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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: So are they or are they not trying to cut down on overcrowding by simplifying the possession charges?
Brian Boeheim
Brian Boeheim
answered on Feb 15, 2020

That is a highly charged political question. I guess it depends on the county. What I have seen in Tulsa County is a far greater number of Possession with Intent charges. Although they are no longer sending people to prison for a small bag of anything, they are doing everything in their power to... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son got a ticket for driving while license is revolked. My son has Not had a license or permit. Getting this, the

State filed an application to revolk on a previous deffered drug charge. He has filled for CT appointed attry, 5 times and had been denied. He simply can not come in with the 2k the attorneys wants. His sentencing is next week without an attorney..!!!! How can this happen?

Brian Boeheim
Brian Boeheim
answered on Feb 12, 2020

If this is in Tulsa County or one of the surrounding counties, Call us at 918-884-7791 Boeheim Freeman Law and depending on the details, we will most likely handle it for less and we can work out a payment plan.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Yes I live in Oklahoma the legal age of consent here is 16

Yes I love in Oklahoma the legal age of consent here is 16 and I'm with a guy ten years older than me my mom approves completely but I was wanting to know could the state still press charges on my mother or boyfreind since I'm the age of consent

Brian Boeheim
Brian Boeheim
answered on Feb 11, 2020

Not as long as he is not in any form a guardian or custodian approved by your mother.

1 Answer | Asked in Criminal Law, Education Law and Gov & Administrative Law for Oklahoma on
Q: Can school administrators suspend students from school just from suspicion of drug use?

If a student is called into the principal’s office under suspicion of drug use, can they suspend them, even if there’s no evidence and no proof of possession of drugs?

Brian Boeheim
Brian Boeheim
answered on Feb 11, 2020

It would depend on the code of conduct, or the administrative rules within your school. It is not a criminal action less they intend to charge your child with public intoxication. Without some type direct evidence, I would be troubled by their conclusion, but there may be no recourse without... View More

1 Answer | Asked in Criminal Law and Divorce for Oklahoma on
Q: Boyfriend stole a the car we share in both names can i report it stolen

Tag is exspired insurence is about to end and i dont think he will make the payment.

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

If the vehicle is titled in both your names, it is hard to represent it as stolen since he has a valid claim of ownership. I don't think you have a way through police or the DA's Office to get the vehicle back. The only thing that comes to mind is small claims court. The argument is a... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Does title 22 O.S. section 234 allow DA assigned to a misdemeanor case discretion to refile as a felony?

Wonder if a prosecutor misrepresented facts responding to my complaint to the OBA. It was a 1st offense for violating a protection order. Prosecutor claims that title 22 O.S. sect 234 gives her the descretion to refile as a felony. But from what I read it only allows a felony to be amended to a... View More

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

The DA cannot file a VPO first offense as a felony unless there are other charges added. You are correct 22 O.S. 234 provides what I would call a relief valve for special circumstances where a non-violent crime, which is a felony, may be amended down to a misdemeanor in the interest of justice.... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can you be charged more in court cost than the original fine
Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

I hate to say it, but yes. There is an option for relief. You can ask the court to review your costs and fines and depending on your financial situation you can be given relief by the court. Supreme Court Justice Ginsberg made a big deal out of overly punitive court costs and fines being an... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Oklahoma on
Q: If my first DUI was on my juvenile record, will my second DUI be a felony?

One of my friends got his 3rd DUI about 2 weeks ago. He has two previous misdemeanor DUI’s on his juvenile record. He was ordered to go to victims impact classes and to attend AA after he completed a year long rehab. He hasn’t completed all of his classes and is behind on court/probation... View More

Brian Boeheim
Brian Boeheim
answered on Feb 4, 2020

Aggravated DUI is always considered a felony. It is based on a blood alcohol level of over .15. The key to to fight the breath test or the blood test. This is complex, but if done right can save you a great deal of heartache and money. If it is in or around Tulsa, give us a call and we can... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I choose to represent myself defending misdemeanor charges, can I file a motion to dismiss?

