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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law and Landlord - Tenant for Oklahoma on
Q: Is it illegal to enter a public storage unit that has no lock on it and the overhead door is already open halfway?

The storage facility does not have a lock on it and the gate I open 24/7 the unit has a big overhead door and it was halfway open. The lock was not on the door or present. Would it be against the law for someone to enter it and take items,?

Brian Boeheim
Brian Boeheim
answered on Jan 4, 2020

The simple answer is yes. It would be Burglary in the 2nd degree in Oklahoma. Even if they wanted to generous it would be breaking and entering and larceny.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69879

Title 21 O.S. 1435

2 Answers | Asked in Criminal Law for Oklahoma on
Q: My brother broke his probation my aunt pressed charges for knocking her teeth out she had her kids jump him he has hhd

right now he isn’t charged with anything but he’s a pending case & he’s about to be charged w salt & battery and breaking his probation but in his self defense he knocked her teeth out with his feet

Brian Boeheim
Brian Boeheim
answered on Jan 2, 2020

Without more information it is hard to give you guidance. I would have to see the ATR his probation and the police report on his new case to give you an idea exactly how much trouble he is in. If this is in Tulsa, give us a call and we'll try to help. 918-884-7791 Boeheim Freeman Law

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1 Answer | Asked in Criminal Law and Family Law for Oklahoma on
Q: Say if I had sexual relations with a half sibling who is in their 40's would it still be illegal?
Brian Boeheim
Brian Boeheim
answered on Jan 1, 2020

§21-885. Incest

Persons who, being within the degrees of consanguinity within which marriages are by the laws of the state declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be guilty of a felony punishable by imprisonment in...
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1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: What's the chances of going to prison if ive been charged with abuse of the elderly first offense
Tracy Tiernan
Tracy Tiernan
answered on Dec 31, 2019

Most attorneys that will respond to this question will, understandably, want your business first and foremost. Here’s the truth. To quantify percentages of people who go to prison on the first offense it probably sounds like somewhere around less than 1%. But when you break it down, there are... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is there a way I can still have the case continued where I dont testify in court infront of the gentleman?

He makes me really un easy just being around him

Tracy Tiernan
Tracy Tiernan
answered on Dec 31, 2019

Unfortunately you need to provide some additional information for a reliable response. Are you a defendant (doesn’t sound like it)? Or are you a victim or other witness (sounds more probable)? Cases get dismissed when witnesses fail, or refuse, to testify. They can be passed or continued at the... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I had an expungement a few yrs back and got arrested today, would the police's background check automatically show it

I was arrested and convicted of a felony 15 yrs ago. The charges were later reversed and dropped on appeal. A few yrs ago, I received a complete expungement. If I got arrested today, would the police or d.a automatically find the expunged charge, or would they have to search deeper and for a... View More

Tracy Tiernan
Tracy Tiernan
answered on Dec 23, 2019

It’s difficult to answer that question without additional information from your case. We would need to know the specific charge, the manner in which it was disposed of, whether it was a felony or misdemeanor, things like that. Some expungements go very deep and can get rid of the arrest record... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I'm trying to find the Oklahoma Statue on Split Sentencing and/or the rules governing split sentences.

A defendant received a split sentence. He was on the probation part of his split sentence, when he was released into another county's custody. He was sentenced in the other county and sent to prison. While at the other county, he attempted notified the original county that he needed to be... View More

Brian Boeheim
Brian Boeheim
answered on Dec 17, 2019

I am not sure about your question. On a split sentence, once the person is discharged from DOC on the front end they are done with that portion of the sentence. They will only have the probation on the back end to deal with. It is dealt with in the same manner as straight S/S probation.... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Oklahoma on
Q: What information do I need to obtain in order to get proof of my attorneys malpractice
Brian Boeheim
Brian Boeheim
answered on Dec 14, 2019

Not sure what you are asking? If you want to see if they have malpractice insurance, then like any type of insurance, your attorney should have a policy he/she can show you.

If ont he other hand you are speaking of a failure on the attorney's part to do their job, which caused you...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is enabling child neglect that was amended from child neglect a violent time prison felony??

My boyfriend was previously charged with child neglect and was amended to enabling neglect

Brian Boeheim
Brian Boeheim
answered on Dec 11, 2019

Yes, enabling child neglect is still a violent crime under 21 O.S. 13.1 and 21 O.S. 843.5.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Oklahoma on
Q: Can an investigator be held accountable for perjury if his affidavit of support is heavily relying on the falsehood?

