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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I file a 983 A motion? Do I need an attorney? So I don't have to pay court costs anymore.

Been paying over 9 years faithfully

T. Augustus Claus
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answered on Sep 4, 2023

The first step is to obtain the necessary forms from your local court clerk's office or website. These forms typically require you to provide detailed information about your financial situation and reasons for seeking a reduction or waiver of court costs.

You'll also need to...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son was extradited from MO to OK for a criminal case six days ago. Does OK have a set time to set up an arraignment.
T. Augustus Claus
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answered on Aug 21, 2023

In Oklahoma, the timing of scheduling an arraignment for a criminal case can vary based on court schedules and caseloads. Generally, arraignment occurs shortly after extradition, but specifics depend on factors like the court's availability and the number of cases.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is trafficking in paraphernalia

I'm charged with trafficking in illegal paraphernalia how's it trafficking when I was caught with 1 glass pipe

Charles Watts
Charles Watts
answered on Aug 23, 2023

You will need to consult with your defense attorney. They will be able the facts of the case that would not be prudent in a forum such as this.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I need a civil rights attorney in the state of Oklahoma for a district court case against a municipality.

Attorney proficient in Constitutional civil rights matters

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

An Oklahoma attorney could probably advise best, but your question remains open for a week. It's difficult for attorneys here on this site to respond with offers of their services. This forum isn't set up like an attorney referral service - it's basically brief format Q & A. If... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Oklahoma on
Q: Does Oklahoma have a law that firearms and ammo must be stored separately while at home?
T. Augustus Claus
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answered on Aug 7, 2023

Oklahoma does not have a specific law that mandates firearms and ammunition to be stored separately while at home.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If my friend already plead no contest & is in mental health court & was to go to treatment but didn't can i find a lawye

Would it be better if I got him a paid attorney

Tracy Tiernan
Tracy Tiernan
answered on Jul 19, 2023

I’m afraid we’re going to need a bit more information before we can give you any meaningful direction.

But it sounds like you have a situation where a public defender or indigent defense attorney was appointed for someone who was sitting in jail as the case was making its way through...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a “PD” who has “dropped your case”. Decide to represent you at random to persuade you sign sentencing papers

When I was a kid, barely 18 even I got into trouble and caught a felony case.. I was so young and scared of the system that when my mother bonded me out I glad-fully forgot about the incident.. Until my court date came and I was sitting in the courtroom with my mother, both of us scared to death..... View More

Tracy Tiernan
Tracy Tiernan
answered on Jul 3, 2023

Very good question! In most instances, when a defendant arrested for a crime is bonded out, it shows the court (or judge) that you likely also have the financial ability to hire and pay a private attorney to represent you. They go to great lengths to lighten the load for the public defenders... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If my attorney has dementia can she legally continue to represent me in court and during trial in a criminal case
Tracy Tiernan
Tracy Tiernan
answered on Jun 23, 2023

Great question!

If you have noticed this dementia, and if you believe it is affecting the quality of representation of your case, it would be up to you whether or not to bring this concern to that attorney or the Court (Judge).

The attorney, I imagine, might disagree with you or...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a deputy has not been released by doctor to go back to duty can my case be thrown out If he is the arresting officer.

Criminal case

Timothy Carignan
Timothy Carignan
answered on Jun 19, 2023

No. He can either be cleared enough to testify or he can be deposed by video, if necessary. It probably wouldn’t even be thrown out if he was dead.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My daughter is in custody and we had a lawyer but I fired now a PD but neither will show her the discovery. What to do

We fired the lawyer because she lied about what she can deliver , she lied about being at court, she lied about not being able to have access to the discovery. She lied about when preliminary conference and the preliminary was. We asked for the preliminary to be scheduled and she kept scheduling... View More

Tracy Tiernan
Tracy Tiernan
answered on Jun 9, 2023

You should always be suspicious of any attorney that says he drinks with the VA and currys favor with a Judge.

Can you tourney who won’t share evidence with the client he’s not doing their job. Most competent attorneys in just about any county should have your evidence within 1 to 7...
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1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can a judge put a NO CONTACT order on the accused for first offense without notifying the victim?

I went to court with my ex on the domestic dispute to actually speak on his behalf because I dropped the protection order off him and I just wanted him to get medical help with his bipolar and depression instead of jail time. Him nor I was ever told there was a SECOND no contact order on him by the... View More

David A. Cincotta
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answered on May 8, 2023

Separate from a protective order, a judge can order a defendant in a criminal case not to have contact with the alleged victim as a condition of the defendant's bond. I cannot tell if that was done here, and it is usually not something that gets ordered without the defendant being informed.... View More

1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: Is the statue for interrupting a 911 call beyond a reasonable doubt to be found guilty or other form?

