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Oklahoma Federal Crimes Questions & Answers
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...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Oklahoma on
Q: First offender but it's for threaten to perform a act of violence to a police officer. Can they ask to be sent to rehab?

They are a alcoholic with mental health issues. Can they be sent to rehab instead of jail. They have a serious problem and need help. Could the court order it or is it mandatory jail.

Tracy Tiernan
Tracy Tiernan
answered on Oct 4, 2022

Sounds like a situation where the offender has no prior convictions or arrests. If you want to or feel as though you need to go to rehab then by all means do it. However, most situations involving this particular crime and with no prior history are going to secure some type of probationary plea... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: It was not a city cop. It was light horse that came out. But they were looking for a gun and found drugs in a box that

The box was not big enough to hold a gun.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2022

In your factual statement you didn’t recite whether they had a warrant or not. There are lots of factors that go into suppressing an illegal search and seizure. You need to immediately contact and or retain a criminal defense attorney who can go over the facts carefully and make a decision on... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: If the car was on when stolen does that make it “ok” for a criminal to steal it? Or can the criminal be held accountable

I’m a delivery driver and we leave our cars on when we’re busy. My car was stolen while I was inside. Yes the guy was caught but when I mentioned suing the parents to a friend. (The kid is 13). He told me that I could lose because it is my fault for leaving my car running. Although, yes I could... View More

Charles Watts
Charles Watts
answered on Sep 14, 2021

You should consult with an attorney to go through the specifics in more detail. There are other avenues other than larceny of a vehicle such as unauthorized use of a vehicle or even trespass. All issues have potential areas that have defenses, but you need an attorney to guide you through the... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Small Claims for Oklahoma on
Q: So during covid and everyone one was supposed to stay in their home two weeks lockdown I was kicked out of mine for two

For two months I was kicked out by the judge when my roommate filed protection order which I later proved it all to be wrong and falsified to wear to judge turn around and put one on the roommate I had no clothes except for what was on my back that I was allowed to get nothing and at that time you... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Aug 9, 2021

Wow, you really are going to need a good lawyer.

1 Answer | Asked in Criminal Law, Constitutional Law, Election Law and Federal Crimes for Oklahoma on
Q: When the United States Supreme court says there no standing to take up a case what are they saying.
Jessica Brown
Jessica Brown
answered on Apr 13, 2021

Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf.... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: Can the feds take custody and move an individual from county jail if they have not been sentenced?

My uncle was picked up on a trafficking charge and made a plea agreement with the prosecutor but no papers have been signed and he has not been sentenced but the feds picked him up from county jail and moved him.

David A. Cincotta
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answered on Nov 6, 2020

Yes. If the federal government intends to prosecute him, they can move him to where the US Marshal Service houses federal detainees. Then, the State generally needs to wait until the feds are finished before getting him back to finish his state case, but that is not always the case.

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: if my daughter is 18 and she’s dating a 13 year old and nothing sexual is happening, would she get in trouble, how much?

they’ve been dating since she was 17 and she just turned 18 not even a month ago.

Brian Boeheim
Brian Boeheim
answered on Oct 2, 2020

Generally speaking anytime there is an adult and the minor under the age of 16 years, you have considerable risk, in that the minor cannot give consent to anything. Also, Lewd Molestation, child pornography, etc. are charges that could be alleged for as little as selfies in bathing suits, or... View More

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: If someone us currently fighting a possession of marijuana with intent and child neglect charge what do they do

This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license

David A. Cincotta
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answered on Aug 5, 2020

The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: When the Feds issue a warrant for a Felony arrest do they post it online in Oklahoma like most counties do?

My felony warrant was recalled. Prosecution filed a motion to recall pursuant McGirt v. Oklahoma. Since the Feds will be flooded with back cases as well as current cases, my guess is the most violent ones will take priority and not refile on all the rest. But if they somehow do decide to prosecute... View More

David A. Cincotta
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answered on Aug 4, 2020

Generally speaking, no. A federal warrant issued pursuant to a grand jury indictment, information, or complaint is usually filed under seal until the arrest has been made. The federal government uses the PACER system for court records, which is available to the public, but you must have an account... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: I have a few felonies I discharged from years ago in Tulsa. Being Creek Indian can I get those thrown out now?

The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... View More

David A. Cincotta
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answered on Aug 4, 2020

Yes, that might be possible; however, it is only certain felony crimes that the federal government has exclusive jurisdiction (thus depriving the State of Oklahoma of jurisdiction). For all other felonies committed on Indian Country committed by or against Native Americans, the State of Oklahoma... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Landlord - Tenant and Small Claims for Oklahoma on
Q: What can I do about a previous landlord opening my mail?

He refused to give me my mail so I had a cop go to his house to get it for me. My mail had been opened and he lied and told the cop his teenage son opened it. I have texts from his son stating he didn’t open it and he wasn’t even aware that I had gotten mail there

Brian Boeheim
Brian Boeheim
answered on Jun 17, 2020

Taking and opening someone else mail is a Federal Offense. Call the United States Postal Service and ask to speak with an investigator on an issue of mail tampering.

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: Well incarcerated my house is broken should I have been asked if I wanted to press charges or not

I was arrested while I was arrested my house was broken into should I have been asked if I wanted to press charges or not

Brian Boeheim
Brian Boeheim
answered on May 3, 2020

The idea of "pressing charges" isn't really the way it works. The DA is the only one who can file charges (press charges). They have complete discretion. The police and the DA may ask you if you want to testify (come to court), but that is really as far as it goes. Now if they... View More

1 Answer | Asked in Family Law, Civil Rights, Federal Crimes and Juvenile Law for Oklahoma on
Q: I’m 17 and pregnant, am I legally an adult? Can I legally move out or get in trouble with law for “running away”?
Pete David Louden
Pete David Louden
answered on Apr 24, 2020

Are you legally and adult? No. You are an adult when you are 18.

1 Answer | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Oklahoma on
Q: If my first DUI was on my juvenile record, will my second DUI be a felony?

One of my friends got his 3rd DUI about 2 weeks ago. He has two previous misdemeanor DUI’s on his juvenile record. He was ordered to go to victims impact classes and to attend AA after he completed a year long rehab. He hasn’t completed all of his classes and is behind on court/probation... View More

Brian Boeheim
Brian Boeheim
answered on Feb 4, 2020

Aggravated DUI is always considered a felony. It is based on a blood alcohol level of over .15. The key to to fight the breath test or the blood test. This is complex, but if done right can save you a great deal of heartache and money. If it is in or around Tulsa, give us a call and we can... View More

0 Answers | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: How do I drop charges?

My ex boyfriend called me late one night and told me he was going to kill himself, I didn’t realize he didn’t mean he was going to kill me, the court paperwork says he comes to my home with intent to kill me with a gun, which was not true at all. They arrested him 30 mins always from my house... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Oklahoma on
Q: Is there a website where you can search federal cases and see the details like you can state cases for free?

I want to find the details from my fiance's federal case, for example his official charges and sentence terms. Is this public record? For state cases I use odcr.com and find any public record on file with details. But I can't find this kind of information on the federal level?

Gary Kollin
Gary Kollin
answered on Jul 2, 2019

Scholar.google.com

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Oklahoma on
Q: When a federal law appears to contradict a SCOTUS majority opinion, but is not directly addressed; which preempts?
Melissa  Webb
Melissa Webb
answered on Jun 17, 2019

It depends on when the federal law was enacted, before or after the opinion, and whether or not the opinion addresses the statute and declares it unconstitutional or otherwise invalidates it.

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