Oklahoma Criminal Law Questions & Answers
Q: If you’re caught by gang force with a gun can u be charge with a gang related offense??
I was harassed by gang task force after I got off work I was sittin in a parking lot when they rolled up on me and search my car.. for no reason.no traffic stop or nothing just came to my car?? Charge me with poss of firearm and a gang related offense I was the only one in the car
Laying the charges and proving the charges are two different issues. The police can lay the charges if there is a foundation and the officer reasonably believes that there is a gang affiliation. Proving that you are a gang member in court is an entirely different issue that certainly will not be... Read more »
Q: If you are a felon..can you still be granted probation
I’m getting accused of a gang related offense and charge with poss of firearm.nothing was gang related of the situation..didn’t even do a traffic stop just search the car
Yes, it is possible for a convicted felon to be granted probation.
Q: I was charged with intentent to distribute 290lb. Of marijuana, is this considered "aggrevated" trafficking. 1x offense
Prosecuted by US attorney. Federal charge for intent to cross state lines. First time offense.
Yes, this can be charged as aggravated trafficking depending on whether you are in federal court or state court. The prosecutor's office decides what crime will be charged against you. You need to hire an experienced defense attorney immediately.
Q: I wrote an anonymous letter to Oklahoma, and it ended up not being that way, because the fax out the location.
I wrote an anonymous letter over a year ago (actually several) regarding a case. The letters were all attached to that case file, made for public viewing via PDF format. Issue is, the letters has the location of the letter because they were faxed. So in the end, not anonymous. How can I get those... Read more »
Your question is not clear. You cannot just write a letter to the state of Oklahoma. Please re-post your question with more details and I will attempt to address your concerns.
Q: My son was charged with a contraband charge for something that he was not present to see officer find during the search,
They said $800 surety bond. They had already done several searches of clothing and everything checking pockets and all. Then all a sudden a officer comes in after he been locked in a cell and says he found contraband in a pockets that we know had been searched many times. He did have my son... Read more »
You need to hire an experienced defense attorney to fight these charges for your son.
Q: If someone alludes an officer on foot is it a felony
Yes, it can be a felony
Q: Is it child abuse to consume alcohol and something occurs such as the child leaving the house unattended. Is it neglect?
There was an incident where I as a parent consumed alcohol with a bac level higher than expected. I went to bed that night and my son left the house. He was two at the time. I’m being charged with child abuse but I was wondering if it’s neglect instead. When I went to social services they... Read more »
It is not clear whether or not you are talking about DHS charges of child abuse or criminal charges of child abuse. For DHS, no, this will always be on your record. If it is criminal charges and you receive a deferred sentence you may be eligible to get the record expunged at a future date.
Q: Can the Da dispose a weapon in a case without having it tested for DNA or prints but get the defendant convicted
And in the process of disposing the weapon create a forfeiture and seizure but never send me or my attorney the final order of forfeiture I just filed motionfor DNA testing on the disposed firearm can this finally get dismissed
Yes, if the proper procedures are followed. There must be a court order to destroy evidence.
Q: Is there any way I can fight a community sentencing revoke?
My friend is in the community sentencing program in Delaware County. He's been through rehab and didn't get any new charges he was just on the run I guess for about almost a year. We're hoping we can maybe get him a the irf program or another option thats not him going to prison for crazy amount of... Read more »
Yes, but you will need to hire an attorney.
Q: IF officer see someone walking can they with no probable cause run back ground search on that person.
Yes and on a tag and on....
Q: In Oklahoma law can they make you travel to an other county for drug court?
Yes, if that is the proper jurisdiction. You need to speak to your attorney regarding the details of your case.
Q: If a person is legally separated in Tulsa Oklahoma is it illegal to have a sexual relationship with someone else?
If you are legally separated and don't plan on getting divorced. Youngest child is 19 years old and still lives at home and my wife and I will be living together but want a legal separation indefinitely.
Adultery is not prosecuted in Oklahoma.
Q: "Defendant failed to report for D A Supervision as ordered by the court." My understanding. I didn't go to setup proba
The way this is worded to me . I never showed up to DA supervision orientation never set up payments was never in their office is that correct?
This can also mean that you did not set up your probation or that you did not report to probation every month as required.
Q: abscounding probation i have job almost got my fines caught up am now paying warrant on ticket am on hep c treatment
In ok have 2 years left no new charges need dl have $ for it want to take care of this but dont want to mess up treatment for hepc. Is this manadatory revocation to be sent back to prison
I completed 14 year sentence in doc had 6 on paper just now able to get dr and health in check to... Read more »
This all depends upon your individual circumstances. The best thing that you can do is hire an experienced criminal defense attorney to assist you. Hopefully your attorney can help you prevent jail time.
Q: If my brother filed for a fast and speedy trial while incarcerated in 2016 and never received a writ what can he do
Oklahoma
The family should hire an attorney to file the appropriate motions in court so that this issue can be heard by a judge.
Q: 2 minors knowingly left with household with unreported child molester : who should be reported and to which agency(s)?
The Oklahoma non-custodial parent became aware his ex-wife left their two boys, 8 and 11, for a week with her sister, an RN, whose 18 y.o. son, a few years earlier, had been found to have sexually abused the minor children of a relative and a neighbor, also an RN. The families agreed not to... Read more »
I recommend non-custodial parent discuss with an attorney to determine if there is a duty to report and in the event he wants to pursue a modification of child custody based on these circumstances.
Q: Im.a felon can I on a crossbow cause my.probation says no cause the trigger and the Oklahoma statue says nothing about
Yes the Oklahoma fire arms act says nothing about a trigger mechanism defining what's a firearm so i.ask about the cross bow can I be a felon and have a cross bow.for.hunting purpose or.in general
No, you cannot.
Q: Is this a violent felony in the state of Oklahoma?
Please repost your question with the felony that you are seeking information about.
Q: What charge would a person that is sending another person threatening text messages to another person be charged n okla
He has many felony charges
Most likely “threatening to perform an act of violence”
Q: Do I need an attorney to sue my mother's bank who allowed her second husband to take her money, and close her accounts?
Her 2nd husband made her sign a Prenuptial Agreement. A year ago, my mother granted me, her daughter, Durable power of Attorney for financial management. April 23, 2019, Her 2nd husband filed a Petition to become her guardian and control her assets (breach of the Prenuptial) which I am contesting.... Read more »
You definitely do need a lawyer; but not to sue the bank.
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.
