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Oklahoma Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Business Formation for Oklahoma on
Q: Bail set at 2500 for second degree burglary is there a fine to pay or is it automatic jail time
David A. Cincotta
David A. Cincotta answered on Jan 13, 2021

While both a fine and jail/prison time are punishments for the crime, there are other options that may also be available: such as the court deferring your sentencing for a period of years (does not result in a conviction, the case gets dismissed, and the court records expunged if you successfully... Read more »

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1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Is 85percent crime 21 O.S. 843.5(c) At the time of sentencing or on my plea of guilty summary of facts it said no

If it's not an 85% crime or if it is but at the time of sentencing they said it was not do I have action to get this sentence off of me

David A. Cincotta
David A. Cincotta answered on Jan 12, 2021

Yes. Section 843.5(c) is a crime against a child under Section 843.5, so it is an 85% crime. I can also tell you that I am very familiar with the Department of Corrections receiving sentencing paperwork indicating a crime is not 85% when in fact it is, and the court ordering a sentence to not be... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: would saying a person would do everything in his power to keep a Sen from being elected be a crime, no criminal intent

I was upset that my Senator would not stand with our President and called him to tell him i would do anything in my power to keep him from being re-elected. I left my name I would not do anything to break the law! I have never broken the law in my life. Honorably discharged veteran, but i could see... Read more »

David A. Cincotta
David A. Cincotta answered on Jan 6, 2021

Are you asking this just based on concerns you have after thinking about what you said or have you been contacted by law enforcement or threatened with prosecution as a result of your call? Generally speaking, everyone has a right to call their elected officials and speak about issues that are... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Disposition set for njt. What does that mean? Does that mean he has reached a plea bargain?
David A. Cincotta
David A. Cincotta answered on Jan 5, 2021

NJT is likely short for non-jury trial. Assuming that is correct, what it means is that the case set for a trial before a judge only, where the judge will not only decide the law but also rule on the facts, weigh credibility of witnesses, etc. From what you provided, there is no indication that a... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I post a cash bond will I get the money back after my court is decided
Brian Boeheim
Brian Boeheim answered on Jan 3, 2021

Yes, after your case is concluded and/or your are released from your bond, you will get the cash bond back.

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Oklahoma on
Q: My husband has a 1st offense dv a&b w / strangulation, what happens if I want the charges dropped?

I didn't want him arrested, there was no asphyxia as I could still breathe. There is no bruising. I don't want to press charges. I want him released, but I don't know what to do to make that happen.

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

First, your husband needs an attorney. The charge is a serious one. Once the case has been submitted to the DA by the police, the decision on whether to proceed and how to do so rests with the prosecutor. You may no longer wish for the prosecutor to proceed (whether through a declination of charges... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Where a legal issue has arisen but the law was silent ? The superceded statute Is Title 37A sec 2-139. See c (2) chang

I have a lawfully purchased beer license. Oklahoma voted in new beer laws. The law was silent on the licenses that were purchased prior to the change in law but continued to be lawful. As a result my licenses were seized and now the law says my license was transferred to a new license which... Read more »

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

If it is alleged you violated the law by not having the appropriate license, you will benefit greatly by contacting an attorney who can evaluate your situation against the law before and after the 2018 amendments.

The 2018 laws made it clear that upon the effective date of said law all...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Is there a way for a felon on probation to get a liquor license? Turn a guilty plea to non-guilty years after sentencin?
David A. Cincotta
David A. Cincotta answered on Dec 24, 2020

You ask a few questions here that I am going to try to answer.

An individual currently on probation for a felony is not likely going to qualify for any alcohol/liquor license in the State of Oklahoma. The laws with regard to eligibility for alcohol licenses make individuals convicted of a...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: can a felon living in oklahoma carry i black powder pistol for protection
Charles Watts
Charles Watts answered on Dec 23, 2020

Short answer - NO. A convicted felon (that has not been expunged and stricken) cannot be in possession of a firearm. Black powder pistol is still considered a firearm.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: 2 domestic incidents within 3 months of each other, am i looking at prison time? The anger is from my drug addiction.

I wasn’t arrested either time because I fled. My kids were at home both times. I have a drug problem that needs addressed, that’s the reason all this has happened, because of my drug addiction. I know the first charge domestic a & b with strangulation is NOT good. Now add a second incident... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 21, 2020

Anyone that tells you anything different than what you have surmised is simply speculating. Strangulation carries a minimum of one year and up to three years in prison. Lots of those cases actually get dismissed, particularly if the victim doesn’t want to send daddy/ boyfriend to prison. However,... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Oklahoma on
Q: My husband falsified a lease to obtain an Oklahoma driver's license nit Oklahoma residents who takes care of this

He filed for a divorce under same ID im driving 6 hrs neither of us are residents of the state he then lied and put an exparte on me the judge rolled her eyes when I chose to fight an attorney I paid did not go to court dropped it seeing me for 10,500 I paid him 1500 up front he made me print out... Read more »

Pete David Louden
Pete David Louden answered on Dec 20, 2020

Did you have a question?

