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Oklahoma Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: if my daughter is 18 and she’s dating a 13 year old and nothing sexual is happening, would she get in trouble, how much?

they’ve been dating since she was 17 and she just turned 18 not even a month ago.

Brian Boeheim
Brian Boeheim answered on Oct 2, 2020

Generally speaking anytime there is an adult and the minor under the age of 16 years, you have considerable risk, in that the minor cannot give consent to anything. Also, Lewd Molestation, child pornography, etc. are charges that could be alleged for as little as selfies in bathing suits, or... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: If someone us currently fighting a possession of marijuana with intent and child neglect charge what do they do

This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license

David A. Cincotta
David A. Cincotta answered on Aug 5, 2020

The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: When the Feds issue a warrant for a Felony arrest do they post it online in Oklahoma like most counties do?

My felony warrant was recalled. Prosecution filed a motion to recall pursuant McGirt v. Oklahoma. Since the Feds will be flooded with back cases as well as current cases, my guess is the most violent ones will take priority and not refile on all the rest. But if they somehow do decide to prosecute... Read more »

David A. Cincotta
David A. Cincotta answered on Aug 4, 2020

Generally speaking, no. A federal warrant issued pursuant to a grand jury indictment, information, or complaint is usually filed under seal until the arrest has been made. The federal government uses the PACER system for court records, which is available to the public, but you must have an account... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: I have a few felonies I discharged from years ago in Tulsa. Being Creek Indian can I get those thrown out now?

The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... Read more »

David A. Cincotta
David A. Cincotta answered on Aug 4, 2020

Yes, that might be possible; however, it is only certain felony crimes that the federal government has exclusive jurisdiction (thus depriving the State of Oklahoma of jurisdiction). For all other felonies committed on Indian Country committed by or against Native Americans, the State of Oklahoma... Read more »

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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.

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: Well incarcerated my house is broken should I have been asked if I wanted to press charges or not

I was arrested while I was arrested my house was broken into should I have been asked if I wanted to press charges or not

Brian Boeheim
Brian Boeheim answered on May 3, 2020

The idea of "pressing charges" isn't really the way it works. The DA is the only one who can file charges (press charges). They have complete discretion. The police and the DA may ask you if you want to testify (come to court), but that is really as far as it goes. Now if they... Read more »

1 Answer | Asked in Family Law, Civil Rights, Federal Crimes and Juvenile Law for Oklahoma on
Q: I’m 17 and pregnant, am I legally an adult? Can I legally move out or get in trouble with law for “running away”?
Pete David Louden
Pete David Louden answered on Apr 24, 2020

Are you legally and adult? No. You are an adult when you are 18.

1 Answer | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Oklahoma on
Q: If my first DUI was on my juvenile record, will my second DUI be a felony?

One of my friends got his 3rd DUI about 2 weeks ago. He has two previous misdemeanor DUI’s on his juvenile record. He was ordered to go to victims impact classes and to attend AA after he completed a year long rehab. He hasn’t completed all of his classes and is behind on court/probation... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 4, 2020

Aggravated DUI is always considered a felony. It is based on a blood alcohol level of over .15. The key to to fight the breath test or the blood test. This is complex, but if done right can save you a great deal of heartache and money. If it is in or around Tulsa, give us a call and we can... Read more »

1 Answer | Asked in Federal Crimes and Criminal Law for Oklahoma on
Q: Is there a website where you can search federal cases and see the details like you can state cases for free?

I want to find the details from my fiance's federal case, for example his official charges and sentence terms. Is this public record? For state cases I use odcr.com and find any public record on file with details. But I can't find this kind of information on the federal level?

Gary Kollin
Gary Kollin answered on Jul 2, 2019

Scholar.google.com

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Oklahoma on
Q: When a federal law appears to contradict a SCOTUS majority opinion, but is not directly addressed; which preempts?
Melissa Oxford
Melissa Oxford answered on Jun 17, 2019

It depends on when the federal law was enacted, before or after the opinion, and whether or not the opinion addresses the statute and declares it unconstitutional or otherwise invalidates it.

