Lawyers, Answer Questions  & Get Points Log In
Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: can you go before judge if your fines are paid and ask for an early deferment ?
Tracy Tiernan
Tracy Tiernan answered on Jan 22, 2022

In many instances a Judge WILL entertain an application or motion for early termination of a deferred probation provided all probationary obligations have been satisfactorily completed and fines, costs, assessments and probation fees are paid in full. You simply have your attorney file the motion... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son is currently incarcerated in Norman Oklahoma jail. Who do I contact about him being released to drug rehab.
Tracy Tiernan
Tracy Tiernan answered on Jan 3, 2022

If you haven’t hired a private attorney for him then the Court will likely have inquired as to his financial situation. If he qualifies as indigent, or unable to pay for a private attorney, they would have appointed a public defender. That’s who you need to contact. His attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What do I do if I was charged with an illegal substance that I didn't have on my possession?
Tracy Tiernan
Tracy Tiernan answered on Jan 3, 2022

Criminal “Possession” of something is not always as straightforward as one might think. When you are looking at Possession of a controlled dangerous substance (CDS), or drug possession, it is not always the obvious situation where you are caught with the drug in your hand or pocket. It might be... Read more »

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Oklahoma on
Q: What can I do if a judge threatens to jail me for not hiring counsel? Denying me the right to a public defender.

I'm homeless with no job. Been trying hard to find a job.

Tracy Tiernan
Tracy Tiernan answered on Dec 24, 2021

This is an incredibly common phenomenon in the criminal court system in Oklahoma and elsewhere. You bonded out …..somehow. It may not have come out of your pocket but it came out of someone’s pocket …your family, or a friend, or an acquaintance that was trying to help you. Now the judge is... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Oklahoma on
Q: If person buying a car gives you a small amount to hold the car, then doesn't pay the full price did u legally sell it

okay guy wanted to buy an old pickup we had, we agreed to a purchase and he gave me $100 to hold it while he got the money. Instead he came back and just took the truck. I still have the title he did no paperwork. The police said that he didn't steal the car I sold it to him for $100. That... Read more »

David A. Cincotta
David A. Cincotta answered on Dec 23, 2021

It appears you have a few issues that must be addressed. One is whether a crime was committed - which if so the police could enter the vehicle as stolen in the national database. Another is whether you had a valid contract with the purchaser. Third, is whether an actual sale of the vehicle... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: 2014 Oklahoma Statutes Title 21. Crimes and Punishments §21-642. Battery defined

Has this changed?

Charles Watts
Charles Watts answered on Dec 20, 2021

A battery is any willful and unlawful use of force or violence upon the person of another.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a 2,500$ cash only warrant out of Platte county mo. For a class d possession. Also 1 more warrant

Can i take care of this stuff and not go to jail again

David A. Cincotta
David A. Cincotta answered on Dec 15, 2021

You really should contact a criminal defense attorney in Missouri (I would try to find one in or around Platte County) with whom you can discuss this matter. Not sure if you are trying to determine whether you can post bond without going to jail or resolve your case in a way that keeps you from... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I own a gun if my husband is a felon?

I am not a felon, my husband is. Can I own a gun? I would store it in a safe that only I have access to.

Charles Watts
Charles Watts answered on Dec 13, 2021

Technically - yes you can, so long as you store in such a manner he cannot have access to it. Be very careful in what he has access to since if he is found with access to it then he could be charged with possession after former conviction.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My PTC was continued to another date to be set for plea or trial? What does that mean?

My court docket reads PTC CONT TO 12-15-21 AT 1:30 PM TO SET FOR PLEA OR TRIAL.

If it gets set for plea does that mean I have to take a plea that day? Or will the judge set another court date for plea and sentencing?

Tracy Tiernan
Tracy Tiernan answered on Dec 8, 2021

I’n most instances once your attorney negotiates an acceptable final plea bargain you can usually waive your trial rights (in felony cases you would also waive your right to a preliminary hearing), plead guilty (or no contest) and get started on your probation or agreed to punishment. You will... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a felony conviction from 1979, and I have a pardon, can I be expunged?

Case # CRF-79-1268 , OK DOC#: 102168

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

Yes. You qualify for a full, arrest-records expungement based on the fact that you received a pardon. You will want to contact an attorney who handles expungements, discuss with the attorney your qualifications, and I imagine (based on recent expungement cases I have handled recently) you could... Read more »

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Oklahoma on
Q: I need to speak with an attorney regarding a Second Degree Burglary charge I am currently facing.

