take over the case?We just want to bring our son home.

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2022

I feel terrible that you are having to experience such a situation. Be persistent and unrelenting, and don't be afraid to ask questions of government authorities. Contact OSBI and contact the local DA's office, if you do not feel that the Sheriff's Office is doing anything or enough... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I am behind on restitution payments. Can a judge impose sentence after the completion date of a deferred sentence?

David A. Cincotta has responded to the question "Can an Application to Accelerate be filed on a deferred sentence that is past the completion date? Oklahoma":

If the date to which the sentencing was deferred had already occurred prior to the date the Application to Accelerate was... View More

David A. Cincotta
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answered on May 20, 2022

Also, with restitution that has not been paid, there is a provision that permits the judge to extend the period of supervision (by not more than three years), but that must be done by court order prior to the expiration of the deferred. Simply an application to accelerate after the deferred expired... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can an Application to Accelerate be filed on a deferred sentence that is past the completion date? Oklahoma
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2022

If the date to which the sentencing was deferred had already occurred prior to the date the Application to Accelerate was filed with the Court Clerk, then the Court is without authority to accelerate the sentence. It does not matter when the acceleration hearing occurs (generally speaking);... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Oklahoma on
Q: When coming to a stop sign are you required to signal 100 feet, when the car behind you has to stop anyways

I came to a stop sign, with the option of going left or right I signaled befor make a right hand turn just not 100 feet befor,

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2022

Technically, state law requires one signal their intention to turn right or left by signaling continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning - if other traffic will be affected by such movement. Municipal ordinances may be worded a little... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Oklahoma on
Q: The state picked up charges i filed against someone. I am being called as a witness. Do i nees a lawyer?

This is a dangerous animal case. My neighbors dog charged under a fence and attacked my dog Can they legally bring the dangerous animal near me/my home? This happens so often that i missed the first court date because i was afraid leave my home to check the mail. What is considered witness... View More

Tracy Tiernan
Tracy Tiernan
answered on May 11, 2022

In most instances victims of crime or witnesses who report crimes do not need an attorney. As a victim, assuming that’s the situation, you have an attorney already through the government, whether it’s a city prosecutor, an assistant district attorney, or a Assistant US attorney. But, It... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Whats the max sentencing on second degree burglary if a second page a.k.a. supplemental information of prior felonys
Tracy Tiernan
Tracy Tiernan
answered on May 5, 2022

We don’t have enough information to give you an accurate answer. Title 21 of the Oklahoma statutes, section 51.1 is where you want to check. Your answer depends on how recent your prior felony convictions are and how many you have, and the date your last felony (ies) were completed.

It...
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2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do I prove I was trying to help, not steal?

I found a phone and wallet at a grocery store 30mins before close. I took it, and tried to find this person. From her DL, I looked her up on FB, and contacted like 3 family/friends (based on last name). I drove to the address on DL, but it was an apartment complex and DL didn't have apt... View More

Tracy Tiernan
Tracy Tiernan
answered on May 3, 2022

Your sory has the appearance of being reasonable, however you need to consult a criminal defense attorney, present him/ her with the proof that you have described and get an opinion as to whether or not it might hold water in a court of law (or help in a plea negotiation with the state). What might... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have failure to pay warrants are they still felony wastage on the warrants?
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2022

I'm not sure I understand your question. If you have warrants for failure to pay court costs, you can likely resolve those warrants by paying the balance in full, by contacting the court clerk to see about getting set up on a payment plan and making your payments, or by requesting a rule 8... View More

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