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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the name is misspelled on almost every court document. Could this be a reason for a dismissal?
Timothy Carignan
Timothy Carignan
answered on Mar 26, 2024

No. A minor mistake like that is called a Scrivener’s Error. It’s blamed on the person typing up the paperwork that someone else directed. If it’s pointed out, the case won’t get dismissed; it will just get corrected.

1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can a officer arrest me for DUI of medication but put different details in affidavit? (Marijuana)

I was pulled over for speeding.The officer said he smelled marijuana.I was honest and told him I did have marijuana. He gave me a field sobriety test.I did tell him I take medication but I did not smoke marijuana that day. He told me i'm under arrest for taking the medication and driving. And... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 25, 2024

Well, if you took a blood test, that should settle the issue as to exactly what was in your system. Unfortunately, in many counties the fact that you have some overtime or controlled drug present in your system is usually enough for them to pursue this criminal charge against you. They will rarely... View More

1 Answer | Asked in Animal / Dog Law and Criminal Law for Oklahoma on
Q: If you have felony convictions and charged with felon in possession of firearm and animal cruelty. What sentence are you

Typically given if found guilty or given a plea bargain. Chances of getting a not guilty decision with so much lack of evidence is apparent. When there is no admission of guilt no physical evidence or second hand accounts.

Tracy Tiernan
Tracy Tiernan
answered on Mar 23, 2024

It’s always dangerous when you have prior felony convictions and you get arrested for a new felony offense. This is particularly true when you have more than one prior and they link up with each other and can be used under the second and subsequent offense statute to increase punishment on new... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Timothy Carignan
Timothy Carignan
answered on Mar 22, 2024

It can be either. If the amount is more than what people would consider “for personal use,” or if it’s packaged in such a way that it can be easily sold, it will be considered trafficking. Even small amounts can carry the higher charge if behavior implies that you’re planning to sell it.

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1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Oklahoma on
Q: How many times does a pro se indigent prisoner have to file a paupers affidavit in singal judicial review?

Indigent prisoner files judicial review in Oklahoma county district court challenging grievance restriction. Prisoner submits paupers affidavit when initially filing but after court responds prisoner files 9 actions including 4 motions and does not submit another new paupers affidavit with any. Is... View More

James L. Arrasmith
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answered on Mar 21, 2024

When an indigent prisoner in Oklahoma files for judicial review and includes a pauper's affidavit with the initial filing, this affidavit typically allows them to proceed in forma pauperis for the duration of that particular case. This means that the initial affidavit is generally considered... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have 2 current pending cases in separate counties and I hire a paid lawyer should he represent me for both case?
Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

If you’re asking, is he REQUIRED to represent you in the other county because you paid him for one county then the answer of course would be no (unless he agreed to that arrangement or you have a contract to that effect). If you’re asking, is it WISE to hire the same attorney for two different... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can these amounts be removed from my total amount of fines owed? In oklahoma I signed a 3yr deferred sentence in one

Then was transported over to another county to fight a charge I had over there then went 2 prison on that charge without ever bonding out. While in the second county & also when in prison the first county acknowledged I was still incarcerated but continued multiple times to issue compliance... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

I suspect there might be some misunderstanding on how some of the fees you are referring to originated. Also, the only way someone can be sent to prison is if they lose at a jury trial, lose at an application hearing where they have violated the terms of the probation, or they have otherwise... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister won her appeal. Will she still get deported for criminal charges she is not guilty of?

She is a permanent resident.

She went to trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. §... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister is a permanent resident and won her criminal case appeal, will she still get deported?

She went ti trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. § 1952(a) (3)).