I was pretty much bullied into opening the car door for my abusive boyfriend (now ex boyfriend) so he could load 2 weed eaters he had just stolen from a storage unit, into the back seat of his car. I opened the back door like I was told to, and Got directly back into the vehicle. I am being charged... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 5, 2021

If you know about a crime, you go with them to the crime scene, you stay with them and you leave with them knowing what has occurred, you will almost always be charged as a codefendant. If you could show some coercion was applied to you, threats of some sort if you did not comply, and that you did... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: What is a OR district bond
Tracy Tiernan
Tracy Tiernan answered on Dec 3, 2021

This is a type of release granted by the Court (“Own Recognizance” bond), where the defendant is allowed to be released from jail or allowed to have a warrant recalled based solely upon his/ her own promise to reappear at court for all future court dates without having to hire a bail... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: What is the best way to find police jurisdiction in oklahoma?

I was pulled over outside city limits by a city cop. I'd like to validate he was in his jurisdiction. I'm having no luck with google searches. Any advice is wonderful! Thank you so much.

David A. Cincotta
David A. Cincotta answered on Nov 29, 2021

Using Google Maps and searching for the city will generally highlight the city in a different shade/color. Often, the municipality's website will have a downloadable map of the city, which should show you the outer boundaries of the city.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have already pled out and the case has been closed is the bondsman able to file bail jumping for non pymt

I went to jail in 2018 then bonded out and my case closed shortly after, is the bondsman able to file bail jumping for non payment

David A. Cincotta
David A. Cincotta answered on Nov 29, 2021

No. Bail jumping is a charge for those who are alleged to have absconded and missed a court appearance. It doesn’t appear that occurred based on your description.

If you still owe money to the bondsman and you previously agreed to pay him or her, the bondsman is able to file a civil...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How much is it for 1 felony and 6 misdemeanors one simi violent I have one more year of probation left
Tracy Tiernan
Tracy Tiernan answered on Nov 16, 2021

I don’t have enough information to answer your question. It sounds like you’ve got a new felony arrest with a bunch of misdemeanors while current being on probation for another case? Don’t know whether it’s felony or misdemeanor case that you’re on probation for. As far as how much it... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Being charged with a stolen vehicle that I bought and paid for legally.

April 30th 2021, I bought a truck off of a private seller. I paid $17,500.00 for the truck. Before, buying I had the vin number checked on the truck through the Oklahoma Tax Commission, Bumper to Bumper, and NICB's VIN Check. Every single one came back free and clear. Fast forward to July 3,... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 15, 2021

It appears that you must immediately discuss your present criminal charges with a criminal defense counsel licensed in the jurisdiction where the original charges were filed without any delay.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I have a 2013 conviction assult an battary on minor now have charge of a&b in presence of minor will 2013 against new 1.
Tracy Tiernan
Tracy Tiernan answered on Nov 14, 2021

We really don’t have enough information to answer your question with specificity. Assault snd battery on a minor (your previous arrest) can be charged as a Felony. While the charge you have recited, “assault and battery in the presence of a minor” (I’m assuming you mean... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: what action do I take if my P.O. Motions to revoke for non compliance with probation conditions
David A. Cincotta
David A. Cincotta answered on Nov 9, 2021

First, a violation report by your PO does not automatically mean that the DA will file an application/motion to revoke your sentence. I suggest you take two actions. First, find your case on OSCN and monitor it to see if an application/motion to revoke is filed. If it is filed, a warrant will... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Oklahoma on
Q: How can I get 7/11 or the suspect(s) to be held liable for damages to my vehicle and PTSD?

My car was caught in the crossfire of a shooting that occurred at a 7/11 a month ago. My car suffered damage, and I was indeed in my vehicle the time of the shooting. Luckily, I did not have any physical injuries. I am needing direction on how and who to hold responsible for my damages.

David A. Cincotta
David A. Cincotta answered on Nov 8, 2021

For restitution for the damages to your vehicle, contact the DA's office prosecuting the individuals who were shooting. If you don't know if charges have been filed, you can contact the police department to inquire. The DA's office will generally have you fill out and submit a... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a person bails out of jail, do they lose the opportunity to get a state appointed attorney?
Tracy Tiernan
Tracy Tiernan answered on Nov 4, 2021

The quick answer is “yes,” if the bond amount posted was a meaningful amount. If it was a nominal bond like $100 or $200, and if certain other circumstances exist suggesting indigency or the financial inability to hire an attorney, then Judges will sometimes allow you to remain out on bond and... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.