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Oklahoma Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Do u have to have a lawyer for your 2nd court date
David A. Cincotta
David A. Cincotta answered on Jul 7, 2020

You should hire an attorney as soon as possible. Most judges do not like defendants to show up without an attorney, especially twice. Each judge has his or her own tolerance. If you believe you cannot afford an attorney, you need to demonstrate to the court everything you have done to try to hire... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the charge for misdemeanor child abuse in the state of Oklahoma
Brian Boeheim
Brian Boeheim answered on Jul 2, 2020

I am not sure how to answer your question. In Oklahoma, There is no version of child abuse that is charged as a Misdemeanor. There is a statuary provision that allows the DA to reduce any felony down to a misdemeanor, but that statute does not apply to charges that are considered violent crimes... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: A Felon was sentence to a 20 year term for manslaughter and has served 5 years. When can they ask for Judicial Review?

Does it have to be done through an attorney or by the individual person? How would I notify the Prosecuting DA?

David A. Cincotta
David A. Cincotta answered on Jul 1, 2020

Judicial review must generally be requested and ruled upon within the first 12 months of the date of sentencing without the approval of the District Attorney and within 60 months with the approval of the District Attorney. The exceptions that apply to the general rule above do not appear to apply... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the sentence precent for drug trafficking with after formers

My brother was charged with drug trafficking and we just wanted to know what the sentence precent was for drug trafficking under 200 grams

Brian Boeheim
Brian Boeheim answered on Jul 1, 2020

DOC calculates the numbers as they see fit, but in statutorily it should be 50% for Trafficking with parole available after 30% of the sentence, and 85% for Aggravated Trafficking.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If you are at home that gets raided by the police and then you are on the state Witness does that make you a snitch

Eyewitness endorsed for the state of Oklahoma what does that mean

Brian Boeheim
Brian Boeheim answered on Jun 30, 2020

The State can add anyone to their witness list. Being on the witness list does not necessarily mean they will testify. All to often people after being arrested will attempt to trade information and testimony for their freedom.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do you become a witness for the state

If someone gets busted and u get on the state witness

Brian Boeheim
Brian Boeheim answered on Jun 30, 2020

Not sure what you are asking? Anyone can be listed as a witness by the State. That doesn't mean they will actually testify. If you are referencing someone who was arrested and decides to provide testimony against his/her co-defendants, then that is usually dependent on who talks first and... Read more »

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1 Answer | Asked in Criminal Law, Business Law and Civil Rights for Oklahoma on
Q: Can my car get repossessed after one week of no payment in the state of Oklahoma?

I financed a car through a car lot. I was one week and 3days late then got threatening text messages from the financier saying they were going to call the authorities if they did not receive a payment I paid them half on Friday (the day of the call) and they agreed to receive the other half Monday... Read more »

Brian Boeheim
Brian Boeheim answered on Jun 29, 2020

I would have to see your contract, but it appears as if they did not follow the Fair Debt Collection Practices Act. They cannot threaten criminal charges, or negotiate in my opinion negotiate for further payment only to repossess. You need an attorney to look at the contract and then potentially... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I own a fire arm 20 years after a felony conviction?

I was convicted of a felony Assault & Battery charge in 1995 in Ford County KS. I now live in Oklahoma. Can I legally own any kind of firearm?

David A. Cincotta
David A. Cincotta answered on Jun 29, 2020

I am going to assume by "own" you want to actually possess a firearm - whether in your home, your car, or on your person. With that, the answer is "No." You should contact an attorney in Kansas to see about obtaining a pardon in Kansas or if there are any other ways... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: was arrested on a warrant. I wasnt told my Miranda Rights nor shown the warrant. And publicly humiliated plz help

Details are as needed cause It is hard to describe everything is this little area.

Pete David Louden
Pete David Louden answered on Jun 27, 2020

One of your most important rights is the right to remain silent. This means do not talk about your case with anyone other than your attorney and stop posting details of your case on the internet!

Delete your question and hire a criminal defense attorney right now!

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I was asleep in the passenger seat while a friend of mine was driving. A traffic stop ensued and the vehicle was search

drugs were eventually found in backseat. Two people were in the back seat... I had no knowledge of the contraband but have been charged with agg trafficking... what can I do?

Brian Boeheim
Brian Boeheim answered on Jun 24, 2020

Hire an attorney who handles Drug Trafficking cases and understands the 4th amendment search and seizure issues. Don't talk with police or investigators. These are complex arguments and and laws. If you have more questions feel free to give me a call.

