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Can I even drop the charges? It was a Domestic but police are really exaggerating the case big time. Im afraid he is going to get a sentence he doesn't deserve over an isolated incident. Thank You
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answered on Jul 17, 2020
Generally speaking, the DA will evaluate the case and determine if there is sufficient evidence to proceed with charges and determine what charges to file based on the facts. The DA can pursue charges even if it is against your wishes. This is especially true, and it frequently occurs, in cases... View More 
answered on Jul 15, 2020
As long as you do not have a violent offense or gun charges, it is possible to get help. Several programs will take people. The key is convincing the DA. The other possibility is community sentencing has a new program which is even taking some violent offenders.
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answered on Jul 7, 2020
You should hire an attorney as soon as possible. Most judges do not like defendants to show up without an attorney, especially twice. Each judge has his or her own tolerance. If you believe you cannot afford an attorney, you need to demonstrate to the court everything you have done to try to hire... View More
answered on Jul 2, 2020
I am not sure how to answer your question. In Oklahoma, There is no version of child abuse that is charged as a Misdemeanor. There is a statuary provision that allows the DA to reduce any felony down to a misdemeanor, but that statute does not apply to charges that are considered violent crimes... View More
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answered on Jul 17, 2020
Unfortunately no. There was an order from the Oklahoma Supreme Court extending all deadlines that occurred between the middle of March to the middle of May, as a result of COVID-19. Because you indicate that your deadline was in February, I do not believe there is anything that would extend that... View More
Does it have to be done through an attorney or by the individual person? How would I notify the Prosecuting DA?
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answered on Jul 1, 2020
Judicial review must generally be requested and ruled upon within the first 12 months of the date of sentencing without the approval of the District Attorney and within 60 months with the approval of the District Attorney. The exceptions that apply to the general rule above do not appear to apply... View More
My brother was charged with drug trafficking and we just wanted to know what the sentence precent was for drug trafficking under 200 grams
answered on Jul 1, 2020
DOC calculates the numbers as they see fit, but in statutorily it should be 50% for Trafficking with parole available after 30% of the sentence, and 85% for Aggravated Trafficking.
If someone gets busted and u get on the state witness
answered on Jun 30, 2020
Not sure what you are asking? Anyone can be listed as a witness by the State. That doesn't mean they will actually testify. If you are referencing someone who was arrested and decides to provide testimony against his/her co-defendants, then that is usually dependent on who talks first and... View More
Eyewitness endorsed for the state of Oklahoma what does that mean
answered on Jun 30, 2020
The State can add anyone to their witness list. Being on the witness list does not necessarily mean they will testify. All to often people after being arrested will attempt to trade information and testimony for their freedom.
I financed a car through a car lot. I was one week and 3days late then got threatening text messages from the financier saying they were going to call the authorities if they did not receive a payment I paid them half on Friday (the day of the call) and they agreed to receive the other half Monday... View More
answered on Jun 29, 2020
I would have to see your contract, but it appears as if they did not follow the Fair Debt Collection Practices Act. They cannot threaten criminal charges, or negotiate in my opinion negotiate for further payment only to repossess. You need an attorney to look at the contract and then potentially... View More
I was convicted of a felony Assault & Battery charge in 1995 in Ford County KS. I now live in Oklahoma. Can I legally own any kind of firearm?
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answered on Jun 29, 2020
I am going to assume by "own" you want to actually possess a firearm - whether in your home, your car, or on your person. With that, the answer is "No." You should contact an attorney in Kansas to see about obtaining a pardon in Kansas or if there are any other ways... View More
Details are as needed cause It is hard to describe everything is this little area.
answered on Jun 27, 2020
One of your most important rights is the right to remain silent. This means do not talk about your case with anyone other than your attorney and stop posting details of your case on the internet!
Delete your question and hire a criminal defense attorney right now!
drugs were eventually found in backseat. Two people were in the back seat... I had no knowledge of the contraband but have been charged with agg trafficking... what can I do?
answered on Jun 24, 2020
Hire an attorney who handles Drug Trafficking cases and understands the 4th amendment search and seizure issues. Don't talk with police or investigators. These are complex arguments and and laws. If you have more questions feel free to give me a call.
answered on Jun 17, 2020
If you pled to a case and part of the agreement was for you to complete community service hours, and you fail to complete them in the time allotted, the State could file an Application to Accelerate (if you are on a deferred) or an Application to Revise (if you are on a suspended). In either case,... View More
He refused to give me my mail so I had a cop go to his house to get it for me. My mail had been opened and he lied and told the cop his teenage son opened it. I have texts from his son stating he didn’t open it and he wasn’t even aware that I had gotten mail there
answered on Jun 17, 2020
Taking and opening someone else mail is a Federal Offense. Call the United States Postal Service and ask to speak with an investigator on an issue of mail tampering.
Is it normal for a 12 month probation sentence, on a suspended sentence to be revoked immediately upon failed drug test without thier attorney present? Also is it normal for the above to happen on a 7 yr sentence + 1 yr probation odoc . for burg II at 18 yrs old with no prior history what so ever... View More
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answered on Jun 11, 2020
I would say that normally that is not the result of one failed drug test. Was her probation revoked or was it parole that was revoked? The difference is significant when it comes to the level of authority the officer has assigned to supervise the individual.
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answered on Jun 9, 2020
Yes to both questions. On the expungement question, assuming the person was convicted of it, then the person must wait ten years following the completion of the sentence before being eligible. Also, the person can have no more than two felony convictions. There are a few other specific factors... View More
If I’m driving and come across a group of protesters who then decide to start trying to bust out my car windows and pull me or a family member from the car. Can I then use lethal force to defend my property and self and family?
answered on Jun 1, 2020
As a general rule you cannot use deadly force unless you are in fear of imminent harm to your safety or the safety of one of your family members typically. If you have an opportunity to flee or avoid the dangerous situation, you are required to do so as long as you can do it safely. You can’t... View More
It was purchased in Kansas but I was arrested in Oklahoma. An investigation was on in Wichita but charges were dropped against me because the one who reported it stolen said she knows who I bought it from and he has a history of being a thief. I was never able to get the title from him because he... View More
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answered on Jun 1, 2020
You need to hire a criminal defense attorney immediately! It may be that the facts as you stated will demonstrate you are not guilty of knowingly being in possession of a stolen vehicle, but you need an attorney to represent you and ensure your rights are protected in that process.
Marijuana shops around Oklahoma City have recently begin waving defiled American flags The colors have been changed to green and white and they are covered with marijuana leaves. Is this against the law in Oklahoma and if so what are the possible penalties?
When I read Oklahoma Statutes,... View More
answered on Jun 2, 2020
I agree it is in poor taste. However, the First Amendment protect creation of such item.
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