1 Answer | Asked in Federal Crimes for Oklahoma on
Q: How do I find out what judge has been assigned to a federal case

I need to know what judge will be hearing the case of USA v. Brandon Hatchett case 5: 19-cr-00148-D in the United States District Court for the Western District of Oklahoma. I believe the court date is 7-9-19

Gary Kollin
Gary Kollin answered on Jun 7, 2019

Call the clerk’office

1 Answer | Asked in Banking and Federal Crimes for Oklahoma on
Q: My mother had a payable on death benefit on her savings, checking and cd's. When is the money available to me?

my sister works at the bank. She spent most of the money in the checking before notifying me of the PD.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Not until someone delivers an original or certified copy of your mother's death certificate to an officer of the bank. If your sister is not a beneficiary and is taking money out of any of your mother's accounts that contain payable on death clauses she is stealing; report her.

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: If charged with animal cruelty is it possible to just get fines?
Gary Kollin
Gary Kollin answered on Feb 24, 2019

Anything is possible

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: What could help my boyfriend from getting these charges against him what is some options
Gary Kollin
Gary Kollin answered on Nov 27, 2018

I do not know what "these" charges are.

Without a comprehensive review, it would be impossible to answer.

If he is facing serious charges, then a relatively small amount of money spent now may realize tremendous future savings.

Retain an attorney.

Or if he...
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1 Answer | Asked in Federal Crimes for Oklahoma on
Q: if you are serving a prison term and have warrants in other counties what can you do to take care of it while in prison

My boyfriend is currently serving a 10 year sentence. He has an outstanding warrant for failure to appear in court from another county that he got before going to prison and another warrant in a different county for failure to appear while he was in prison. What can he do to take care of both... Read more »

Gary Kollin
Gary Kollin answered on Sep 14, 2018

Is he in federal or state custody? If federal, he has to comply with Interstate Agreement on Detainers. you can probably find it by googling that and adding Oklahoma

If state, then he either files a motion or a petition for habeas corpus ad prosequendum

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: Name spelled wrong on warrant, place of arrest wrong but in report correct,used keys from my purse to get in house

I was in Sallisaw PD the night it says my warrant for unpaid fined was issued (4/28/17) but arrested on5/1/17 officer pulled my Friend over yet came to my window (passenger side) I gave her my phone before I was cuffed officer made her give him my phone threatened her probation if she didn't... Read more »

Gary Kollin
Gary Kollin answered on Jul 6, 2018

This is not a fedral crime

What is the question?

You must have an attorney by now. You should confer with your attorney in a confidential setting, not in a public forum

2 Answers | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: Can a sentence be modified or reduced when laws change and punishments of crimes convicted of become less severe?

If a person is convicted on burglary 2 charges for auto burglary and while incarcerated a bill passed changing that to burglary 3 with a much lighter sentence, can the new laws apply to the inmate resulting in a modified sentence or release?

Gary Kollin
Gary Kollin answered on May 9, 2018

Please read the linked newspaper article below.

http://floridapolitics.com/archives/250441-constitution-revision-allow-retroactive-criminal-law-changes

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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: Can a charge of as&b with a deadly weapon hold if they have no evidence an no report or pictures an no proof?
Doak Willis
Doak Willis answered on Apr 17, 2018

If the DA filed those charges against you or someone else, I would bet they have evidence which they think can be used to prove the elements of the crime. In answer to your question it basically was answered by your question. If they have no proof they would be incapable of convicting someone of... Read more »

Q: While I was in a relationship we shared a computer,separate profiles & passwords. Is the info. on my profile protected?

While dating I made an account on my boyfriend’s Mac computer. After the breakup he went into my profile to get my iMessages. Once inside my profile (on his computer), without my permission. he found sexual fantasy text messages and is threatening to send them to my parents or destroy my chances... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 7, 2018

It is not, however you should contact the other party to advise they have no consent to access your private accounts. You should also seek to protect those accounts. Should those accounts be accessed, it can constitute an illegal “hacking,” and you should file a police report immediately.

1 Answer | Asked in Child Custody, Criminal Law and Federal Crimes for Oklahoma on
Q: Will I get my child taken away?

My charges are two counts of distribution of cds (marijuana) and possession sold two grams total. the guy was a undercover cop this case is a little different I had just set up the deal basically my friend was selling the marijuana and I helped her make a sell she's also in the same case.... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Mar 4, 2018

Stop admitting to committing crimes—online or anywhere else.

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