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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.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma how much jail time can you get for not completing 18 hours of community service
Brian Boeheim
Brian Boeheim answered on Jun 17, 2020

If you pled to a case and part of the agreement was for you to complete community service hours, and you fail to complete them in the time allotted, the State could file an Application to Accelerate (if you are on a deferred) or an Application to Revise (if you are on a suspended). In either case,... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What are the rules of probation revocation that pertains to a parole officers authority ?

Is it normal for a 12 month probation sentence, on a suspended sentence to be revoked immediately upon failed drug test without thier attorney present? Also is it normal for the above to happen on a 7 yr sentence + 1 yr probation odoc . for burg II at 18 yrs old with no prior history what so ever... Read more »

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

I would say that normally that is not the result of one failed drug test. Was her probation revoked or was it parole that was revoked? The difference is significant when it comes to the level of authority the officer has assigned to supervise the individual.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is a possession of a firearm in commission of a felony a violent offense? Can it be expunged
David A. Cincotta
David A. Cincotta answered on Jun 9, 2020

Yes to both questions. On the expungement question, assuming the person was convicted of it, then the person must wait ten years following the completion of the sentence before being eligible. Also, the person can have no more than two felony convictions. There are a few other specific factors... Read more »

1 Answer | Asked in Criminal Law and Family Law for Oklahoma on
Q: I suspect my mother is doing drugs and she is verbally, mentally, and physically abusive to me, could I legally leave?
Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

I recommend that you speak with a trusted adult about the abuse. Is your father available? What about a grandparent? Teacher? Doctor? Have you considered contacting the Department of Human Services child protective services? What about the police or sheriff? Your safety is the primary... Read more »

1 Answer | Asked in Criminal Law and Military Law for Oklahoma on
Q: is it against the law in Oklahoma to fly a green and white American flag with marijuana leaves on it?

Marijuana shops around Oklahoma City have recently begin waving defiled American flags The colors have been changed to green and white and they are covered with marijuana leaves. Is this against the law in Oklahoma and if so what are the possible penalties?

When I read Oklahoma Statutes,... Read more »

Richard Winblad
Richard Winblad answered on Jun 2, 2020

I agree it is in poor taste. However, the First Amendment protect creation of such item.

2 Answers | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Am I allowed to shoot a protester

If I’m driving and come across a group of protesters who then decide to start trying to bust out my car windows and pull me or a family member from the car. Can I then use lethal force to defend my property and self and family?

Tracy Tiernan
Tracy Tiernan answered on Jun 1, 2020

As a general rule you cannot use deadly force unless you are in fear of imminent harm to your safety or the safety of one of your family members typically. If you have an opportunity to flee or avoid the dangerous situation, you are required to do so as long as you can do it safely. You can’t... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: I’m being charged with possession of a stolen car that I didn’t know was stolen when I purchased it.

It was purchased in Kansas but I was arrested in Oklahoma. An investigation was on in Wichita but charges were dropped against me because the one who reported it stolen said she knows who I bought it from and he has a history of being a thief. I was never able to get the title from him because he... Read more »

David A. Cincotta
David A. Cincotta answered on Jun 1, 2020

You need to hire a criminal defense attorney immediately! It may be that the facts as you stated will demonstrate you are not guilty of knowingly being in possession of a stolen vehicle, but you need an attorney to represent you and ensure your rights are protected in that process.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: my sister was out on a cash bond and the morning of court they issued a bench warrant on a motion to revoke and arrested

Her and she didn't get to go infront of the judge even tho she was there and filed failure to appear and forfetied my bond and set a bond at 75000$

David A. Cincotta
David A. Cincotta answered on May 24, 2020

You and/or your sister need a criminal defense attorney immediately. If court was missed due to being arrested on a warrant from another case, the court will often let the defendant back out on the original bond once bail is made in the other case. Sometimes the judge does not know the facts and... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does Criminal miscellaneous mean and what does a mi case also mean
David A. Cincotta
David A. Cincotta answered on May 22, 2020

It is just a case filing code used by the Court Clerk to file something where there may not be a criminal case filed (either a Criminal Misdemeanor CM or Criminal Felony CF). If there is something filed by an individual that is of a criminal nature (e.g. a bond reduction motion for someone being... Read more »

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