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does it mean when it says "OTC PROCESSING: IGNORE THIS CASE" at the end of a misdemeanor case?
David A. Cincotta
David A. Cincotta answered on Dec 17, 2020

OTC means the Oklahoma Tax Commission. Frequently court clerks will send notice to the OTC to intercept state income tax refunds for defendants with past due court costs. I suspect, but cannot be certain, the message you are asking about has something to do with that.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If arrested on an alleged drug charge, is it legal for officers to confiscate your phone demand passcode and not return

No warrant for the contents of said mobile device was presented at time of confiscation or any time after.

David A. Cincotta
David A. Cincotta answered on Dec 15, 2020

The question you pose is one that requires an analysis under the Fourth Amendment with the detailed facts of your encounter with the police. Unfortunately, the detailed factual account that is needed should not be communicated over this forum. Because you were arrested on an alleged drug charge, I... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I took a plea deal and got out. But I can prove I didn't commit the crime what can I do?
Brian Boeheim
Brian Boeheim answered on Dec 10, 2020

If it is within 10 days of your plea, you can file a motion to withdraw your plea. The problem is if you pled guilty versus no contest or Alford you are a bit stuck with the fact that you admitted to something you didn't do. The Court frowns on lying, even when pleading.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can my probation officer keep me from being transgender and finishing my transition?
Brian Boeheim
Brian Boeheim answered on Dec 10, 2020

The only limitations might be the drugs necessary may somehow conflict with what pops hot on a drug test, or if your transition requires you to go out of State. Without more information or specifics of what they are suggesting would be a problem, it is hard to answer your question.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Need a lawyer for canadian county on probation and got pulled over in a friends car not knowing there were drugs in car
David A. Cincotta
David A. Cincotta answered on Dec 2, 2020

If your post is asking whether you need an attorney, yes...you definitely need an attorney. If your post is seeking responses from attorneys who practice criminal law in Canadian County, you may or may not have much luck making a post and seeking responses on here. I do practice in Canadian County,... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In a Criminal case in the state of Oklahoma, how many times will a judge post pone an Attorney Status Hearing?

I am trying to take out a mortgage to pay for an attorney. How much time am I legally allowed to do so before the judge puts me back in jail?

Brian Boeheim
Brian Boeheim answered on Dec 2, 2020

It very much depends on the Judge and the county. One thing you have working for you at the moment ismost of the courts are closed or closing until after the New Year due to the risk of COVID.

2 Answers | Asked in Criminal Law and Sexual Harassment for Oklahoma on
Q: Can my parents win a case against an 18-year-old if I'm 16

I live in Oklahoma and the age of consent is 16 can they really win a case?

Charles Watts
Charles Watts answered on Nov 22, 2020

This question requires much more information to be answered with any degree of accuracy. However, while the age of consent is 16 in the state of Oklahoma, the age of majority is 18, therefore a 16 or 17 year old is still considered a minor. Furthermore, if you are basing this question solely on a... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens if a customer purchases a product and gives you a check and then puts a stop payment on the check.

The customer then gives a credit card and it has insufficent funds this has gone on for weeks, now the customer is giving excuses one after the other please contact me and see if you can help, the truck driver and out of state can I file federal charges against them.

David A. Cincotta
David A. Cincotta answered on Nov 16, 2020

No, you cannot file federal charges against him. The US Attorney decides what criminal charges to pursue in federal court and the District Attorney or Oklahoma Attorney General decides what criminal charges to pursue in state court. You can report the matter to the police. The police may... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Need help keeping intimate partner from going to jail?

Charges are assault by strangulation, domestic violence, interrupting a 911 call and avoiding the police, dhs is involved and I feel like I'm gonna lose my intimate partner and child and I cant do it, if that happens I wont be able to go on in life if I lose my child, I need a way for me to... Read more »

Pete David Louden
Pete David Louden answered on Nov 10, 2020

At this point it sounds like you need to do two things:

1. Your partner needs a criminal defense attorney right now to fight any criminal charges.

2. You need a family law attorney to help you with DHS, now.

Where many people go wrong is they wait too long to get help. Do...
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