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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Copyright and Criminal Law for Oklahoma on
Q: Is it illegal for someone to take photos off of my Facebook account of my child to post on there account

Someone I don’t know took photos I had posted on my Facebook account and posted them on their Facebook account pretending my child was theirs

Steve Charles Vondran
PREMIUM
Steve Charles Vondran PRO label
answered on Jan 24, 2023

If you took the image, it is your image (i.e., you own the copyright - even if you never registered it). Being that the use by the imposter would not appear to be commercial in nature, suing for copyright infringement may not be the most exciting option (especially since you cannot get attorney... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can county issue a warrant for failure to appear if they've been notified that the person is in jail in another county

My friend bonded out of one county but had a hold on another county. His court date is in two weeks and he was told that if he was still in jail in the other county that they would issue another warrant for failure to appear. And that even though he has met his bond that they might keep him until... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Jan 20, 2023

Typically, the courts will issue a warrant if a defendant does not appear as previously ordered - even if the defendant is in custody somewhere else. The court typically won't order the bond forfeited if it is clear the person is in custody elsewhere, but that helps the bondsman and not the... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Is it illegal to open your child’s mail that’s addressed to your house if they’re 18?

My parents will not give me mail or will go though it without asking me first, I’m 18 and I’ve heard that it’s illegal but I want to make sure.

Charles Watts
Charles Watts
answered on Jan 10, 2023

In the state of Oklahoma you are considered an adult with some exceptions when you turn 18. The Federal Government has stated it is not legal to open another 'adult' persons mail without their explicit consent (such as in a wife opening a husbands or vice versa, a secretary opening the... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Oklahoma on
Q: In the state of Oklahoma, can an employer go through your bag without consent?

A previous employer of a friends went through her Fanny pack without consent, lied about how they found/saw what was in the bag and then fired her for something completely different and basically without cause. There’s video evidence of her boss going into her bag without consent multiple times... Read more »

Charles Watts
Charles Watts
answered on Jan 10, 2023

This is a complicated matter, because with employer rights they can have policies in place that would allow a search of belongings (for specific purposes), however, there is also an expectation of privacy that has to be protected. You should contact an attorney so they can fully review all the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I got arrested in July of 2021 and they indicted October of 22 I go for arraignment on February 1 2023

My attorney should file for dismissal the case is in texas

Charles Watts
Charles Watts
answered on Jan 10, 2023

First, this is a forum for Oklahoma, if your case is in Texas you should repost this in Texas for their input because you have to be licensed in Texas to give legal advice in Texas. Second, you have no question to be addressed, you seem to have the conclusion that it should be dismissed. Contact... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If supervision fees are waived why are 991 fees still being required?

It's not for a bogus check, education or drug court.

Tracy Tiernan
Tracy Tiernan
answered on Jan 2, 2023

In Tulsa County, and in many other counties, a $40 per month probation “supervision fee” will be charged by the supervising entity that is in addition to any fees owed to the cost administrator on a payment plan for “fines and costs.”

Often times if you have completed most of your...
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2 Answers | Asked in Criminal Law for Oklahoma on
Q: What are the steps that need to be taken when someone has used my name for 5 court cases? 2 of them have warrants

The two with arrest warrents were issued from animal welfare.

Tracy Tiernan
Tracy Tiernan
answered on Jan 1, 2023

You need to contact a criminal defense, attorney, as soon as possible, supply them with all of the pertinent facts, locations, jurisdictions, copies of citations, etc…and they will guide you.

In some instances, the police who pull someone over in a traffic stop will have on their body...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend received a simple driving under suspension ticket, and paraphernalia charge. How much time will they get?

Second driving under suspension arrest. And no drugs were found with paraphernalia.

David A. Cincotta
David A. Cincotta PRO label
answered on Dec 28, 2022

Every case is different, but it is possible your friend won't have to serve any time. Each crime you describe is a misdemeanor and each has the potential of a sentence no longer than a year in the county jail. Your friend should contact a criminal defense attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the statue of limitation on knowing conceal stolen property

In the state of Oklahoma

David A. Cincotta
David A. Cincotta PRO label
answered on Dec 28, 2022

The limitations period that the State has to file the crime you ask about is three (3) years. Keep in mind that limitations on the period of time the State has to file a charge is different than speedy trial issues - the period of time the State has to bring the case to trial. If you have been... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If I ignore a subpoena, will I get in trouble? I wasn't there but I was the one who called 911.

Its a domestic violence case, I was not there but was on phone with victim, call got dropped and no answer when I called back, so I called the police.

