The judge didn’t get to see specific details like the letter from the psychiatrist.
First, I am not an Oklahoma lawyer. That being said, I don't see why not--as long as your notice of appeal is within the time frame of the OK rules and it is from a final judgment.
When filing a writ of cert to the Oklahoma Supreme Court for a civil case, how does the filing deadline work? If you have 20 days to file from the date of the appelate courts opinion, do weekends count. What if the deadline day is on a Sunday? Was the petition due on the previous Friday or Monday?... Read more »
First, I am not an Oklahoma lawyer. That being said, generally the weekend days DO count if the time period is less than 10 days. So if you have say, 20 days, to get a petition in, those are calendar days. BUT if the last day of the time period falls on a weekend day (or federal holiday) then the... Read more »
Judge ruled in my favor to have my child returned to me but state is appealing.
First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the... Read more »
The trial judge has ordered a cash appeal bond be payed at the time of or prior to the filing of the notice of intent to appeal. This bond is in the same amount as the fines I was sentenced to. Is this not a denial of the right every person has to appeal in every case in Oklahoma? Seems that if... Read more »
No, it's not. There are cases that say they can't do that, yet it's still done all over Oklahoma. Hire an attorney to address this issue with the judge.
4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?
The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:
"The... Read more »
You include four categories for your question, but do not include Criminal Law - although you mention the word "sentencing." If your matter involves sentencing, a criminal defense lawyer should be advising you. As a general matter in virtually any context, appeals are governed by short... Read more »
Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life
Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... Read more »
The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... Read more »
You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might... Read more »
If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider
What county was this in, or was it a municipal case?
I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz... Read more »
What County was this in, or was this a municipal case?
An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.
You should speak with the attorney for the defendant and seek guidance on this issue. The attorney can tell you what potential impact it may have on the case.
my sons mom filed a protective order so I cant see and stop me from getting joint custody of my son and the judge seen text where she told me to come at 8 and still granted it and she used legal aid so they cant help me I got 14 days to file a appeal where do I find help
This sounds like you may have tried to represent yourself without an attorney. Best possible thing you can do is hire an attorney now so that they can help you. Use the find a lawyer feature on avvo and you can select from many highly qualified lawyers.
He had already had a yr revoked leaving 7 more. His time would have been up In 3rd month next year. Can a revoked happen twice. would an appeal slow down his time or would it help
If it has been more than 10 days since he was sentenced he is not eligible to appeal. An appeal won’t delay his release but his chances of winning are almost 0.
The Judge hurried up the matter to the point that the mother's attorney got tome but there was no time alotted to the petitioner.
Yes, Generally in Oklahoma, you have 30 days after a decision to appeal, or file motions. Some motions however must be filed within 10 days.
Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email... Read more »
The entire time, the worker has not allowed any form of contact between me and the child. Even though we already have a relationship and she continues to tell him I'm trying to fostadopt.
judge ordered he be moved to my home as soon as possible once my home is approved. Ever since... Read more »
Immediately You should consult an experienced Family Law attorney for help .
It would appear that a change of DHS caseworker is in order. You should document the prejudice by this worker. Your employment is not a reason to deny when suitable care is available during your work hours.
The laws change due to State-Question 780 in OK on July 01, 2017 and it takes the valuations in 21 o.s. 1713 (KNOWNGLY CONC STLN PROP) up to $1000.00 for classification as a Felony. Below $1.00 to $999.99 of value should be classified as a Misdemeanor correct? Also, if one was charged in the year... Read more »
I agree with answer by Ms. Harroz, however I understand many District Attorney offices will reduce old charges in the discretion of the prosecutor.
If a person plead guilty to $50 fine because their public defender told them that the DA still had enough witnesses testimonies of the defendant assaulting the victim and later defendant finds out that video is called exculpatory evidence & the police failed to view & preserve that video... Read more »
In criminal law, there are very important time frames for appeals and motions to withdraw pleas.
You should IMMEDIATELY contact an experienced Criminal Law Attorney for help. Convictions for domestic violence carry LIFETIME Ramifications!
Gary J Dean, Attorney
I discharged my Suspended sentence 6/2016 app to revoke was issued 8/16, warrant was issued 11/16. At my hearing the judge said he did not care that I completed my sentence. What can I do??
Based on your question, there would not be any jurisdiction over you and no crime. Is it possible that you had some unpaid fines and the suspended sentence was not discharged yet?
They have hired 3rd party people to represent them at the hearing. I assume they are lawyers. Do I need a lawyer to represent me at this hearing? Also, I live in Alabama but my UI claim is going through the OK Employment Security Commission.
If they have attorneys, you will want your own. It would be like showing up to a race and they bring in a supped up sports car and you just bring your van. Maybe you win, but you are already at a disadvantage.
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