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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Traffic Tickets, Car Accidents and Criminal Law for Oklahoma on
Q: My son fell asleep at the wheel, causing property damage, and is being charged with a misdemeanor. How serious is this?

To our knowledge, the property owners are not pressing charges. However, the District Attorney is charging him with a misdemeanor for this accident. He was not under the influence of anything. He was returning home from football practice. He's a good kid. No history of drugs or alcohol. Good... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 21, 2022

If the District Attorney is prosecuting this, then you need to hire an attorney to represent your son's interests and help mitigate this matter----depending on the age of your son, it may be possible to get all of this transferred to juvenile court jurisdiction which might keep all of this off... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I received a supeona to testify against my husband in a domestic case. Do I have to do it? I'm not wanting to.
David A. Cincotta
David A. Cincotta
answered on Sep 19, 2022

If you are not wanting to testify, I would recommend that you first talk to your husband's attorney. Failing to comply with a subpoena can have consequences, so don't just ignore it. You can always contact the prosecutor directly as well, but talking to your husband's attorney first... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a charger uttering a forge instrument from 1994 the case was administratively dismiss can I still purchase a gun
Tracy Tiernan
Tracy Tiernan
answered on Sep 8, 2022

You stated you have a “charge” that was administratively dismissed. As long as you were never CONVICTED of a felony and don’t have any felony convictions you should be fine. It would be wise to consult a criminal defense attorney, however, to discuss the subtleties and specific facts of your... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Is there any types of appeals for someone that’s been in prison for 5+ years?

No previous charges, they got 15yrs for a child neglect charge. First and only offense.

David A. Cincotta
David A. Cincotta
answered on Sep 4, 2022

An appeal of the conviction is out-of-time. Under very limited circumstances, a conviction can be vacated through the Post-Conviction process. Another consideration would be applying for a sentence commutation.

I would encourage you to contact an attorney to review the person's...
Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Oklahoma on
Q: Should a civil suit against the county the criminal offences were committed in be filed after the criminal case I'd ove

IF someone is shot fleeing the police and never fired a round can the cops say he fired at the cops to justify shooting him?

David A. Cincotta
David A. Cincotta
answered on Sep 2, 2022

You ask two questions here. The first question regards when a civil suit should be filed (if a criminal case is pending). The answer to that question is you should not wait to talk to a civil attorney about proceeding with a civil suit until the criminal case is closed. There are too many pitfalls... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My fiance' was sentenced to a DOC program in prison.DOC says he dont meet the guidelines for it.So hes just sitting ther

For the past 3 months he's been sitting in a holding cell.Loc ⁸% With no new program offered. And this time spent is not counting for anything. Is this legal.? So how do we go about submitting a MODIFICATION PETITION to the warden for a different program. They saying he wont be released until 2025.

David A. Cincotta
David A. Cincotta
answered on Aug 29, 2022

I assume here that the sentence was for a set number of years in DOC custody, but the balance is to be suspended upon him successfully completing a certain (type of) program.

I highly encourage you to contact the attorney who represented him at the time of his sentencing. It is possible...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does it mean if a person gets a first offense charge for Grand Larceny in Oklahoma?

What to expect if a family member is charged with a fist offense of grand larceny in oklahome

Tracy Tiernan
Tracy Tiernan
answered on Aug 23, 2022

Grand larceny under Oklahoma statutory law is a felony offense. It is generally defined as the theft of property or goods whose value is $1000 or more. In terms of felony offenses it’s a property crime which is generally viewed as something not quite as serious as many other felonies such as... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Oklahoma on
Q: If a man goes to jail whom is now an adult can his juvenile records be brought up and used against him in court?
Tracy Tiernan
Tracy Tiernan
answered on Aug 13, 2022

The Short answer is yes, there are circumstances where a previous juvenile conviction can be utilized in District Court when someone becomes an adult (gun possession charge after have been adjudicated a delinquent). There are also circumstances where you might have the State/ City/ Federal... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My boyfriend is in Oklahoma County Jail he been in there for a month with a high bond, should I do affidavit

And file for an motion at the county clerk and also a bond reduction form

Tracy Tiernan
Tracy Tiernan
answered on Aug 11, 2022

They is clearly not enough factual background to your question to give you any meaningful guidance. However, it sounds like you might be the victim of a domestic abuse arrest for your boyfriend. If you’re talking about doing an affidavit, it sounds like you’re desirous of informing the district... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens if a woman I friended on Facebook sent pictures of a minor to me but I didn't ask for the picture?

Let me rephrase the question. She friended me. I didn't ask for the pic she sent it to me randomly. I deleted the conversation and blocked her. did I take the right steps?

Tracy Tiernan
Tracy Tiernan
answered on Aug 6, 2022

I’m going to assume that these pictures were illicit? I don’t have enough facts to give you confident guidance or counsel, however, it’s unusual when someone that you friend on a tool like Facebook would send you unsolicited inappropriate sexual pictures of a minor child out of the blue. You... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If my parole supervision ends today and my parol officer tells me there is no need to schedule another report in,

But I have a revocation sentencing court date that is a week from now, am I off parol?

