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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does a transfer order mean

They messed up on my j.s and the original court order is correct

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 11, 2022

A transfer order typically just refers to the court transferring the case from one judge to another judge. Generally speaking, a transfer order does not have anything to do with a J&S.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the driver openly states there is specific paraphernalia for the use of narcotics, is it PC to search the vehicle?

If the driver, who was stopped with PC to state statutes, admitts to using a specific narcotic in specific paraphernalia and states where the paraphernalia is located, is it enough PC to conduct a warrantless search of the vehicle?

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 11, 2022

It's difficult to say without more facts. However, if an individual admits to a police officer that evidence of a crime is located within his/her vehicle, the courts are likely to say that an officer then had probable cause to search his/her car for additional evidence.

0 Answers | Asked in Criminal Law for Oklahoma on
Q: If the driver openly states there is specific paraphernalia for the use of narcotics, is it PC to search the vehicle?

If the driver, who was stopped with PC to state statutes, admitts to using a specific narcotic in specific paraphernalia and states where the paraphernalia is located, is it enough PC to conduct a warrantless search of the vehicle?

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was recently facing a poss. Of CDS with intent in McClain county but had it dismissed on technicality of the Mcgirt

Law so now Chickasaw tribal courts has picked up the case after it was dismissed is this double jeopardy no person shall be tried twice for the same crime

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 11, 2022

No. First, your case in McClain County was not tried (at least by the way you describe it). Rather, it was dismissed prior to trial. In that situation, jeopardy in the first case never attached, so double jeopardy is not an issue. Second, double jeopardy only prevents you from being tried twice by... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: neihbor went to jail gave me permission to enter house to save dogs that where in kennel went in window filed b&e

jail didnt want to give key i went in window she said to save dogs gave me permission through a message with bondsman to save the dogs i used her icemaker and car jack while she im jail gave it back after i picked her up from jail she lost some weed and called police..i got a b&e possesion of... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 11, 2022

I would recommend you not state in a public forum the facts about your case/charges. You need an attorney, and you should look for a criminal defense attorney in the area where your charges are filed. You may have a defense to some or all of your charges, but you need to discuss the facts with your... Read more »

1 Answer | Asked in Native American Law and Criminal Law for Oklahoma on
Q: I have native American blood but no Indian card is there a dna test I can take to show in court to have a state charge

Dismissed due to mcgirt ruling in Oklahoma? I've been trying to get indian card but it's a process my great great grandmother is full blood Cherokee but she passed away years ago so it's hard to get death certificate. How can I get her death certificate?

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 11, 2022

If you have an attorney, your attorney can assist you in this. If you don't have one, you need one. Death Certificates are somewhat difficult to obtain unless you fall within the list of individuals to whom it can be released. The State Department of Health - Office of Vital Statistics is the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What dna test can I take to prove I'm indian to get a state charge dismissed in Oklahoma?

I've been trying to get my indian card cause my great great grandmother was full blood Cherokee indian.

Charles Watts
Charles Watts
answered on Nov 1, 2022

Almost every tribe does not accept dna for membership.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Oklahoma on
Q: Is there a website, book, or other source accessible to the public where I can read all of the Oklahoma Laws?

I ask in order to know laws that do/ do not apply to me.

David A. Cincotta
David A. Cincotta PRO label
answered on Oct 25, 2022

There are a few. The Oklahoma Judicial Branch has a website that has all of the Oklahoma Statutes, Constitution, Session Laws, and more. Go to www.oscn.net and click the link for "Legal Research" and then click on "statutes" or "Oklahoma Statutes Citationized" From... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Walmart Pressed charges against me and did not tell me, they went and told other people, is that legal?
David A. Cincotta
David A. Cincotta PRO label
answered on Oct 24, 2022

It is unclear exactly what occurred here or what charges have been brought against you. With that said, Walmart must have made a complaint to a law enforcement agency regarding something they have alleged that you did. Walmart is not able to prosecute criminal cases or to decide whether to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have been in prison in the past but more than 10 years ago but I Caught a new position with intent to dis tribute

What are the chances of me getting accepted into a alternative program?

Tracy Tiernan
Tracy Tiernan
answered on Oct 20, 2022

It’s difficult to say without knowing the specifics of your past criminal history. Alternative courts such as veterans court, drug or DUI court, mental health court, they are reluctant to accept candidates with a violent history, or a history involving guns or protective orders. It’s been a... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I get a misdemeanor dropped if it came as a result of me getting falsely accused of something else?