Tracy Tiernan
Tracy Tiernan
answered on Dec 15, 2022

What a great question! And what an unbelievably common question in domestic assault and battery cases. Just about any criminal defense attorney will have a story about victims having a change of heart and wanting to stop this speeding train of prosecution against the father of their children or... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Is a field test required by an arresting officer during a traffic stop? i.e. meth

How can someone be arrested for a simple possession in Oklahoma if the substance was never tested at the scene? Is the substance automatically sent to a lab to be tested? How long can this test take? Can an individual request these results? Should there be a certain amount in order to be tested?... Read more »

Brian Marc Roberts
Brian Marc Roberts
answered on Dec 2, 2022

Many agencies have stopped field-testing substances they believe to be drugs based on their experience with narcotics and the appearance of the substance. A few years ago a couple of officers were rushed to the hospital after being exposed to a narcotic after opening the container it was in and... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello what is the Federal guidelines in order to qualify for a court appointed lawyer in Oklahoma?

What is the federal poverty level for an individual? Basically how is this figured?

David A. Cincotta
David A. Cincotta PRO label
answered on Dec 2, 2022

Typically, someone who is out-of-custody will be required to complete an application for a court-appointed attorney (the application form is likely available through the court clerk, the court, or the public defender's office in Oklahoma County). The courts will require that you fully complete... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Oklahoma on
Q: I wasCharged in '16 w/ felony of knowingly concealing stolen property amount of 500.00$ but it was just changed to1,000

Can I possibly be retried or have a modification to my sentence

David A. Cincotta
David A. Cincotta PRO label
answered on Dec 1, 2022

You are likely eligible for an expungement of all records of the offense (because of a change in law to make those convicted of a felony that has been reclassified as a misdemeanor eligible much sooner than others convicted of a felony). Unfortunately, you will still have to obtain a pardon first... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a felon hunt with a replica muzzleloader in Oklahoma since by definition it’s not a firearm?

I would like to know if I can hunt with a muzzleloader in Oklahoma, I’m a convicted felon but I’ve never been to prison. I’m not on probation and all my fines are paid off. I asked the chief of the law enforcement department of the Oklahoma wildlife conservation and he said I could not hunt... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 22, 2022

Convicted felons are prohibited under State law to possess "any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm."

A firearm is defined by Oklahoma law as any weapon from which a shot or...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello, what's the sentences for Possession of a stolen vehicle, Assault with a dangerous weapon (non domestic), No DL

Second time tried as an adult on felony case, but priors were all dismissed

Tracy Tiernan
Tracy Tiernan
answered on Nov 18, 2022

Possession of stolen vehicle can be charged a couple of different ways, usually charged where it carries up to two years in prison while assault or assault and battery with a dangerous weapon carries a minimum of zero and up to 10 years in prison. There’s a misdemeanor option on the dangerous... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a question I was on a 20-year suspended sentence just got off of supervised probation hasn't haven't been in any

Violations and my girlfriend was trying to commit suicide by taking my insulin and I tried to get it away from her and I've been charged with a domestic misdemeanor and now I have missed my court date and she was subpoenaed is it true that if she doesn't show up to court that that's... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Nov 18, 2022

Well, your first issue is that you have a warrant for your arrest for missing court. That’s going to need to be handled immediately. You need to contact your bail bondsman to see if they will agree to stay on the bond and get that figured out.

Next, yes it’s not uncommon for the...
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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Us it true that if you get your first felony in Oklahoma between the ages of 18-25 you cannot receive a suspended senten
Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2022

Your question is not completely clear as to what you’re asking. It sounds like you’re stating that someone between the ages of 18 and 25 years old who gets arrested for their first felony offense is not able to receive a suspended sentence. What that statement implies is either that this... Read more »

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1 Answer | Asked in Native American Law and Criminal Law for Oklahoma on
Q: I have native American blood but no Indian card is there a dna test I can take to show in court to have a state charge

Dismissed due to mcgirt ruling in Oklahoma? I've been trying to get indian card but it's a process my great great grandmother is full blood Cherokee but she passed away years ago so it's hard to get death certificate. How can I get her death certificate?

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 11, 2022

If you have an attorney, your attorney can assist you in this. If you don't have one, you need one. Death Certificates are somewhat difficult to obtain unless you fall within the list of individuals to whom it can be released. The State Department of Health - Office of Vital Statistics is the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: neihbor went to jail gave me permission to enter house to save dogs that where in kennel went in window filed b&e

jail didnt want to give key i went in window she said to save dogs gave me permission through a message with bondsman to save the dogs i used her icemaker and car jack while she im jail gave it back after i picked her up from jail she lost some weed and called police..i got a b&e possesion of... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 11, 2022

I would recommend you not state in a public forum the facts about your case/charges. You need an attorney, and you should look for a criminal defense attorney in the area where your charges are filed. You may have a defense to some or all of your charges, but you need to discuss the facts with your... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was recently facing a poss. Of CDS with intent in McClain county but had it dismissed on technicality of the Mcgirt

Law so now Chickasaw tribal courts has picked up the case after it was dismissed is this double jeopardy no person shall be tried twice for the same crime

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 11, 2022

No. First, your case in McClain County was not tried (at least by the way you describe it). Rather, it was dismissed prior to trial. In that situation, jeopardy in the first case never attached, so double jeopardy is not an issue. Second, double jeopardy only prevents you from being tried twice by... Read more »

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