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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: I accepted a suspended sentence for a misd. I was ordered to OCS supervision the DA said I would pay supervision fees

(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?

David A. Cincotta
David A. Cincotta
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... Read more »

1 Answer | Asked in Criminal Law, Education Law and Municipal Law for Oklahoma on
Q: How much would the bong be if the charge was 21 o.s. 649(B) She was charged that for biting a police officer
David A. Cincotta
David A. Cincotta
answered on Apr 28, 2022

This will depend on where the charge is filed, her criminal history, and possibly other factors.

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Non-Violent Felony changed to Violent felony. Am I still Non-Violent?

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... Read more »

David A. Cincotta
David A. Cincotta
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;... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can you get your firearm rights back after completing a deferred adjudication for domestic violence?

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?

Tracy Tiernan
Tracy Tiernan
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... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: I call this kidnapping by fraud, but how does a man ad himself to his wards birth certificate while mom is incarcerated?

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... Read more »

Charles Watts
Charles Watts
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.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If someone got obstruction of an officer and is on parole what would their bail be

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?

Tracy Tiernan
Tracy Tiernan
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.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My daughters boyfriend had brass knuckles in his car, delivering pizza to Ft Sill mps found. court is 4/13 jail?

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

Tracy Tiernan
Tracy Tiernan
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.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Oklahoma on
Q: I was bonded out jail for public intoxication and charged with different charge of APC two month later? Why?

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... Read more »

Tracy Tiernan
Tracy Tiernan
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... Read more »

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1 Answer | Asked in Criminal Law and Probate for Oklahoma on
Q: Can u get a bond with two revocations on a fifteen year sentence
Tracy Tiernan
Tracy Tiernan
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... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What Does " Issuing Subpoena - DL - BCSO" Mean,, In Oklahoma
Tracy Tiernan
Tracy Tiernan
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... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: What’s it mean when an order & judgement of forfeiture is filed?

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

Tracy Tiernan
Tracy Tiernan
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... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is a misdemeanor review?

It's for a friend.

Tracy Tiernan
Tracy Tiernan
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.... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: A driver passed me illegally into the on coming lane and threw an object at my car while i was driving. What is the law?
Charles Watts
Charles Watts
answered on Mar 2, 2022

Based solely on the specifics that you presented - it isn’t legal.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What's the law on giving a different name when getting pulled over by the cops how much time should I expect to get ?
Tracy Tiernan
Tracy Tiernan
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... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Oklahoma on
Q: Would i be qualified for the dignity act bill if it passed? i have a misdemeanor of illegal possession of vapor product

i was 15 when i got the charge and i am now 18. the requirement says, “They must comply with all federal and state laws, pass a criminal background check” would i fail the criminal background check or does that only apply to felonies?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Feb 17, 2022

If you have a personal criminal record it will show during any state or federal criminal background check. Look into a possibility of expunging it under the state law if legally applicable with a local licensed attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: 21 OK Stat 21-1283 does this statute apply if adjudicated as a minor?

my friend was pulled over an informed that she had a warrants for both trafficking illegal drugs and also this said charge (stat. listed above) but has not had any misdemeanor or felony charges as an adult. can this firearm charge still be used and applied if her time they are saying she was... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Feb 8, 2022

Regrettably, yes it can be used as the predicate. If you read the statute carefully, in the first sentence, it uses the language:

“D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: can you go before judge if your fines are paid and ask for an early deferment ?
Tracy Tiernan
Tracy Tiernan
answered on Jan 22, 2022

In many instances a Judge WILL entertain an application or motion for early termination of a deferred probation provided all probationary obligations have been satisfactorily completed and fines, costs, assessments and probation fees are paid in full. You simply have your attorney file the motion... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son is currently incarcerated in Norman Oklahoma jail. Who do I contact about him being released to drug rehab.
Tracy Tiernan
Tracy Tiernan
answered on Jan 3, 2022

If you haven’t hired a private attorney for him then the Court will likely have inquired as to his financial situation. If he qualifies as indigent, or unable to pay for a private attorney, they would have appointed a public defender. That’s who you need to contact. His attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What do I do if I was charged with an illegal substance that I didn't have on my possession?
Tracy Tiernan
Tracy Tiernan
answered on Jan 3, 2022

Criminal “Possession” of something is not always as straightforward as one might think. When you are looking at Possession of a controlled dangerous substance (CDS), or drug possession, it is not always the obvious situation where you are caught with the drug in your hand or pocket. It might be... Read more »

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Oklahoma on
Q: What can I do if a judge threatens to jail me for not hiring counsel? Denying me the right to a public defender.

I'm homeless with no job. Been trying hard to find a job.

Tracy Tiernan
Tracy Tiernan
answered on Dec 24, 2021

This is an incredibly common phenomenon in the criminal court system in Oklahoma and elsewhere. You bonded out …..somehow. It may not have come out of your pocket but it came out of someone’s pocket …your family, or a friend, or an acquaintance that was trying to help you. Now the judge is... Read more »

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