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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Is there a way for a felon on probation to get a liquor license? Turn a guilty plea to non-guilty years after sentencin?
David A. Cincotta
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answered on Dec 24, 2020

You ask a few questions here that I am going to try to answer.

An individual currently on probation for a felony is not likely going to qualify for any alcohol/liquor license in the State of Oklahoma. The laws with regard to eligibility for alcohol licenses make individuals convicted of a...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: can a felon living in oklahoma carry i black powder pistol for protection
Charles Watts
Charles Watts
answered on Dec 23, 2020

Short answer - NO. A convicted felon (that has not been expunged and stricken) cannot be in possession of a firearm. Black powder pistol is still considered a firearm.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: 2 domestic incidents within 3 months of each other, am i looking at prison time? The anger is from my drug addiction.

I wasn’t arrested either time because I fled. My kids were at home both times. I have a drug problem that needs addressed, that’s the reason all this has happened, because of my drug addiction. I know the first charge domestic a & b with strangulation is NOT good. Now add a second incident... View More

Tracy Tiernan
Tracy Tiernan
answered on Dec 21, 2020

Anyone that tells you anything different than what you have surmised is simply speculating. Strangulation carries a minimum of one year and up to three years in prison. Lots of those cases actually get dismissed, particularly if the victim doesn’t want to send daddy/ boyfriend to prison. However,... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Oklahoma on
Q: My husband falsified a lease to obtain an Oklahoma driver's license nit Oklahoma residents who takes care of this

He filed for a divorce under same ID im driving 6 hrs neither of us are residents of the state he then lied and put an exparte on me the judge rolled her eyes when I chose to fight an attorney I paid did not go to court dropped it seeing me for 10,500 I paid him 1500 up front he made me print out... View More

Pete David Louden
Pete David Louden
answered on Dec 20, 2020

Did you have a question?

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does it mean when it says "OTC PROCESSING: IGNORE THIS CASE" at the end of a misdemeanor case?
David A. Cincotta
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answered on Dec 17, 2020

OTC means the Oklahoma Tax Commission. Frequently court clerks will send notice to the OTC to intercept state income tax refunds for defendants with past due court costs. I suspect, but cannot be certain, the message you are asking about has something to do with that.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If arrested on an alleged drug charge, is it legal for officers to confiscate your phone demand passcode and not return

No warrant for the contents of said mobile device was presented at time of confiscation or any time after.

David A. Cincotta
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answered on Dec 15, 2020

The question you pose is one that requires an analysis under the Fourth Amendment with the detailed facts of your encounter with the police. Unfortunately, the detailed factual account that is needed should not be communicated over this forum. Because you were arrested on an alleged drug charge, I... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can my probation officer keep me from being transgender and finishing my transition?
Brian Boeheim
Brian Boeheim
answered on Dec 10, 2020

The only limitations might be the drugs necessary may somehow conflict with what pops hot on a drug test, or if your transition requires you to go out of State. Without more information or specifics of what they are suggesting would be a problem, it is hard to answer your question.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I took a plea deal and got out. But I can prove I didn't commit the crime what can I do?
Brian Boeheim
Brian Boeheim
answered on Dec 10, 2020

If it is within 10 days of your plea, you can file a motion to withdraw your plea. The problem is if you pled guilty versus no contest or Alford you are a bit stuck with the fact that you admitted to something you didn't do. The Court frowns on lying, even when pleading.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Where a legal issue has arisen but the law was silent ? The superceded statute Is Title 37A sec 2-139. See c (2) chang

I have a lawfully purchased beer license. Oklahoma voted in new beer laws. The law was silent on the licenses that were purchased prior to the change in law but continued to be lawful. As a result my licenses were seized and now the law says my license was transferred to a new license which... View More

David A. Cincotta
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answered on Dec 24, 2020

If it is alleged you violated the law by not having the appropriate license, you will benefit greatly by contacting an attorney who can evaluate your situation against the law before and after the 2018 amendments.

The 2018 laws made it clear that upon the effective date of said law all...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Need a lawyer for canadian county on probation and got pulled over in a friends car not knowing there were drugs in car
David A. Cincotta
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answered on Dec 2, 2020

If your post is asking whether you need an attorney, yes...you definitely need an attorney. If your post is seeking responses from attorneys who practice criminal law in Canadian County, you may or may not have much luck making a post and seeking responses on here. I do practice in Canadian County,... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In a Criminal case in the state of Oklahoma, how many times will a judge post pone an Attorney Status Hearing?

I am trying to take out a mortgage to pay for an attorney. How much time am I legally allowed to do so before the judge puts me back in jail?

Brian Boeheim
Brian Boeheim
answered on Dec 2, 2020

It very much depends on the Judge and the county. One thing you have working for you at the moment ismost of the courts are closed or closing until after the New Year due to the risk of COVID.

