Lawyers, Answer Questions  & Get Points Log In
Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Oklahoma on
Q: 1st time offender sentenced for marijuana in 2010 it has been 10 years had deferred sentence 10/25, can I file expunge

1st time offender charged with trafficking marijuana completed parole issue free have 25 deferred. Can I qualify for expungement? In Oklahoma

David A. Cincotta
David A. Cincotta answered on Oct 23, 2020

You say you have 25 deferred. Do you mean suspended? It looks like from the title of your question (by your use of 10/25) that you received maybe a 25-year sentence with the first 10 years to serve for trafficking marijuana, and you were paroled at some point while serving the 10 years, is that... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: It's not in the provisions of probation but the officer says she doesn't prefer probationers have contact with felons?!

Is she allowed to say no contact, except meetings or groups? It is not in the order signed by the Judge. *edit* we wish to get married. He is 15+ yrs clean and I have 2+yrs clean.

Brian Boeheim
Brian Boeheim answered on Oct 20, 2020

Both DA and DOC supervision have a clear restriction on being around felons. There normally is an exception for spouse, but otherwise it is a breach of probation.

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Oklahoma on
Q: Case number # 20 - 54904.. what does this case number pertain to
Charles Watts
Charles Watts answered on Oct 19, 2020

That case number could be a case file number for a particular agency or municipality, however that format does not work with OSCN or any of the county/state courts.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is Adult Baby play illegal in Oklahoma or any state?

I am a Chief of Police in Oklahoma, and I came across a couple that someone wanted to file a complaint on, the husband dresses and acts like a baby, and the wife acts as his mother, at no time was any indecent exposure present, and nothing sexual was present, however they were at a public park and... Read more »

Charles Watts
Charles Watts answered on Oct 19, 2020

Chief, from a state level, it is my understanding, so long as it doesn't violate the lewd and indecent statute then two consenting adults can dress and play as they see fit - this is no different in the eyes of the law as cross-dressing. Key issue is as you stated NO time indecent exposure or... Read more »

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: can Title 22. Criminal Procedure §22-445. Transfer to county of proper venue be used when dealing with a Native American
Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Subject Matter Jurisdiction issues are being argued based on McGirt and Murphy cases in Oklahoma. You need to be on a role and have a CBID card that shows you have a blood quantum. Further the crime must have occurred on Muskogee/Creek territory. I believe there has just been a ruling regarding... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the county attorney wants to put the preliminary hearing off for a later date is that a good thing or a bad thing
Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Depends...if they are having a hard time finding their witness then I don't like it because it gives them ore time to find them. If on the other hand, they are contemplating new evidence that might exonerate you then it is a good thing. Generally, I prefer pushing forward and calling ready.... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I took 2 sleeping pills, 2 pain pills and my new dose of anti depressants and couldn't sleep so I went to walmart.

I scanned my items in self checkout. I noticed the machine was making a weird beeping when I scanned. Finally a worker came over and fixed it. So I went to leave and they asked for my receipt. They contained me saying I was a thief. I dont remember much of the event but I think she said I was... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

You should hire an attorney, even if it is just a municipal charge. These types of charges can haunt you. Let an experienced attorney handle this for you.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Im just trying to get a nother court date Im in canadian county Oklahoma court October 7
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

I think I actually answered this already. Contact two attorneys and get quotes on retainers. Then tell the judge who you talked with and that you need more time to retain them.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Im trying to get my court date put off for another time so I can figure out money to pay one im in Elreno Oklahoma
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

It really depends on how many times you have gone to court whether the judge will give you more time. Usually, most judges, will give you time to retain an attorney. My suggestion is to contact at least two attorneys and get prices. Let the judge know that you have contacted those specific... Read more »

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 »

1 Answer | Asked in Criminal Law and Child Custody for Oklahoma on
Q: Can my 13 year old son refuse weekend visits to his fathers house if he has testified about abuse from his dad?