She is currently in... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More

Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

James L. Arrasmith
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answered on Mar 21, 2024

In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Native American Law for Oklahoma on
Q: Cherokee citizen on travel land, Was arrested by non cross deputized officer

I Was stopped and arrested wasn’t given a reason for being stopped or a citation but was given citations for what happened after the stop by Arcoma Ok. City police officer that hasn’t been cross deputized it was $1850 to get out I paid a thousand and owe the 850. I’m a citizen of Cherokee... View More

James L. Arrasmith
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answered on Mar 21, 2024

In situations involving Native American citizens and law enforcement, the legal jurisdiction can be complex, especially on tribal lands or concerning tribal members. Generally, whether a non-cross-deputized officer has authority to arrest a Cherokee Nation citizen depends on where the incident... View More

2 Answers | Asked in Criminal Law and Native American Law for Oklahoma on
Q: I have a lot of questions about tribal law for my brothers charges and other things that concern me with his case

My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 16, 2024

Criminal charges involving a tribal member as the defendant, as I’m sure you have experienced, can remove a case from state court to a tribal venue. They will always set a bond except, in extreme cases, that would allow your brother to secure his release from custody if he were in the financial... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Should I have been allowed more time to hire another attorney when my attorney recused himself from the case in court

My attorney refused himself from the my case in court so I asked for more time to get legal representation and the judge told me no that I had to represent myself

James L. Arrasmith
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answered on Mar 12, 2024

In most cases, when an attorney withdraws from a case, the court should allow the client a reasonable amount of time to find new representation. This is to ensure that the client's right to legal counsel is protected and that they have a fair opportunity to present their case.

However,...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Should I have been given time to get me another lawyer?

My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I got picked up and charged with obtaining merchandise under false pretense and on top of that got a charge of

Obstruction went to jail got bonded out on the obtaining merchandise under false pretense 300.00 had court the next morning the only thing I was being charged with was Obstruction so I called my bondsman and explained and they said they would check into it and when they got back with me they said... View More

James L. Arrasmith
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answered on Mar 11, 2024

In this situation, it's essential to understand the specific details of your case and the bond agreement you signed with the bondsman. Generally speaking, when you pay a bondsman, you are paying a non-refundable fee (usually a percentage of the total bond amount) for their services in posting... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Oklahoma on
Q: Shouldn't I have been given time to get another attorney?

My attorney recused himself from my case at my hearing and the judge MADE me represent myself. I didn't want to represent myself. Even asked for time to get a different attorney & she said no.

James L. Arrasmith
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answered on Mar 9, 2024

Based on the details you've provided, it seems that the judge's decision to make you represent yourself without providing you time to obtain a new attorney may have been improper. In the U.S. legal system, defendants have the right to legal representation, and if an attorney withdraws... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My friend already has a court appointment attorney and has been in jail for a lengthy amount of time if I Bond her

Out now will she keep her Court appointment attorney or will they still make her hire a private attorney

Tracy Tiernan
Tracy Tiernan
answered on Mar 7, 2024

That’s an excellent question, and a quite common question as well. It depends on the judge, the district attorney, and what type of case. If it’s a small misdemeanor case, there are instances where you can keep your court appointed attorney. If it’s a more meaningful case like a felony and... View More

1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Estate Planning for Oklahoma on
Q: What can i expect when looking to hire a trust lawyer to overturn an irrivocable trust that was created after grantor

After grantor was diagnosed 3dif times with dementia also trust was signed before ranch was purchased and poa became successor trustee due to fathers incompetence sep 08 2022 before new amended irrivocable trust had been signed

James L. Arrasmith
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answered on Mar 8, 2024

When seeking to hire a trust lawyer to challenge or overturn an irrevocable trust, particularly under circumstances involving the grantor's mental capacity at the time of the trust's creation, you can expect to navigate a complex legal process. Lawyers in this field will first review all... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: I am in a similar situation except the amount of meth is 0.52 grams total package weight. At the time of the arrest the

the first officer on the scene removed everything on my person and checked my pack of cigarettes and didnt find anything. upon arrival at county the other transporting officer got our all 3 of our property not separated. and i was booked in on poss of stolen veh. it wasnt until i went to arrainment... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the situation you've described in Oklahoma, here are a few options you could potentially pursue to get the drug possession charges dismissed or evidence suppressed:

- File a motion to suppress evidence arguing an illegal search and seizure. The fact that the first officer...
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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: assaulted by a deputy and now im stuck in that jail and im scared its going to happen again What should I do
James L. Arrasmith
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answered on Feb 25, 2024

I'm very sorry to hear you were assaulted by a deputy and are now scared in the same jail. No one should have to endure violence or fear while detained. Here are some recommendations on steps to take:

1. Report the assault immediately in writing to jail authorities and request...
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