David A. Cincotta
David A. Cincotta
answered on Aug 5, 2022

From your question, it appears that one of the following must be true: 1. you are on probation and not parole, or 2. you have multiple cases in which you are on parole for one and on probation for another.

Either way, if you have an attorney for the revocation hearing next week, you...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can you explain the Daubert hearing.
Tracy Tiernan
Tracy Tiernan
answered on Jul 29, 2022

A Daubert hearing, to describe it simply, is a pre-trial hearing that is usually brought about by the filing of a “motion in limine” which is a motion filed by one party in an attempt to exclude the expert witness testimony or evidence of the opposing party in a trial. In the hearing,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can a plaintiff violate their own protection order if the defendant has not been served

Oklahoma Emwrgency exports order

Tracy Tiernan
Tracy Tiernan
answered on Jul 3, 2022

The question is a bit confusing, but if a protective order has been issued against a party, the only one prohibited from certain acts is the defendant or the party served with that protective order. If the plaintiff seeking the protective order, the one who secured it from the court, contacts that... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I need help as to what I need to do. I had my door kicked in the only thing found was a meth pipe and scales. No drugs

Were found. I was told I sold to a c I. No charges have been filed they want me to do a controlled by but for the safety of my family im not gonna do that. What do I need to do im in Oklahoma. Someone plz help

Tracy Tiernan
Tracy Tiernan
answered on Jun 28, 2022

It’s a very bad idea to discuss such a situation on a public forum such as this. Clearly someone who had been arrested and was in serious trouble was asked to assist law-enforcement with locating other criminal activity in order to save his/ her own skin. This is a very very dangerous situation.... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Out on bail what to expect it arrignment for MTR misdemeanor. No new charge only failure to comply with rules and no pay

Oklahoma

Tracy Tiernan
Tracy Tiernan
answered on Jun 28, 2022

There are a number of ways to have a motion or application to revoke or accelerate a probation filed against you in a criminal case. The worst type of violations are if you get arrested for a felony or a misdemeanor crime. These situations will almost always result in a much more severe consequence... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a defendant have a criminal case that has been sentenced, moved to another jurisdiction?

Sentenced to 15 in/15 out. Some racial injustice. Victims parents are friends with sheriff and other people of influence. Modification of sentence denied June 2022.

Tracy Tiernan
Tracy Tiernan
answered on Jun 24, 2022

Any change of venue based on alleged or perceived bias or unfairness associated with a judge, district attorney or law enforcement probably should’ve taken place well before trial, sentencing or disposition of the case. At this juncture, your best bet is simply to contact an attorney who... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Is my case able to be dismissed?

I have had no criminal record until recently and im being charged with larceny of merchandise from retailer in the amount of $19.97. I switched a clearance sticker on 2 items. And Resisting an officer by jerking away after he startled me upon reentering the room angrily as where when he left he... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Jun 20, 2022

If you have had no previous criminal arrests or convictions then a misdemeanor arrest for crimes such as these are routinely handled with the end result being a dismissal after a period of probation (Assuming you’re guilty or your attorney can’t get the case dismissed).

As far as the...
Read more »

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Civil Rights for Oklahoma on
Q: Can I post a picture of my husband and his truck on social media

My perfect husband was identified picking up a prostitute on South side of okc so I took a picture of him and his truck with the caption I WAS BUSTEX PICKING UP A NASTY DIRTY XX AND I DIDNT CARE THAT THEY MAY HAVE MANY diseases so if you **** or xx me please message me cuz my wife has the right to... Read more »

Charles Watts
Charles Watts
answered on Jun 20, 2022

Short answer is people post many things on social media - often before thinking about the long-term effect. Can you and should you are not necessarily equal partners. As with almost every lawyer, the advice is do not post it. Seek counseling for you both, and if that fails then dissolution can... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Oklahoma on
Q: If my home was robbed shouldn't the deputy have came to investigate and not my workplace 24 hours later?

This happened in October and they know who did it, have evidence yet nobody updates me. It wasn't turned over to the da until December even tho the deputy tried to tell me November. I called this week to get an update and was told they were not going to do anything, prosecutorial discretion. I... Read more »

Charles Watts
Charles Watts
answered on Jun 20, 2022

Not sure your question relates to the result you are seeking. The deputies actions would have to be viewed in the light of all other calls taken, as well as your availability when they were responding to the call. If you were not home when they were cleared off their other calls and you were at... Read more »

1 Answer | Asked in Criminal Law and Probate for Oklahoma on
Q: Can a notary notarize their own quit claim?

The day before my dads death in 1996, my stepmom notarized her own quit claim with her notary stamp. My first question is if that is or was legal then. My second question is what benefit would it be since the quit claim basically added her in the second party JTWROS since they were married at the... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 19, 2022

Definitely not. A notary public may not notarize his or her own signature.

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