I want the charges dismissed bcuz I can prove the arresting officer did not have probable cause to pull me over

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

You can always defend yourself and file motions, as long as you are found competent and knowledgable to do so. I would advise you don't do it by yourself. There are way too many tiger traps that you can inadvertently fall into. If you need help, call us at 918-884-7791 Boeheim Freeman Law.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I get my misdemeanor charges dismissed if the arresting officer did not have reasonable suspicion to pull me over
Brian Boeheim
Brian Boeheim
answered on Feb 3, 2020

I would have to see the discovery to understand what the officer is claiming and would potentially testify to, if put on the stand. If I were your attorney, and the evidence lent itself to your claim, then I would file a motion to dismiss and request a hearing at which point the State has the... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can someone charged in a robbery case met with so called traumatized victim then contact them to drop charges?

Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life

Tracy Tiernan
Tracy Tiernan
answered on Feb 2, 2020

Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Will a vape charge be on my permanent record?
Tracy Tiernan
Tracy Tiernan
answered on Jan 29, 2020

It depends on how the case is dealt with at court. Did you have an attorney? Did you represent yourself? Typical outcomes could be an outright dismissal, a probation that’s suspended (Conviction on your record but no jail time), a deferred probation (no conviction on your record if you... View More

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Oklahoma on
Q: Were my rights violated?

I went to court unrepresented, the judge was upset with that and locked me up. I do not recall any formal reason from him other than that. I stayed in jail for two weeks just to qualify for public representation. I wasn't given forms to file for one until the district attorney was called and... View More

Tracy Tiernan
Tracy Tiernan
answered on Jan 21, 2020

most judges are reasonable and quite tolerant in terms of giving you time to secure private counsel to represent you if you bond out of jail. I suspect the judge gave you more than one chance to show up with an attorney and you were either unable to secure one you could afford or you refused to do... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What's the chances of a poss w/ Intent sticking when the amount of CDs is very small less then a gram
Brian Boeheim
Brian Boeheim
answered on Jan 16, 2020

A very small amount in a a single baggie with no money or scales should be a clear cut Possession only charge. If there are multiple baggies, no device for consumption and money or scales there is a chance they can get it past preliminary hearing. The Possession with intent statute is one of the... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I'm a witness in a aggrivsted assult n battery case and I gave statement of incident but after thinking on the night

I cant honestly say that I saw him hit the victim. Was very dark and impossible to see . Can I change my statement and not have b witness in case

Doak Willis
Doak Willis
answered on Jan 8, 2020

You can contact the officer who took your statement and relate to him/her what your now stating but the DA is the person who controls whether you will be subpoenaed to testify or not.An officer cannot tell you that you won't be a witness.

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Why was the assistant DA removed from my case & the DA over it now? Its from 2007 & revocation hearing is next month.
Doak Willis
Doak Willis
answered on Jan 8, 2020

There can be number of reasons why an assistant was taken off the case. It doesn't really matter which attorney in the DA's office is handling the revocation.

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: I recently was informed of an up upcoming court for a traffic stop that has been pending. The charges are P.I.,leavin sc

Leavin scene/damage, DUS, no ins. What can i expect when i get to court ? Would it be in my best interest to hire a lawer or use court appoint attorney ?

Tracy Tiernan
Tracy Tiernan
answered on Jan 7, 2020

Not enough information to know what exactly could occur in terms of an offer of punishment or plea bargain. You need to hire an attorney immediately. If you are indigent (can't afford a private attorney) then you can complete a pauper’s affidavit and seek a free attorney to represent you.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I'm trying to find out if my son has court today or tomorrow

They say he went to probable cause on the 2nd of January but not showing another court date is what the county jail told me. This makes his 3rd probable cause since in jail.

Tracy Tiernan
Tracy Tiernan
answered on Jan 6, 2020

You may call any of probably 1000 criminal attorneys and we can answer your question. You can also call the court clerk at the courthouse where the charges were brought.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Where do you find if you have bench warrants?

Can I find out if I have bench warrants on the courthouse website under records or is there another place to find out?

Doak Willis
Doak Willis
answered on Jan 8, 2020

Look on the web at ODCR.com or OSCN.net.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: i got possession of marijuana and minor possession of tabacco and i was just wondering what my consequences might be

This is my very first offense of any kind

Tracy Tiernan
Tracy Tiernan
answered on Jan 4, 2020

There are a lot of different variables that could affect the path your case tales. With no prior convictions you’re much more likely to have a very favorable resolution that you have had previous runnings with law-enforcement or juvenile authorities. . You need to consult a criminal defense... View More

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