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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend was arrested for shoplifting

My friend was arrested for shoplifting at Walmart. She sat in jail all night. when she went to court neither the judge nor her knew what she had taken. The judge had nothing on it. Even asked her what she had been accused of stealing. She said she didn't know. They told her she couldn't... View More

T. Augustus Claus
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answered on Feb 13, 2024

In Oklahoma, the situation described, where an individual is arrested for shoplifting but neither the judge nor the accused has specific information about the items allegedly stolen at the time of the court hearing, raises concerns about due process. Due process is a constitutional right that... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I am served with a subpoena on a criminal case and fear for the safety of my child if i testify be undue burden?
Tracy Tiernan
Tracy Tiernan
answered on Feb 12, 2024

Criminal subpoenas go out every day across the state of to a variety of witnesses and victims.

One of the most commonly complained of phenomenons by District Attorney and Prosecutor’s offices is when these necessary parties fail to appear at court after having been subpoenaed. As a result...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Oklahoma on
Q: Stopped and searched and charged with posession of narcotics paraphenalia,

I am a Texan. I was stopped by a sheriff on a country road.

He ordered me not to use my phone to record what happened or to speak with anyone.

He was reckless with my belongings.

He asked me about drugs – as if requesting I give him drugs as a bribe.

He... View More

James L. Arrasmith
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answered on Feb 4, 2024

Facing charges for possession of narcotics paraphernalia, especially under questionable circumstances, requires immediate legal action. The situation you described raises concerns about the legality of the stop and search, as well as your rights during the encounter.

First, it's...
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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, Communications Law, Internet Law and Libel & Slander for Oklahoma on
Q: How would I go about getting some harassing and malicious text messages gone through and press charges?

Someone was sending text messages to my husband and me using an app where they could keep changing their phone number. I would try to engage with them to see if they would tell me who they were. They knew things about me, like me having cancer and what road I lived off of. My number was not given... View More

James L. Arrasmith
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answered on Jan 31, 2024

I understand your concern regarding the harassing and malicious text messages you've been receiving. To address this situation, start by preserving all evidence of these messages, including screenshots, dates, and any information you have about the sender. This documentation will be crucial if... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Can you be charged with obstruction for not identifying if you have committed a crime or arrested.
James L. Arrasmith
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answered on Jan 30, 2024

In Oklahoma, the question of whether you can be charged with obstruction for not identifying yourself if you have committed a crime or been arrested depends on the specific circumstances and the laws in place. Generally, if you are lawfully arrested or detained by law enforcement, you may be... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: can a person who is a guest of a tenant, that has been previously trespassed be detained or arrested for trespassing?

I work for the Oklahoma City Housing Authority. This is in reference to senior building, single family homes and apartment complexes. We have many individuals who have been trespassed for various infractions of building rules, violations of the lease agreement and violations of the law i.e.... View More

James L. Arrasmith
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answered on Jan 30, 2024

In Oklahoma, if a person has been officially trespassed from a property and then re-enters the property, they can be detained or arrested for trespassing, regardless of whether a resident has allowed them as a guest. This is because the initial trespass notice overrides a tenant’s permission for... View More

1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: How long after receiving documents does the clerk have to file document?

Inmate appealing district courts denial of request for preliminary injunction. Inmate sent designation of record to the district court on 1-16-24 and it still has not been filed in the district court. Inmates family called the district court to ask have they received it, the clerk assistant says... View More

James L. Arrasmith
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answered on Jan 28, 2024

The time frame for a clerk to file a document can vary based on the court's procedures and workload. Generally, clerks are expected to file documents in a timely manner, but there is no specific universal deadline for this process.

In the case of an inmate's appeal, it's not...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What are my options on a voluntary extension of probation
T. Augustus Claus
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answered on Jan 26, 2024

It is advisable to begin by discussing the situation with the probation officer, who can provide guidance on the process and specific requirements. Depending on the jurisdiction and probation terms, a formal petition may need to be filed with the court, and consulting with a criminal defense... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is attemted robbery in oklahoma an 85 percent crime?
David A. Cincotta
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answered on Jan 24, 2024

No. There are a couple unpublished opinions from the Oklahoma Court of Criminal Appeals (Robertson v. JCCC, HC-2005-768 - 2006, and Day v. State, F-2007-526 - 2008) that essentially provide that an attempt to commit a crime specified in Section 13.1 of Title 21 (the 85% crimes) is not subject to... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a felony from September of 2014, am I able to get it expunged? With that I got a misdemeanor in November of 2018.

