Cases like these are very fact specific. However, if he was in control of the vehicle then by default he is in control of the occupants and its contents. Therefore, yes if the quantity is sufficient to meet trafficking then yes he can be charged with that and have to defend it in court.... View More

Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child... View More

I assume you are speaking of Major County sheriff deputies as you mentioned Fairview. A common misconception is the only law enforcement agency that has jurisdiction within city limits is the city themselves. However, this is incorrect. The City of Fairview is located inside Major County;... View More

The 10 year timeframe is calculated starting at the termination of the first conviction to the date of the commission of the new crime. For example: A person was convicted in 2015 and sentenced (and served) 5 years (putting it at 2015 as start day) but then committed a crime in December 2024, then... View More

The answer is 'yes it could affect things' - You need to contact an attorney in your area that specializes in traffic violations. First thing is plead 'not-guilty' -- but you need to get things in order first with an attorney, because under Oklahoma statutes for minor drivers... View More

You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More

There are lots of factors that come into play in determining whether a traffic stop, search, and drug seizure are constitutional or unlawful.

Based on your brief recitation of these facts, they clearly had a right to engage in the traffic stop if your tag light is out. From that point... View More

Well, there are quite a variety of misdemeanor charges with which a person can be charged Anything from public intoxication up through possession of a controlled dangerous substance or assault and battery on your wife, husband, someone with eco you have been in a relationship or family member. The... View More

I’m afraid we would need a tiny bit more information to give you an answer with any confidence. However, it sounds like you are not in an alternative court program like Drug Court. Sounds to me like you’re simply on a typical supervised probation. As a general rule when you’re on District... View More

Emergency protective orders are usually not a two-way street unless specified by the court. In other words, you are prohibited from contact with her, but she is not likewise prohibited from contact with you. It is frustrating and confusing for certain.

My advice would be to record and... View More

It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More

The strongest evidence in a court of law is when a defendant accused of a crime opens their mouth and gives a confession. Most seasoned criminal defense attorneys will tell you never to talk to law-enforcement when you know you’re under investigation for having committed a crime.

Having... View More

It’s not necessarily a scheduled formula of punishment. When you violate the rules and conditions of your probation, the state, through the district attorneys office, and the judge have the power to punish you in a variety of different ways including a minimal slap on the wrist to incarceration... View More

Unfortunately, you have not provided enough information. It’s not clear whether you’re talking about testimony presented at the jury trial stage or a preliminary hearing or some other motion or evidentiary hearing.

As a general rule, any competent criminal defense attorney, at a... View More

Great question! And a very common one. Well, when these things occur you simply hope and pray they have body or dash camera footage of the interaction. If that is not available, then it’s simply a swearing match and each person’s credibility comes into question.

It’s actually the... View More

In the short answer -- No that is not a violation. In Oklahoma, only a defendant against whom a protective order has been issued may be held to have violated the order. 22 OS 60.6(H) --- Therefore if the Victim makes contact or attempts to make contact, this is not a violation of the order.... View More

That’s a very good question! It’s also a very common question which I get asked all the time.

When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a... View More

Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.

If you have independent proof of such a statement (in other words, the... View More

Well, that is a bit of a simplification in terms of what a judge, or the state of Oklahoma, might be willing to do. When they arrest someone and place them in custody as they await criminal prosecution for a charge, absent some very special circumstances, they will usually remain in jail until they... View More

That’s a very Interesting question. There are a variety of reasons that factor into whether or not someone charged with a crime owes any restitution at all in the first place. Then there are questions surrounding the manner in which their restitution is to be measured. There are instances where... View More