The falsehood was a flat out lie that I had no business at the courthouse on day in question. That my sole intention was to be there to harass and intimidate a person who has a protective order on me. There can't honestly be a valid reason he didn't know that I was the petitioner and the... View More

Brian Boeheim
Brian Boeheim
answered on Dec 7, 2019

It wouldn't be perjury, but it could be considered prosecutorial misconduct. The reality is that there is very little that can be done about these types of misrepresentations. It would just be passed off as a "reasonable belief" based on the informations and evidence they had at... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: if I have been convicted of multiple felonies and sentenced to prison in the past can they give me a split sentence now

The charge that gave me a split sentence on was assault and battery with a dangerous

Brian Boeheim
Brian Boeheim
answered on Dec 3, 2019

They can always waive prohibition and allow you the opportunity to have probation. Split sentences are a double edged sword. It is important to understand how much time you would have to invest compared to the amount of time you would be in the crosshairs of a P.O. and the police. Is it better... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do I have to register as a violent offender if I was convicted in 1997 in the state of Oklahoma
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2019

It depends. Registration (violent registration and sex offender registration) issues are reliant upon case-specific facts and often prior versions of statute still apply to specific individuals. Therefore, there is no way to provide a simple yes or no answer to your question. There are... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: husband has already been to prison 2time in a different state for totally diff charges from where he is now can it used

can my husbands past charges be used against him again if he has already served time for what he did and if the charges are over ten yrs old

Brian Boeheim
Brian Boeheim
answered on Dec 2, 2019

It depends on what his previous charges were. Enhancement (giving him more time) can happen with certain drug charges if he was charged prior to 11/1/19. They can also be used as a basis, if the new charge involves guns. Finally, they can be used in trail or hearings if they are involving moral... View More

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: In 2003 I believe an article was published in the Oklahoma Bar Journal that dealt with brief writing

The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... View More

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2019

You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was charged with obtaining property under false pretense but I haven’t done anything of such what should I do my wife

Is on disability and I work part time so I am unable to pay for a lawyer and they put a warrant out for me the next day the charge was filed but I know I haven’t done anything like this so I’m confused and don’t really know what to do ?

Brian Boeheim
Brian Boeheim
answered on Nov 24, 2019

If you still have a warrant out outstanding, you need to take care of that. Find a bonds person who will work on payments and some attorneys will also take payment plans. Obviously, someone has accused you of getting something from them without paying for it or providing the services for it. You... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Do u have to take a deferred sentence in a misdemeanor marijuana and paraphernalia in ok
Tracy Tiernan
Tracy Tiernan
answered on Nov 23, 2019

Do you HAVE to take a deferred??? Well, no. You certainly don’t HAVE to. But let’s think about this. If you’ve been arrested for a crime by a police officer or some other law enforcement official, that individual was under the impression that you had committed a crime, violated a law (maybe... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How much will a bond be for intimidating a witness (class c felony)?

I'm in Arkansas!

Brian Boeheim
Brian Boeheim
answered on Nov 20, 2019

It depends on the county and the severity of the intimidation.

1 Answer | Asked in Consumer Law and Criminal Law for Oklahoma on
Q: Police should be required to facilitate returning a stolen vehicle when recovered at no cost to owner. What can we do?

When a stolen vehicle is recovered police often call a towing service right away without even trying to contact the owner. Owner has to pay horrendous charges to get their vehicle back. It feels like extortion. No other theft is treated like this. If a citizen finds someones wallet, aren't... View More

Brian Boeheim
Brian Boeheim
answered on Nov 19, 2019

I know this doesn't answer your question, but if they find the person who stole your vehicle and charge them, you can demand restitution for all damage to the vehicle and I believe towing and storage services. Upon conviction the person would be required to pay you or face incarceration.

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: What should i do if the local PD is protecting a guy who has done bad things to me that i can prove?

This guy has broke into my truck and shed and robbed me of tools. Stole a scooter and tow cable at a different time and admitted on text. Caught him on camera and the officer knows who it is. I showed the video to peope and everyone knows who it is but the police never even investigated... View More

Brian Boeheim
Brian Boeheim
answered on Nov 12, 2019

Obviously, we would like to have the police take this more seriously and to investigate more thoroughly, but that doesn't seem to be happening. One possibility is to go to the county sheriff instead of the city PD. Another possibility is to file a civil suit for damages and file a protective... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: A parent is requested by Student.

When a student requests a parent be present before answering any questions does this effectively create a 5th Amendment protection from further questioning until the parent arrives? Schools usually respond it is their policy to question irrespective of the request, however, it would seem they are... View More

Brian Boeheim
Brian Boeheim
answered on Nov 2, 2019

By you placing your child into school you are making the the temporary guardians. This is arguable, but the best thing to do is tell your child to not speak and just keep telling the principle or teacher that they want there parent present. If a police officer shoes up, then ask for an attorney,... View More

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