Witness to testify it did not happen.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2023

Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.”

This concept involving how...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello my name is Lexie Im from Arkansas I live in Oklahoma my license is suspended in Arkansas for failure to appear

I literally forgot that date I wanted to go to prove my innocence just forgot now I'm trying to get my driver's license but it's suppended. Can't get to Arkansas cause I can't drive there. I'm so lost can you help at all.

David A. Cincotta
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answered on Apr 24, 2023

I recommend you contact an attorney located in the county/municipality in Arkansas where you failed to appear. The attorney should be able to assist you.

Your other option is to contact the court clerk to pay your fine and fees in Arkansas. If you have an Arkansas license, you will then...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is this 1 charge or 2 charges? Count 1:21 O.S. 1123(B)-SEXUAL BATTERY.
Tracy Tiernan
Tracy Tiernan
answered on Apr 22, 2023

It’s a single charge that carries up to 10 years in prison.

1 Answer | Asked in Criminal Law and Military Law for Oklahoma on
Q: Juror informed me after my conviction of "contact?" between the jury and my wife (complaining witness). Extraneous?

It was a court Martial, sexual assault was the charge. Immediately after wife's testimony, GOV called a hearing to admit evidence, jury and witness were naturally removed. Jury watched her into a room that shared a wall with theirs. She proceeded to wail, cry, and scream for approximately 30... View More

James L. Arrasmith
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answered on May 2, 2023

Based on the information provided, it may be possible to pursue a coram nobis petition as a potential avenue for relief. Coram nobis is a legal proceeding that allows a court to vacate a conviction based on newly discovered evidence that was not available at the time of the trial and could not have... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Oklahoma on
Q: My girlfriend owed $2,400 in rent plus court cost. Landlord offered her 500 to see naked. But he touched her. Paid $1000

She didn't welcome the touch. He then pushed her on the bed and tried to preform oral sex on her. She pushed him away. He then gave her a surprising $1000 instead of the $500. She was facing eviction that same day and it was dismissed. He again contacted her the next day telling her to come to... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2023

There is a fine line between “transactional sex” and prostitution. The landlord and your girlfriend may have crossed it.

I recommend that you ask your girlfriend move as soon as possible. If they did this once, they will likely do it again. You should not want her to go down that...
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1 Answer | Asked in Divorce, Family Law, Criminal Law and DUI / DWI for Oklahoma on
Q: In the state of Oklahoma, is it legal to marry an individual, while still being married to another person?

I've searched public records to see if there is any kind of divorce decree or even a filing of a petition for either marriage licenses, and i am not seeing anything of the sort. This individual was never Common Law married. I read the public filing of both marriage licensing that was filed,... View More

Charles Watts
Charles Watts
answered on Apr 10, 2023

It sounds like your case has some very unique set of circumstances. Therefore, you need to contact a family law attorney for your best course of action. Most will give a free phone consultation.

1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and Criminal Law for Oklahoma on
Q: How do I appeal a lien that was illegally put on by city of spencer claimed they cleaned up and didn't clean it up

We we're fixing up my house and the pandemic hit we were quarantined on president order no evictions and they came and tore my house down but did not clean up the property but put a 10,000$ lein on my property stating they cleaned up my property the city of Spencer they only illegally tore my... View More

James L. Arrasmith
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answered on May 2, 2023

To appeal a lien that was illegally placed on your property by the City of Spencer, you should consider taking the following steps:

Review the laws and regulations: Familiarize yourself with the laws and regulations governing property liens in your area. Look for any rules or procedures...
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1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Oklahoma on
Q: They're talking about re-arresting me when the lab results come back on the same charges I already bonded out on, legal?

I was pulled over and charged with possession. I had a tiny bag of meth and a "mixed" bag of coke and meth, at least that's what i was told it was. I was never 100% sure what it was mixed with and still don't, but If it's fentinol it'll be a little over 1 gram. I was... View More

David A. Cincotta
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answered on Apr 6, 2023

Each county handles these matters a little differently, but the best thing you can do is monitor OSCN/ODCR to see if a case ends up being filed and stay in touch with your bondsman. If charges do get filed, your bondsman can likely repost the bond and set you up with a new arraignment date (and... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does a Motion for a discovery and brief in support mean?
Tracy Tiernan
Tracy Tiernan
answered on Apr 3, 2023

A motion for “discovery” is often filed when one party, usually the defense attorney, but it can also be the government’s attorney, files a motion, asking for additional evidence that they believe might be in existence but has not been turned over to them yet. A “brief in support” of such... View More

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