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Oklahoma Federal Crimes Questions & Answers
0 Answers | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Oklahoma on
Q: Can my sister sue for damages after winning an appeal?

She was incarcerated almost three years under federal time in Oklahoma then transferred to Alabama where she was finally released after winning her appeal.

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: What does 141 dismissed/ withdrawn mean?
Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2024

I’m not sure what the number “141” signifies, but when something is “dismissed” or “withdrawn” in a criminal case, it is almost always nothing but good news for the defendant. Charges being dismissed? Very good thing! An application to revoke or accelerate your probation being... View More

1 Answer | Asked in Federal Crimes for Oklahoma on
Q: If there was a gun in the car but I was driving the car without knowledge of the gun. What can I do?

The person told the court the gun belong to them as well.

James L. Arrasmith
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answered on Mar 28, 2024

If you were driving a car without knowing a gun was inside, and someone else has admitted to the court that the gun belongs to them, your situation might still require careful navigation. The first step is to ensure you have legal representation. An attorney can advise you on the specifics of your... 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

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...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: If someone got arrested for trafficking and failure to affix a drug tax stamp and they don't have a bond or court date b

And they have a hold for the Oklahoma Bureau of Narcotics, when and where will they go to court?

James L. Arrasmith
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answered on Feb 22, 2024

If someone is arrested for trafficking and failure to affix a drug tax stamp and is currently under a hold for the Oklahoma Bureau of Narcotics, the next steps regarding court appearances depend on several factors, including the jurisdiction of the arrest and the specific details of the charges.... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Federal Crimes and Internet Law for Oklahoma on
Q: Can a case be dismissed on a typing error. Affidavit has date that hadn't even occurred yet on it as part of it

Example. On September of 2023 & January 31st 2024. And the person was arrested before January 31st. Saying a crime happened on or about those days

James L. Arrasmith
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answered on Feb 1, 2024

A case can potentially be dismissed due to a significant typographical error or inconsistency in an affidavit, particularly if it impacts the accuracy and credibility of the allegations. If the affidavit contains a date that hadn't occurred yet at the time of the alleged crime and the person... View More

1 Answer | Asked in Criminal Law, Environmental, Federal Crimes and Gov & Administrative Law for Oklahoma on
Q: I am needing to make sure of the OK laws regarding selling a inherited walrus tusk that has cribbage board on it on ebay

I have tried researching it but I'd rather be 100% that it wouldn't be illegal because I don't want to get in trouble if it is illegal.

James L. Arrasmith
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answered on Jan 13, 2024

Selling an inherited walrus tusk with a cribbage board on eBay can be legally complex, as it involves wildlife regulations. In the United States, walrus ivory is subject to the federal regulations of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). These laws prohibit... View More

1 Answer | Asked in Federal Crimes, Civil Rights and Native American Law for Oklahoma on
Q: If a case is to be heard in a district federal court, but the defendants are considered "assigned" to the district

Under certain commissions, therefore are sometimes witnesses to prosecuting cases, is that enough to file in a separate district or as an original proceeding in the tenth circuit?

James L. Arrasmith
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answered on Dec 5, 2023

In the scenario you're describing, where defendants are frequently involved in prosecuting cases in a specific district federal court, concerns about potential conflicts of interest or bias might arise. These concerns can be a valid basis to request a change of venue or to file in a different... View More

1 Answer | Asked in Federal Crimes, Domestic Violence and Native American Law for Oklahoma on
Q: What Jurisdiction is correct according to the timeline and if it is federal what do I do

The crime falls under MAJOR CRIMES ACT. I am the victim of the crime. I am native the crime occurred in Sovereign Territory by a non native. The charges were pressed in 2019 prior mcgirt. However, they just caught my abuser this year post mcgirt. The State is the one pressing charges, but why... View More

James L. Arrasmith
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answered on Nov 7, 2023

Under the Major Crimes Act, if a serious crime involving a Native American victim occurs in tribal territory, federal jurisdiction typically applies. Given the timeline you've described, if the crime occurred before the McGirt decision, the state may have initially pursued charges under their... View More

1 Answer | Asked in Federal Crimes for Oklahoma on
Q: If a person gets a doctor to falsely claim that their parent has dementia and then gets awarded power of attorney,

And then proceeds to liquidate all assets and empty all accounts for personal gain, can they be charged with a crime?

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

If the doctor claims the parent has dementia, any power of attorney signed by that parent immediately becomes suspect.

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...
View More

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 Federal Crimes for Oklahoma on
Q: Can a convicted felon, who completed probation, legally possess a crossbow or live with someone who possesses one?

What are the specifications if they are approved?

James L. Arrasmith
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answered on Mar 4, 2023

Under federal law, a convicted felon who completed probation is prohibited from possessing firearms or ammunition. However, there is no federal law that specifically addresses crossbows.

In some states, felons are also prohibited from possessing crossbows, while in others they may be...
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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Native American Law for Oklahoma on
Q: My mother was murdered June, 2021. It was ruled a suicide within minutes. A Mcgj investigation is ongoing? My rights?

My mother was killed in June 2022 and it was ruled as suicide at the scene of a place she didn’t know and had never been on a river bed. A multi county grand jury is supposedly investigating. I was 17 years old at the time this happened and no one ever informed me she died. Do I have any kind of... View More

James L. Arrasmith
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answered on Mar 16, 2023

I am sorry to hear about the loss of your mother and the circumstances surrounding her death. As a victim of a violent crime, you may have certain rights under state and federal law, including the right to be informed about the progress of any investigation or legal proceedings related to your... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Oklahoma on
Q: I wasCharged in '16 w/ felony of knowingly concealing stolen property amount of 500.00$ but it was just changed to1,000

Can I possibly be retried or have a modification to my sentence

David A. Cincotta
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answered on Dec 1, 2022

You are likely eligible for an expungement of all records of the offense (because of a change in law to make those convicted of a felony that has been reclassified as a misdemeanor eligible much sooner than others convicted of a felony). Unfortunately, you will still have to obtain a pardon first... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: what questions should i say to keep my clinet out of jail?

i am doing a school project where i am a lawyer defending his client *he is charged with robbing a store and killing a attendent*,they were a mask and gloves, there are no witnesses to see the face of my defendent, the crime took place at 3:00 and my defenddent is told me he is guilty of the crime... View More

Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2022

I would take the time to contact a criminal defense attorney who specializes in felony cases, there are a lot of us.

The most obvious thing is you cannot let him testify at trial, particularly if he’s going to deny involvement or responsibility for the crime. Why is that? If you put him...
View More

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