Get free answers to your Criminal Law legal questions from lawyers in your area.
answered on May 2, 2022
Cases are dismissed for a variety of reasons. It doesn’t always mean that someone is innocent, but I don’t know your story. Many times cases are dismissed in a plea negotiation after a period of probation. Sometimes when a case is dismissed there are costs or monies that are still owed. If they... View More 
Love one violated his parole on a minor offense, does the governor have the last decision, or does the governor have the last decision if the offense is revoked by DOC?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2022
The Department of Corrections supervises individuals on parole and has the power to issue a warrant for a parole violation. If a warrant is issued and the person is arrested on said warrant, the Pardon and Parole Board (usually one person with authority to act on behalf of the Board) will conduct a... View More
We have had county laws sit at a 4 way stop every night almost for over 2 months spotlighting every car that comes through that stop. Blinding some drivers.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2022
The provision of Oklahoma law dealing with the use of spot lamps does not apply to law enforcement vehicles.
See Section 12-217 of Title 47. Subsection C states:
"The operator of any motor vehicle:
1. Which has in use a spot lamp shall, upon the approach of another... View More
The box was not big enough to hold a gun.
answered on May 1, 2022
In your factual statement you didn’t recite whether they had a warrant or not. There are lots of factors that go into suppressing an illegal search and seizure. You need to immediately contact and or retain a criminal defense attorney who can go over the facts carefully and make a decision on... View More
A buddy has a arrest warrant out for him and just wondering if they could go into his house to arrest him even if he doesn't answer the door and they don't know if he is there. This has nothing to do with a search warrant and don't involve me. I just curious if police can kick your... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2022
The answer may depend on a few facts. Generally speaking, law enforcement is permitted to enter the residence of the person subject to an arrest warrant if the officers have a reasonable belief that the person is located inside. So, they must not know for certain that he is in the residence. They... View More
A subponea for me has been issued twice now and i have yet to be served with anything from anybody.
answered on Apr 26, 2022
You need to consult a civil or criminal defense attorney with expertise in this area and have them review the Oklahoma statutes related to service of process. As a general rule though, subpoenas are commonly served in person by a licensed process server or a law enforcement official or by mailing... View More
(which she said was 991 fees), court costs, and restitution. Looking at my paperwork it looks like I am required to pay supervision fees to OCS and also 991 fees to the DA does that seem correct?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2022
Yes, except in those counties where the DA's office does the supervision (there are not many of them anymore - because they can make the $40/month for doing nothing). In all other counties, a 991 fee (prosecution reimbursement fee) is a separate fee payable to the DA, and the entity... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2022
This will depend on where the charge is filed, her criminal history, and possibly other factors.
Good afternoon,
I was researching some changing gun laws in my state. Upon doing so, I noticed the felony I was convicted of was changed to a “violent felony” six years after I plead to the crime. I’m wondering if I am now considered a violent felon or an
I still protected... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2022
If you are looking at other laws that specify crimes that impact eligibility or prohibited conduct and you are trying to determine if you are eligible or prohibited from said conduct based on a prior conviction, most of the time it will not matter what the law was at the time of your conviction;... View More
I served a 3 yr. deferred sentence. Just wondering if once they dismiss the case I get my firearms rights back or if I have to wait till I can get the whole thing expunged. Is there a process in Oklahoma you have to follow?
answered on Apr 4, 2022
A deferred probation means you’re not allowed to possess, in any manner (your car, your home, your pocket) any firearms. Once your deferred probation is concluded and the case is dismissed, as long as you’re not a convicted felon from some other episode in your life, you should be able to... View More
Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an... View More
answered on Apr 2, 2022
Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.
He was evading the police and wrecked the car but when I called the jail they said his charge was obstruction of an officer. What would his bail be?
answered on Apr 2, 2022
Notwithstanding the fact that this arrest might very well trigger a violation of his parole, the bond typically set for a misdemeanor obstruction would be around $1,000.
He didn’t know they were illegal my daughter told him to keep them in his car because he delivers pizza. He found them he didn’t purchase them if that makes a difference & never been in trouble
answered on Mar 29, 2022
If a citizen goes onto a military compound the rules change a bit. You need to consult a criminal defense attorney who can research the issue and give you the appropriate guidance and assistance.
I went to jail for what I thought was a public intoxication. Was bonded out for that paid the bail went to court they said that no charges have been filed yet. I go back to check online to see if charge is it been filed a month later and yesterday they filed actual physical control of motor... View More
answered on Mar 16, 2022
Many times when the police arrest someone for a crime they have an idea of what statutes or ordinances have been violated. Often times it guesswork because they haven’t done their full investigation, maybe they haven’t talked to some witnesses or followed up on some evidence. They will list... View More
answered on Mar 14, 2022
I think we need a bit more information to give you some clear direction, but it sounds like you have violated a couple of probations and the state has filed a couple of Applications to Revoke perhaps? If that’s correct, and if you haven’t confessed the apps or conducted the application hearings... View More
answered on Mar 8, 2022
Whenever they show an online entry that a subpoena is being “issued” it’s usually where one of the parties, the district attorneys office, the public defenders office or the private attorney for the defendant, is getting prepared to send subpoenas to witnesses for an upcoming hearing where... View More
I went through (Bondsman) and and and the signer on a bond for my friend. He missed court on 2/17 And I see where this was filed (the forfeiture) What does this mean for me what does this mean for him
answered on Mar 8, 2022
The short answer, I’m afraid, is its bad news for everyone. He’s gonna have a warrant issued for Cedar to peer and you’re on the hook for the bond at least for the time being if you signed surety papers or some promise to cover the bond if he fails to appear. I would immediately try to locate... View More
It's for a friend.
answered on Feb 25, 2022
A “misdemeanor review” is a return court date that is set by the judge after someone who has been charged with criminal misdemeanor has been placed on probation. The review date is the return date to come back to court and provide proof that all probationary obligations have been completed.... View More
answered on Mar 2, 2022
Based solely on the specifics that you presented - it isn’t legal.
answered on Feb 23, 2022
There are numerous different scenarios where giving a false name or holding one self out to be someone other than their true identity can subject an individual to criminal prosecution. From equipping your vehicle with lights trying to imitate law-enforcement or some other state official to giving a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
