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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is an Aggregate bond?
Brian Boeheim
Brian Boeheim
answered on Nov 2, 2019

When there is more than one charge on a filed case, the Court may give an aggregate bond (bond for all the charges together) instead of having a separate bond amount for each count. Although it is a simpler way for the Court to manage bonds, it can cause some problems when the Defendant's... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is there a way to get the transcripts of a court case in Oklahoma

Need to verify facts i was told

Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

The transcripts of any hearing or trial are normally public record and are available to anyone who is willing to pay for them. If you go to OSCN.net and look up the case, specifically look at the hearing or trial you are interested in, and find the name of the court reporter. Call the county... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: A 16-year-old high school student is called to a principal's office in the presence of a police officer.

A 16 year is called (A) to the office in the presence of a police officer and questioned but the student says he does not want to discuss the matter until his parent is called; the police want to search the student for a vape-based on a rumor from another student (B) and (A), who has no prior... View More

Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

Great question, but the answer is a bit complex. The complexity comes in the form of an overriding issue of safety of the other students. Now, considering the accusation is only of a vaping product, they are standing on thin ice with the argument of public safety. Asking for the parent to be... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Will possession within 2000 feet of a school more likely to stick since the laws changed to misdemeanors for amounts
Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

That was always the conner with the change of the law. The police are making an effort to stick individuals with possession with intent to share or distribute, and near schools and churches. There are some interesting arguments to this though. The prosecutors always want to argue that it is... View More

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Collections for Oklahoma on
Q: I own a used car dealership. I have a truck a man never made a payment and hasn't for 3 months now tried repo larceny?

He apparently has sold it or parted it out

Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

There is a larceny by fraud charge that may apply, but it is really more of a civil issue. If the vehicle is $10,000 or less, small claims court may be an inexpensive way to get a judgement on the person and gain access to any assets they may have. Boeheim Freeman Law... 918-884-7791

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was arrested In 2010. No charges, no court appearance. Do I need to bring this up before applying to an RN Program?

Will this come up in my FBI background check?

William Jaksa
William Jaksa
answered on Oct 31, 2019

Read the application carefully, some ask for convictions while others ask for arrests. Convictions will certainly appear on the FBI employment background check, but only some arrests for the past 7 years will. Also, some type of tickets and citations will also appear. These... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: The assistant d.a will not talk to me and charge stacking to obtain a charge

They are falsifying document I have on paper no civil rights no probable cause

Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

This process is complex and simple mistakes can be very costly. I would recommend an attorney that is not afraid to challenge the DA's office. Give us a call if we can help. Boeheim Freeman Law 918-884-7791

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a suspended sentence to do upon d.o.c release, the court told me I only have 30 days to start paying my fine y/n?

I was told I have 180 days upon release to start paying fines but the court told me I only have 30 days to start paying the fines on my suspended sentence, can they do this?

Gary Kollin
Gary Kollin
answered on Oct 26, 2019

they did

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I got charged with a misdemeanor(eluding), and my charges were dropped and I was to pay court costs. Y?

Now they issued a bench warrant with a cash bond ! Y do I need to pay if

charges was dropped?

Brian Boeheim
Brian Boeheim
answered on Oct 22, 2019

If a case is dismissed by the State, they can refiles at any time until the Statute of Limitations has run. By paying the court costs it prevents them from ever refiling as it would be double jeopardy.

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: First-time petit larceny no record at all of anything
Brian Boeheim
Brian Boeheim
answered on Oct 20, 2019

I am not sure what the question is, but I will assume you are asking what punishment you may be in your case. The punishment under Title 21 O.S. 1706 is a misdemeanor with 0 to 6 months in jail and $10-$500 fine. The deal should be a Deferred Sentence probation of 6 months, or something in that... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What offenses could the people be charged with?

I have a hypothetical scenario of three people who are apart of an organization that find stolen artifacts and are tasked to retrieve those items. They had done some research and found that there were possible stolen artifacts in a museum. They informed the leader of the organization and... View More

Brian Boeheim
Brian Boeheim
answered on Oct 20, 2019

This is like a law school essay. The only possible charge might be conspiracy, but the evidence is way too thin for a conviction and even a probable cause hearing. The anonymous tip is not enough on its own without some corroborating evidence. The only way the prosecution might get there is if... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: My husband is facing assault n battery charges for a domestic but he never hit me n I never said he did

We fought over my purse n I fell to the ground I asked to drop charges n was told no he is facing 15 yrs in prison with 10 out how can I help him

Brian Boeheim
Brian Boeheim
answered on Oct 14, 2019

He needs a good attorney. The prosecutor either has video or a third party witness and is trying to strong arm him into a plea. Obviously, I don't have the discovery (evidence) to give you any more guidance, but make sure he doesn't give a statement to police and get him an attorney... View More

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1 Answer | Asked in Criminal Law and Education Law for Oklahoma on
Q: Is it illegal in oklahoma to deliberately report a false terroristic threat to a school against another child?
Brian Boeheim
Brian Boeheim
answered on Oct 12, 2019

Because it is a juvenile, the punishment is limited, and if it was just reported to the school and didn't involve police then the criminal statute below might not apply.

Title 21 O.S. 589(A)

It shall be unlawful to willfully, knowingly and without probable cause make a false...
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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can a person be ob a Grand jury if they are incompetant or is that a mistrail? If so is it. That person convicted free.

The Double Jeopardy law is in effect in okc ok.

Brian Boeheim
Brian Boeheim
answered on Oct 8, 2019

I am not entirely certain what you are asking, but let me take a shot at answering. A person may be found to lack capacity to stand trial. For this to happen a hearing must be held after a psychological evaluation to determine is the person understands the charges against him/her, and is able to... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My 13 year old daughter spent the night with her boyfriend who I have met and trust. Now ex has DHS and sheriff involve

Filed criminal charges against me for rape. How is this possible

Gary Kollin
Gary Kollin
answered on Oct 4, 2019

Thank you for sharing. No question asked

all 3 of you need lawyers and should consult with the lawyers before making any statements

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can the protected party be arrested for having someone arrested for violating a protection order where no crime existed?

Title 22 section 60.3(d) states if there is a pending FP FD case a judge in another county cannot include a minor child as part of the final order. The judge ordered the case transferred and consolidated in with thee FP case and set a review hearing for 3 months later. The petitioner never started... View More

Brian Boeheim
Brian Boeheim
answered on Sep 29, 2019

Yes, it is a criminal offense to attempt to gain advantage by false claims of a need for a protective order. The problem is finding an ADA with the courage to file it, or a police officer to even listen to the idea.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma Is it a violation of Emergency order of protection

In Oklahoma is it a violation of an Emergency Order of Protection that says I can not contact my ex wife to send my Mom to pick up my kids for my court ordered Visitation

Brian Boeheim
Brian Boeheim
answered on Sep 26, 2019

Unless the protective order specifically states an exception for communication it is a violation. Any contact is a violation otherwise. The violation is not about the kids, but instead is about the communication. There are specific parenting apps, which are normally recognized by the courts as... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: I need help on I guess filing a motion for a new trial or reconsider motion are filing an appeal for a misdemeanor petty

If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider

Brian Boeheim
Brian Boeheim
answered on Sep 22, 2019

What county was this in, or was it a municipal case?

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