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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: My car was impounded. The police have a hold , the tow yard States the car is there under title 47 sec 901. Can I get

Car is financed

David A. Cincotta
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answered on Apr 20, 2020

The reason the car was impounded could impact the steps you take next. The police could have a hold on it for a variety of reasons (suspicion of it being stolen, need to process it as evidence, considering filing a forfeiture action against it, etc.). If the vehicle was impounded and you were... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Is it legal to charge me a doc supervision fee and a da supervision fee in Oklahoma

Im on a suspended sentence in Oklahoma. 2 years supervision through department of corrections. So I pay 40$ a month to them but then the courts are also making me pay a da supervision fee under 991 fees. Doesn't sound legal to have to pay two enteties for the same thing according to what I... View More

Brian Boeheim
Brian Boeheim
answered on Apr 15, 2020

I am sorry to say that it is legal. Literally under the 991 statute. It is a way for the DA's office to recover costs related to your prosecution. I agree, it is overly burdensome, and we have actually argued during Rule 8 hearings that the fines and costs are excessive. Supreme Court... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I received a five-year suspended sentence on possession with intent.

I've been on supervised DOC probation for 4 years and 3 months. I quit reporting to my probation officer about 6 months ago. There is not a warrant for my arrest. And I paid all my fines and restitution off this month. So I'm wondering, do they have to let me off probation since my fines... View More

Brian Boeheim
Brian Boeheim
answered on Apr 7, 2020

Was this DA or DOC supervision? Did you have a probation officer? If so, then it was DOC. Usually, on cases like yours, they only have supervised probation for the first two years, and if there are no violations, many times the rest of the probation is unsupervised. If you have all of it paid... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I'm being charged with 2 counts of manslaughter. What can I expect from my prosecution?

They are charging me with an dui with BOC. Of .o8. I haven't drank in 7 years so that's impossible.

Tracy Tiernan
Tracy Tiernan
answered on Apr 5, 2020

You need to contact a seasoned criminal defense trial attorney as soon as possible. This is likely first-degree manslaughter (which carries a minimum of four years and up to life in prison). There are lots of factors that you have not included (wisely) in this question. They will ask for prison... View More

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: I had felony charges and completed my differed sentence and the court dismissed my charges does that mean Im not felon

Does that mean I'm not a felon?

Tracy Tiernan
Tracy Tiernan
answered on Apr 3, 2020

Yes. That’ll be $50 (just kidding! Congratulations! Great job!)

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1 Answer | Asked in Criminal Law and Sexual Harassment for Oklahoma on
Q: How would I get a mug shot for an older case
David A. Cincotta
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answered on Apr 10, 2020

Contact the entity that would have taken the mug shot and find out if they still have it. If the entity still has it, ask that entity how you go about requesting a copy. Oklahoma law enforcement entities (state and local) will provide it to you (if they still have it) pursuant to the Oklahoma... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Attorney on case in Oklahoma County died

The attorneys name was Bob Moore who passed away was just wondering what is going to happen at my next court date

David A. Cincotta
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answered on Apr 1, 2020

You can either begin now in finding a new attorney on your own or contact the Oklahoma Bar Association. Often times (I don't know about this one), the Bar Association can identify a group of attorneys who are assisting in helping clients of attorneys who suddenly can no longer practice law. I... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In November they changed the law on how much meth 1 had 2 b n possession of 4 it 2 b a felony. Is that retroactive

My sister was arrested by the white horse police at Newcastle casino in October she was in possession of 20 grams of meth and was charged with felony trafficking does the change in law affect her case

David A. Cincotta
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answered on Apr 1, 2020

In Oklahoma, the difference between simple possession of drugs and the trafficking of drugs is the weight of the drugs. Trafficking of meth is the possession of 20 grams or more of meth. Between simple possession and trafficking is possession with intent to distribute. Possession with intent to... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Maximum punishment for a grand larceny with afcf?
David A. Cincotta
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answered on Mar 30, 2020

Assuming the value of what has been alleged to have been stolen exceeds $1000, then the range of punishment for a Grand Larceny AFCF (with one prior or with two or more priors with none of them being a felony enumerated in Title 57, Section 571) is 0 to 10 years. Grand Larceny AFCF (with two... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the maxium punishment for Grand larceny with Afcf? What if the individual has 17 years of probation also?
Tracy Tiernan
Tracy Tiernan
answered on Mar 28, 2020

There’s not enough information to answer your question with specificity. Grand larceny has different grades of punishment based upon the value of the items stolen. With the prior felony conviction it could be a dramatic difference in the ranges of punishment. If you’re already on a long... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I have my firearm confiscated under a off of "intoxicated while in possession of a firearm" am I able to get it back?
Tracy Tiernan
Tracy Tiernan
answered on Mar 21, 2020

You need to retain an attorney immediately to protect your rights and property. An attorney will look at the evidence, scrutinize the encounter with law-enforcement, see if there’s anyway to beat the charge. If not, depending upon your prior history, attorneys can typically help you preserve your... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: can Dhs order my girlfriend to obtain a protective order because of a police report?