My son testified that his dad recently held his head under faucet of water as a disciplinary method.

Brian Boeheim
Brian Boeheim answered on Sep 17, 2020

When you say testified, do you mean in court under oath? If that is the case, then I would question why the father still has unsupervised visitation? If you came to me with that claim, I would probably start by calling his attorney and try to get an agreement to adjust the visitation temporarily... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Libel & Slander for Oklahoma on
Q: How can we get my wifes ankle monitor activity for a certain day so we can clear our names and get her out of jail.

Her next court date isn't for another month and a half. She was on ankle monitor at time the crime happened and also there's a video of the couple that actually did it. She doesn't need to sit in jail any longer for something we never did. And what kind of legal action can we take... Read more »

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Hire a true criminal defense attorney.

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I was convicted of child neglect and felony DUI in 2003. My son was in the truck with me...can I get this expunged?
Andrea Worden
Andrea Worden answered on Sep 8, 2020

This statute should be helpful:

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440214

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was intimidated and threatened by my ex to call the da’s office and drop charges against him for choking me.

I made the call out of fear. However I do truly wish to proceed with pressing charges. Should I call the da’s office back and tell them what’s going on?

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Many DA's offices have "victim/ witness" departments to answer these types of questions.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: Criminal conviction in a mun. court not of record. Appeal bond ordered payed before or at time of filing notice. why?

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 »

Frank A. Urbanic
Frank A. Urbanic answered on Sep 3, 2020

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.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can my mother press charges on someone who used her car ran from police and broke her TRANSMISSION.

My mother got her car from impound and the transmission casing is busted up.

Now she has no car and no more cash the person is in jail on warrants but she broke my mom's car.

Can she file charges against her for breaking the car?

Brian Boeheim
Brian Boeheim answered on Sep 3, 2020

Have your mother call the DA's office int he county where her car was stolen and the suspect is in jail. Tell them how much it would cost to fix, or what the vehicle was worth before the transmission was destroyed. The DA's office should include in their charges restitution, which they... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Someone used my name in a Burglary. It definitely wasn't me.. how can I clear this up

there were two suspects. One already plead guilty and the other was the one that used my name and ssn apparently. There is a warrant for my arrest. From my understanding the person that used my name never showed up to court, I guess. I need help

David A. Cincotta
David A. Cincotta answered on Aug 26, 2020

If the person was arrested (may be tricky to tell, but if you want me to look to see, contact me directly), then that person was fingerprinted. If that is the case, there is a process to verify that you are not the person and you can receive a letter from OSBI confirming you are not the person same... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a case be dismissed if they change the dates on a Discovery?
Brian Boeheim
Brian Boeheim answered on Aug 20, 2020

A case may be dismissed for many reasons. If your attorney filed or orally argued a motion to suppress the evidence under Brady or Kyles, or if the change makes it such that the witnesses will be easily impeached at preliminary hearing or trial, then the DA may choose to dismiss instead of facing... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I am in Oklahoma and used my elderly mother's debit card unauthorized.

I charged several times on it for my own needs. Can I repay her the amount I charged before legal case happens?

Brian Boeheim
Brian Boeheim answered on Aug 16, 2020

The right thing to do is to repay her. This will not guarantee that you won't be charged, but she would have to testify that she did not give you permission to use her credit. I would think it is unlikely she would want to testify against you, if you made things right. Depending on the... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do you obtain the discovery packet without a attorney

My fiancé is wanting me to find out how to obtain a copy of his discovery packet he has no attorney Would this be something that I could do for him and if so what steps do I take and who do I contact if not then who would he need to contact

Brian Boeheim
Brian Boeheim answered on Aug 13, 2020

If he has been designated but he court as acting pro se, then all he needs to do is request it from he DA's office. There may be a nominal charge. If he is in custody, then he should have had a Public Defender appointed to defend him on his charges, and the Public Defender should provide him... Read more »

View More Answers

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.