2 Answers | Asked in Criminal Law and Sexual Harassment for Oklahoma on
Q: Can my parents win a case against an 18-year-old if I'm 16

I live in Oklahoma and the age of consent is 16 can they really win a case?

Charles Watts
Charles Watts
answered on Nov 22, 2020

This question requires much more information to be answered with any degree of accuracy. However, while the age of consent is 16 in the state of Oklahoma, the age of majority is 18, therefore a 16 or 17 year old is still considered a minor. Furthermore, if you are basing this question solely on a... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens if a customer purchases a product and gives you a check and then puts a stop payment on the check.

The customer then gives a credit card and it has insufficent funds this has gone on for weeks, now the customer is giving excuses one after the other please contact me and see if you can help, the truck driver and out of state can I file federal charges against them.

David A. Cincotta
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answered on Nov 16, 2020

No, you cannot file federal charges against him. The US Attorney decides what criminal charges to pursue in federal court and the District Attorney or Oklahoma Attorney General decides what criminal charges to pursue in state court. You can report the matter to the police. The police may... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Need help keeping intimate partner from going to jail?

Charges are assault by strangulation, domestic violence, interrupting a 911 call and avoiding the police, dhs is involved and I feel like I'm gonna lose my intimate partner and child and I cant do it, if that happens I wont be able to go on in life if I lose my child, I need a way for me to... View More

Pete David Louden
Pete David Louden
answered on Nov 10, 2020

At this point it sounds like you need to do two things:

1. Your partner needs a criminal defense attorney right now to fight any criminal charges.

2. You need a family law attorney to help you with DHS, now.

Where many people go wrong is they wait too long to get help. Do...
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1 Answer | Asked in Criminal Law, Child Support and Education Law for Oklahoma on
Q: is it illegal for a teacher to grip a student hard enough to cause bruises?
Pete David Louden
Pete David Louden
answered on Nov 7, 2020

As with most all things, this would depend on the specific facts of what happened. This is one of those issues where to get a reliable answer you will need to have a detailed consultation with an attorney. The attorney will want to review all of the facts and also ask questions to get to the... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My child was sexually abused, and the perp has been sentenced. Now I want copies of the evidence, court records, but how

She was 11 at the time reported, and the ADA told me I could view/copy the case file when the offended was sentenced. It’s over now and I emailed the ADA about wanting copies of the case (never heard back) including the forensic interview of my daughter. I feel like I as her mom have rights to... View More

David A. Cincotta
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answered on Nov 7, 2020

As the parent of the victim, I would suggest you start by talking to the District Attorney, the supervisor of the ADA, or even the victim witness coordinator at the DA's office. Some of the types of documents you identify are difficult for the public to gain access to - especially if the case... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: Can the feds take custody and move an individual from county jail if they have not been sentenced?

My uncle was picked up on a trafficking charge and made a plea agreement with the prosecutor but no papers have been signed and he has not been sentenced but the feds picked him up from county jail and moved him.

David A. Cincotta
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answered on Nov 6, 2020

Yes. If the federal government intends to prosecute him, they can move him to where the US Marshal Service houses federal detainees. Then, the State generally needs to wait until the feds are finished before getting him back to finish his state case, but that is not always the case.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Two people. stolen vehicle driver & passenger both charged. Driver pleads guilty disposes of case. Case against pass??

Can the passenger charged with possession also they had no knowledge what constitutes position

David A. Cincotta
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answered on Nov 5, 2020

Possession of a Stolen Vehicle or Unauthorized Use of a Motor Vehicle are crimes with different elements but both essentially require the State to prove that the defendant knew the vehicle was stolen or knew the vehicle was owned by someone other than another occupant of the vehicle or the person... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it illegal to be listed as a child on a death certificate if you are not actually a child

The person that died considered me her daughter. I told the funeral home director I was basically her daughter for the last 17 years but she never had children and legally was not her daughter. I was her POA. And he listed me as her daughter on the death certificate and now her niece in Oregon is... View More

David A. Cincotta
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answered on Nov 5, 2020

First, her niece cannot charge you. She can request authorities in Oklahoma to investigate whether a crime was committed, and it would up to the local district attorney or the Attorney General of the State of Oklahoma, if they believe a crime has been committed, to file charges.

It is a...
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1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Domestic violence case against intimate partner, how can I keep him from going to jail?

We were suppose to be engaged and married before all this happened we have a 1 year and 6 month old daughter, i dont want to have a broken family and neither does he, he is a great man and has a very big heart, this is his first offense and he had a clean record, every detail counts please help

David A. Cincotta
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answered on Nov 5, 2020

If he has an attorney, speak to his attorney. If he does not yet have an attorney, he needs one ASAP. Without knowing the allegations, facts, and the charges, it is difficult to say what will happen. The State generally try to proceed with its prosecution, if it can, even if the victim does not... View More

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