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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Child Custody for Oklahoma on
Q: Can my 13 year old son refuse weekend visits to his fathers house if he has testified about abuse from his dad?

My son testified that his dad recently held his head under faucet of water as a disciplinary method.

Brian Boeheim
Brian Boeheim answered on Sep 17, 2020

When you say testified, do you mean in court under oath? If that is the case, then I would question why the father still has unsupervised visitation? If you came to me with that claim, I would probably start by calling his attorney and try to get an agreement to adjust the visitation temporarily... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Libel & Slander for Oklahoma on
Q: How can we get my wifes ankle monitor activity for a certain day so we can clear our names and get her out of jail.

Her next court date isn't for another month and a half. She was on ankle monitor at time the crime happened and also there's a video of the couple that actually did it. She doesn't need to sit in jail any longer for something we never did. And what kind of legal action can we take... Read more »

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Hire a true criminal defense attorney.

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I was convicted of child neglect and felony DUI in 2003. My son was in the truck with me...can I get this expunged?
Andrea Worden
Andrea Worden answered on Sep 8, 2020

This statute should be helpful:

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440214

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was intimidated and threatened by my ex to call the da’s office and drop charges against him for choking me.

I made the call out of fear. However I do truly wish to proceed with pressing charges. Should I call the da’s office back and tell them what’s going on?

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Many DA's offices have "victim/ witness" departments to answer these types of questions.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Criminal conviction in a mun. court not of record. Appeal bond ordered payed before or at time of filing notice. why?

The trial judge has ordered a cash appeal bond be payed at the time of or prior to the filing of the notice of intent to appeal. This bond is in the same amount as the fines I was sentenced to. Is this not a denial of the right every person has to appeal in every case in Oklahoma? Seems that if... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Sep 3, 2020

No, it's not. There are cases that say they can't do that, yet it's still done all over Oklahoma. Hire an attorney to address this issue with the judge.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can my mother press charges on someone who used her car ran from police and broke her TRANSMISSION.

My mother got her car from impound and the transmission casing is busted up.

Now she has no car and no more cash the person is in jail on warrants but she broke my mom's car.

Can she file charges against her for breaking the car?

Brian Boeheim
Brian Boeheim answered on Sep 3, 2020

Have your mother call the DA's office int he county where her car was stolen and the suspect is in jail. Tell them how much it would cost to fix, or what the vehicle was worth before the transmission was destroyed. The DA's office should include in their charges restitution, which they... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Someone used my name in a Burglary. It definitely wasn't me.. how can I clear this up

there were two suspects. One already plead guilty and the other was the one that used my name and ssn apparently. There is a warrant for my arrest. From my understanding the person that used my name never showed up to court, I guess. I need help

David A. Cincotta
David A. Cincotta answered on Aug 26, 2020

If the person was arrested (may be tricky to tell, but if you want me to look to see, contact me directly), then that person was fingerprinted. If that is the case, there is a process to verify that you are not the person and you can receive a letter from OSBI confirming you are not the person same... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a case be dismissed if they change the dates on a Discovery?
Brian Boeheim
Brian Boeheim answered on Aug 20, 2020

A case may be dismissed for many reasons. If your attorney filed or orally argued a motion to suppress the evidence under Brady or Kyles, or if the change makes it such that the witnesses will be easily impeached at preliminary hearing or trial, then the DA may choose to dismiss instead of facing... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I am in Oklahoma and used my elderly mother's debit card unauthorized.

I charged several times on it for my own needs. Can I repay her the amount I charged before legal case happens?

Brian Boeheim
Brian Boeheim answered on Aug 16, 2020

The right thing to do is to repay her. This will not guarantee that you won't be charged, but she would have to testify that she did not give you permission to use her credit. I would think it is unlikely she would want to testify against you, if you made things right. Depending on the... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do you obtain the discovery packet without a attorney

My fiancé is wanting me to find out how to obtain a copy of his discovery packet he has no attorney Would this be something that I could do for him and if so what steps do I take and who do I contact if not then who would he need to contact

Brian Boeheim
Brian Boeheim answered on Aug 13, 2020

If he has been designated but he court as acting pro se, then all he needs to do is request it from he DA's office. There may be a nominal charge. If he is in custody, then he should have had a Public Defender appointed to defend him on his charges, and the Public Defender should provide him... Read more »

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Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

David A. Cincotta
David A. Cincotta answered on Aug 11, 2020

The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:

"The...
Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can police raid your house at night
Tracy Tiernan
Tracy Tiernan answered on Aug 10, 2020

Felony warrants stemming from criminal investigations can be served day or night. I suspect this is what happened. You need to contact an attorney immediately to get a copy of the warrant in order to see if there’s anyway to challenge it’s Validity

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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
David A. Cincotta 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... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: How can an individual be charged with 3 counts of the same crime?

Three individuals got arrested together. All three received the same charge of 3 counts of 2nd degree burglary.

Tracy Tiernan
Tracy Tiernan answered on Aug 4, 2020

You need to mediately hire a criminal defense attorney. Your attorney can request all of the discovery material, the evidence. He can then scrutinize it carefully to determine whether or not they have charged you with unnecessary or duplicate counts.

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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... Read more »

David A. Cincotta
David A. Cincotta 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... Read 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... Read more »

David A. Cincotta
David A. Cincotta 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... Read more »

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Oklahoma on
Q: How likely would someone in OK with a pending resisting/public intox charge be taken off monitored child visitations?

My ex and I entered into a temporary visitation agreement. He has is currently supposed to be monitored by his mother to see the kids, but is asking to have the monitored visits lifted. He and his live in girlfriend both were recently arrested for public intox and he was arrested for resisting... Read more »

Brian Boeheim
Brian Boeheim answered on Aug 2, 2020

The public intoxication charge is the real issue. It shows that he is not capable of controlling his addiction. Having him kept on monitored visitation seems reasonable. I would even suggest supervised visitation might be in order. I think an example of greater self control would be needed... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Already a convicted felon, now charged with level 6 criminal recklessness and 2 level 5 felony imtidation charges

What am I facing?

David A. Cincotta
David A. Cincotta answered on Jul 30, 2020

You indicate you are charged with "level 6" criminal recklessness and two "level 5" felony intimidation charges. Where are your charges? I am not aware of any Oklahoma state statutes that use the levels such as the ones you reference in your question.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have no money can someone please help me I have good case
David A. Cincotta
David A. Cincotta answered on Jul 30, 2020

Generally, this forum is used by people who have specific legal questions. The attorneys on here try to answer the questions as best we can with the limited information we receive. Your post just is just seeking help without any specifics (aside from letting us know you do not have any money).... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If a person has a f.t.a warrant in Oklahoma can they make a plea and pay fines without going to court,due to a death?

I need help with my warrant, I never been in trouble in Oklahoma only traffic tickets now this felony warrant haskell county Oklahoma I couldn't make court date my father passed away I called and changed court date but my mind wasn't focused my dad just passed june 14th 2020 my new court... Read more »

Tracy Tiernan
Tracy Tiernan answered on Jul 30, 2020

You need to retain a criminal defense attorney immediately. Even if not considered a valid excuse for missing court, the loss of your father is certainly an “extenuating circumstance” that an attorney could possibly persuade the Court (Judge) to excuse and withdraw the warrant without you... Read more »

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