I was accused by a driver of throwing a rock and breaking his windshield. I have surveillance video showing me walking away from his car without throwing anything as well as footage of his car with a cracked windshield before he got to me. He called the cops and within a minute they had me detained... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Oct 24, 2022

It's difficult to say for sure. If law enforcement was acting reasonably based on the information they had at the time, it is unlikely the fake id would be suppressed. With that said, the prosecutor may become more lenient regarding the fake id upon proof that the misdemeanor involving the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do you have to be ordered by a judge to register as a violent offender? Or can Doc make you?

My probation officer is trying to make me register as a violent offender. I wasn't ordered to. Nor been convicted of such crime

David A. Cincotta
David A. Cincotta PRO label
answered on Oct 24, 2022

Contact the attorney who represented you at the time of your plea. If that attorney is not available, contact a criminal defense attorney. Generally, the Court does not have to order it for the individual to be required to register. There may be arguments that exist for not having to, but I would... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My neighbors acroos the street shot off their weapon (gun) 7 rounds a few minutes later (3) fired off another 7 rounds.

approximately 10:45 p.m. The next day i noticed a hole in my svreen and window leading to my livingroom. The ricocheded bullet only went through the screen and first glass. I notified the police. The officer took a report and picture of the window, then left. Looking into the replacement of the... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Oct 24, 2022

You should contact the detectives to see if they have any updates or suggestions. They generally want to help and want to get to the bottom of the matter, but they may have additional cases to investigate in front of yours. If you hear gun shots, call 911 and report it immediately. There may be... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: A warrent was issued for trafficking illegal drugs and I know I was Targeted. what is the best move to make?
David A. Cincotta
David A. Cincotta PRO label
answered on Oct 14, 2022

Contact a criminal defense attorney immediately!

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1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: Is failure to yield to emergency vehicle is a criminal misdeameanor in oklahoma ?
David A. Cincotta
David A. Cincotta PRO label
answered on Oct 12, 2022

While traffic violations are generally treated a little differently, any violation of law in Oklahoma that carries a fine or jail time that does not meet the definition of a felony, is technically a misdemeanor. That includes all, or nearly all, traffic violations - including the one you ask about.... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: what questions should i say to keep my clinet out of jail?

i am doing a school project where i am a lawyer defending his client *he is charged with robbing a store and killing a attendent*,they were a mask and gloves, there are no witnesses to see the face of my defendent, the crime took place at 3:00 and my defenddent is told me he is guilty of the crime... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2022

I would take the time to contact a criminal defense attorney who specializes in felony cases, there are a lot of us.

The most obvious thing is you cannot let him testify at trial, particularly if he’s going to deny involvement or responsibility for the crime. Why is that? If you put him...
Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: Ok I have a question I have a child that is being lied on I have evidence of the lies being lies. Now the court is

Bringing up something over a year ago that he had done but I made him give it back to the man of the store and nothing else was said what do I do or what's going to happen they are that he is an alleged delinquent.

Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2022

Best advice is to not share specific facts on this public forum. Next I would call or consult a criminal defense attorney who handles juvenile cases to discuss your fact pattern in order to get an idea what you’re facing and what a likely outcome will be based on all of the circumstances. Best of... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Oklahoma on
Q: First offender but it's for threaten to perform a act of violence to a police officer. Can they ask to be sent to rehab?

They are a alcoholic with mental health issues. Can they be sent to rehab instead of jail. They have a serious problem and need help. Could the court order it or is it mandatory jail.

Tracy Tiernan
Tracy Tiernan
answered on Oct 4, 2022

Sounds like a situation where the offender has no prior convictions or arrests. If you want to or feel as though you need to go to rehab then by all means do it. However, most situations involving this particular crime and with no prior history are going to secure some type of probationary plea... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I had misdemeanor (s) that happened in 2014 and all the fines are paid how will I know when they can be expunged

I have a couple misdemeanors on my record and 2 felonies... But my misdemeanors are paid off and where done in 2014. How can I know they are eligible or not. And if that's so then when will approximately they be?

David A. Cincotta
David A. Cincotta PRO label
answered on Oct 3, 2022

There are two types of expungements of criminal cases in Oklahoma. If your sentencing on the misdemeanor was deferred, then you would qualify to have the case dismissed and the court records expunged upon the date to which your sentencing was deferred expiring. Some counties do this automatically... Read more »

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: In 2016, i was sentenced to a 5 year suspended sentence in oklahoma. The 5 years expired in 2021. What are my options
David A. Cincotta
David A. Cincotta PRO label
answered on Oct 3, 2022

If you are posting this question to find out what you can do have the records expunged, you will first need to apply for a pardon or wait. Assuming you conviction was for a non-violent crime, you will likely qualify to have the records expunged five years after your sentence ended (so in 2026).... Read more »

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