Would my misdemeanor affect me getting my felony expunged?

David A. Cincotta
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answered on Jan 24, 2024

It depends on whether your felony resulted in a conviction and what the crime was. If it was a conviction but one that can be expunged without a pardon, the misdemeanor conviction would prevent you from obtaining the expungement now. In that situation, you would have to wait until seven years has... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I would like to know if I am a defendant in a criminal case in the state of oklahoma and I am bonded out by an accredite

And licensed bondsman can the state or county say it was Seminole county Oklahoma now not the bondsman putting a stipulation on you but the state for you to have to submit a urine test every week even though you have not been convicted yet wouldn't that be punishment before you are convicted... View More

David A. Cincotta
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answered on Jan 23, 2024

If you have been charged with a criminal offense, the court can set conditions for your pretrial release. Sometimes no conditions exist other than to not commit new crimes and to remain in contact with your bondsman. Other times, the court requires the person to have a GPS monitor, to have no... View More

1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: In Oklahoma what steps are required for a prisoner to take before requesting a judicial review of agency final decision?

Inmate was placed on grievances restriction he appealed to Administrative review authority and was denied his appeal can he go straight to judicial review in state court?

James L. Arrasmith
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answered on Jan 18, 2024

In Oklahoma, before an inmate can seek judicial review of an agency's final decision, they typically must exhaust all available administrative remedies. This means the inmate must follow the prison's internal grievance process completely. If the inmate's appeal has been denied by the... 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 Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Orec has put my Application approval background on hold due to a pending charge that was dismissed once Can they do that

I have got my classes for becoming a realtor well I also been going thru court on my divorce and in that divorce there where false accusations of stalking based on that I have got arrested than I been dealing with pending charges going on for over a year now the court has dismissed once than... View More

James L. Arrasmith
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answered on Dec 30, 2023

In the context of Oklahoma real estate licensing, the Oklahoma Real Estate Commission (OREC) has the authority to review the background of applicants. This review often includes considering pending charges. While a dismissed charge may not have the same impact as a conviction, the fact that it is... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Health Care Law for Oklahoma on
Q: Hi I have a question my husband is in Allen Gamble Prison I'm trying to get his case switch mental health Court

Switch his case to mental health court before trial his medically I'll and has disabilities and medical problems

James L. Arrasmith
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answered on Dec 23, 2023

In Oklahoma, transferring a case to a mental health court can be a complex process, especially if the trial is already underway. Mental health courts are designed to handle cases involving defendants with mental illnesses and may offer more appropriate resources and outcomes for such individuals.... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Am I allowed to call my co defendants attorney to ask why he was dismissed of his count # charge but i have not...

What is prosecutorial discretion

Tracy Tiernan
Tracy Tiernan
answered on Dec 5, 2023

I think it’s safe to assume that you have an attorney representing you? You would never want to reach out to a prospective witness against you or their attorney without consulting your attorney, who undoubtedly has a game plan and strategy in place.

Often times with codefendants the...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My co defendant got his case dismissed but my charges haven’t been dismissed? How’s that work

I was the passenger in my friends truck when we were pulled over. Turns out his truck was stolen and there was a pound of meth inside a taped up puzzle box in the passenger floor board. It’s a single cab truck with a bench style front seat. He had lots of stuff in the floor board already, I was... View More

Tracy Tiernan
Tracy Tiernan
answered on Dec 3, 2023

There are lots of different reasons why charges might get dismissed or pursued only against a certain occupant when there is more than one occupant of the vehicle and drugs are found in the course of a search. There’s a possibility that one occupant is cooperating in order to save his/ her own... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: For a novel in Oklahoma: Character sees evidence of murder on an in-law (bloody clothes) and does not report. Accessory?

If the character is certain that an in-law is the murderer, but does not say anything, and benefits from this relation afterwards, does this failure to tell the police constitute an accessory to murder? If this character decides to tell the truth 10 years later, will the DA cut a deal so the... View More

Charles Watts
Charles Watts
answered on Nov 30, 2023

By definition in Oklahoma 21 OS § 172, with Felonies, there are Principals (anyone who furthered the Felony act prior to or during the act itself -- aid and abet in the commission-even if not present), and Accessory After the Fact (anyone who helps conceal the already committed act). A good... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but....

My Po says I can't? Does he have the right to deny me that right?

Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2023

I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many... View More

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