No physical violence took place and I was not detained I have felonies involving a domestic case from 2017

Brian Boeheim
Brian Boeheim
answered on Mar 11, 2020

They cannot force, but they can sure threaten. Their argument is if she doesn't follow through, then she is endangering the children, and they can potentially take the kids away and for a deprivation hearing. If they are successful, they can put her on a plan, which most likely will involve... View More

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Oklahoma on
Q: Can a judge court order a couple not to see each other when they are engaged.

She is on drug court and im a convicted felon

Pete David Louden
Pete David Louden
answered on Mar 5, 2020

Yes.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is possession of cds the only felony that was made a misdeamenor retroactive in Oklahoma?

Wondering if the other one's like Concealing stolen property or burglary 2 retroactive also as of Nov 1st 2019

David A. Cincotta
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answered on Mar 19, 2020

There is a misconception that the Possession of CDS law was made retroactive. Instead of doing that, the Legislature enacted a law providing relief to individuals currently serving a sentence for a crime that occurred before the crime became a misdemeanor. The law made them eligible for... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My sons and another female were involved in a crime. The witness stated my two sons robbed him and female assaulted him.

The female while victim was on ground had foot on victim's neck and hit victim with a bat but was never charged questioned or asked to be identified by victim. This was presented in court but my sons went to prison.my sons have to pay restitution but the female involved has gotten no... View More

Brian Boeheim
Brian Boeheim
answered on Mar 4, 2020

I am sorry to say there is no recourse. You have no standing to make any kind of claim. The DA has prosecutorial discretion when it comes to criminal filings. Sorry...

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it possible in the state of Oklahoma to get a deferred sentence ended early?

I was given a 5 year deferred sentence for embezzlement charges in 2016. I’ve paid all fines and have been on unsupervised probation since 12/2017 after only 13 months of probation. Is it possible to petition to end the deferred sentence early so the charge is off my record? I understand the... View More

Brian Boeheim
Brian Boeheim
answered on Mar 3, 2020

Yes, but the DA and the Judge have to agree.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Who is responsible to change from felonie to misdeamenor when new law makes retroactive?

I caught a poss of cds on 02/19/2015. Have not been convicted to this day. Was put on a deferment.But everyone else's poss of cds is now misdeamenors on oscn.net and odcr.com. Mine still says felony and never been convicted. And I thought that was not suppose to be made public info. It is... View More

Brian Boeheim
Brian Boeheim
answered on Feb 20, 2020

The first question I would have is whether you paid all of your fines and probation fees? If you had, then it should have been dismissed and expunged from OSCN, when you showed up for court on your Deferred review date. On the other hand, if it was dismissed and expunged, that is only on OSCN.... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: if detectives, law enforcement have to take oath of office then how does the legal system allow them to lie?

ive just been about criminal cases online and a few say the law allows law enforcement to lie

Brian Boeheim
Brian Boeheim
answered on Feb 18, 2020

The oath is not about truthfulness, but instead to fulfill their duties as law enforcement and to protect the public. The courts have decided that lying is a part of their job. Yes, upside down logic. Do as I say, not as I do.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My girl got stoped with my digitalbscale in her car she is in drug court what can i do to fix this because its my fault

The detective gave her a week to do a controlled buy or she gets charged

Brian Boeheim
Brian Boeheim
answered on Feb 17, 2020

It is not illegal to have a digital scale, even if you are in drug court. Having her do a controlled buy is out of line in my opinion for what at best is a misdemeanor, and most likely not a crime at all. The caveat is if the scales had residue that presumptively tested positive. Still, I would... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I want to file Adultery charges on my wife. That Told me she was leaving me on our anniversary then two days later

Later on Friday she said she was moving out on Monday and I said way wait. So she and our youngest son moved in with another man

Brian Boeheim
Brian Boeheim
answered on Feb 16, 2020

Adultery is a crime in Oklahoma, 21 OK Stat § 21-871. It is a felony, but the reality is you will have a hard time finding a DA who will actually file those charges. In my opinion, your better course of action is to file for divorce and then fight for custody, especially since the courts tend to... View More

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