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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Collections for Oklahoma on
Q: Were my rights violated?

I went to court unrepresented, the judge was upset with that and locked me up. I do not recall any formal reason from him other than that. I stayed in jail for two weeks just to qualify for public representation. I wasn't given forms to file for one until the district attorney was called and... Read more »

Tracy Tiernan
Tracy Tiernan answered on Jan 21, 2020

most judges are reasonable and quite tolerant in terms of giving you time to secure private counsel to represent you if you bond out of jail. I suspect the judge gave you more than one chance to show up with an attorney and you were either unable to secure one you could afford or you refused to do... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What's the chances of a poss w/ Intent sticking when the amount of CDs is very small less then a gram
Brian Boeheim
Brian Boeheim answered on Jan 16, 2020

A very small amount in a a single baggie with no money or scales should be a clear cut Possession only charge. If there are multiple baggies, no device for consumption and money or scales there is a chance they can get it past preliminary hearing. The Possession with intent statute is one of the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Where do you find if you have bench warrants?

Can I find out if I have bench warrants on the courthouse website under records or is there another place to find out?

Doak Willis
Doak Willis answered on Jan 8, 2020

Look on the web at ODCR.com or OSCN.net.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I recently was informed of an up upcoming court for a traffic stop that has been pending. The charges are P.I.,leavin sc

Leavin scene/damage, DUS, no ins. What can i expect when i get to court ? Would it be in my best interest to hire a lawer or use court appoint attorney ?

Doak Willis
Doak Willis answered on Jan 8, 2020

Hire a good attorney always.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I'm a witness in a aggrivsted assult n battery case and I gave statement of incident but after thinking on the night

I cant honestly say that I saw him hit the victim. Was very dark and impossible to see . Can I change my statement and not have b witness in case

Doak Willis
Doak Willis answered on Jan 8, 2020

You can contact the officer who took your statement and relate to him/her what your now stating but the DA is the person who controls whether you will be subpoenaed to testify or not.An officer cannot tell you that you won't be a witness.

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Why was the assistant DA removed from my case & the DA over it now? Its from 2007 & revocation hearing is next month.
Doak Willis
Doak Willis answered on Jan 8, 2020

There can be number of reasons why an assistant was taken off the case. It doesn't really matter which attorney in the DA's office is handling the revocation.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I recently was informed of an up upcoming court for a traffic stop that has been pending. The charges are P.I.,leavin sc

Leavin scene/damage, DUS, no ins. What can i expect when i get to court ? Would it be in my best interest to hire a lawer or use court appoint attorney ?

Tracy Tiernan
Tracy Tiernan answered on Jan 7, 2020

Not enough information to know what exactly could occur in terms of an offer of punishment or plea bargain. You need to hire an attorney immediately. If you are indigent (can't afford a private attorney) then you can complete a pauper’s affidavit and seek a free attorney to represent you.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I'm trying to find out if my son has court today or tomorrow

They say he went to probable cause on the 2nd of January but not showing another court date is what the county jail told me. This makes his 3rd probable cause since in jail.

Tracy Tiernan
Tracy Tiernan answered on Jan 6, 2020

You may call any of probably 1000 criminal attorneys and we can answer your question. You can also call the court clerk at the courthouse where the charges were brought.

1 Answer | Asked in Civil Litigation, Criminal Law and Landlord - Tenant for Oklahoma on
Q: Is it illegal to enter a public storage unit that has no lock on it and the overhead door is already open halfway?

The storage facility does not have a lock on it and the gate I open 24/7 the unit has a big overhead door and it was halfway open. The lock was not on the door or present. Would it be against the law for someone to enter it and take items,?

Brian Boeheim
Brian Boeheim answered on Jan 4, 2020

The simple answer is yes. It would be Burglary in the 2nd degree in Oklahoma. Even if they wanted to generous it would be breaking and entering and larceny.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69879

Title 21 O.S. 1435

1 Answer | Asked in Criminal Law for Oklahoma on
Q: i got possession of marijuana and minor possession of tabacco and i was just wondering what my consequences might be

This is my very first offense of any kind

Tracy Tiernan
Tracy Tiernan answered on Jan 4, 2020

There are a lot of different variables that could affect the path your case tales. With no prior convictions you’re much more likely to have a very favorable resolution that you have had previous runnings with law-enforcement or juvenile authorities. . You need to consult a criminal defense... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: My brother broke his probation my aunt pressed charges for knocking her teeth out she had her kids jump him he has hhd

right now he isn’t charged with anything but he’s a pending case & he’s about to be charged w salt & battery and breaking his probation but in his self defense he knocked her teeth out with his feet

Brian Boeheim
Brian Boeheim answered on Jan 2, 2020

Without more information it is hard to give you guidance. I would have to see the ATR his probation and the police report on his new case to give you an idea exactly how much trouble he is in. If this is in Tulsa, give us a call and we'll try to help. 918-884-7791 Boeheim Freeman Law

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1 Answer | Asked in Criminal Law and Family Law for Oklahoma on
Q: Say if I had sexual relations with a half sibling who is in their 40's would it still be illegal?
Brian Boeheim
Brian Boeheim answered on Jan 1, 2020

§21-885. Incest

Persons who, being within the degrees of consanguinity within which marriages are by the laws of the state declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be guilty of a felony punishable by imprisonment in...
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1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: What's the chances of going to prison if ive been charged with abuse of the elderly first offense
Tracy Tiernan
Tracy Tiernan answered on Dec 31, 2019

Most attorneys that will respond to this question will, understandably, want your business first and foremost. Here’s the truth. To quantify percentages of people who go to prison on the first offense it probably sounds like somewhere around less than 1%. But when you break it down, there are... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is there a way I can still have the case continued where I dont testify in court infront of the gentleman?

He makes me really un easy just being around him

Tracy Tiernan
Tracy Tiernan answered on Dec 31, 2019

Unfortunately you need to provide some additional information for a reliable response. Are you a defendant (doesn’t sound like it)? Or are you a victim or other witness (sounds more probable)? Cases get dismissed when witnesses fail, or refuse, to testify. They can be passed or continued at the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I had an expungement a few yrs back and got arrested today, would the police's background check automatically show it

I was arrested and convicted of a felony 15 yrs ago. The charges were later reversed and dropped on appeal. A few yrs ago, I received a complete expungement. If I got arrested today, would the police or d.a automatically find the expunged charge, or would they have to search deeper and for a... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 23, 2019

It’s difficult to answer that question without additional information from your case. We would need to know the specific charge, the manner in which it was disposed of, whether it was a felony or misdemeanor, things like that. Some expungements go very deep and can get rid of the arrest record... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I'm trying to find the Oklahoma Statue on Split Sentencing and/or the rules governing split sentences.

A defendant received a split sentence. He was on the probation part of his split sentence, when he was released into another county's custody. He was sentenced in the other county and sent to prison. While at the other county, he attempted notified the original county that he needed to be... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 17, 2019

I am not sure about your question. On a split sentence, once the person is discharged from DOC on the front end they are done with that portion of the sentence. They will only have the probation on the back end to deal with. It is dealt with in the same manner as straight S/S probation.... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Oklahoma on
Q: What information do I need to obtain in order to get proof of my attorneys malpractice
Brian Boeheim
Brian Boeheim answered on Dec 14, 2019

Not sure what you are asking? If you want to see if they have malpractice insurance, then like any type of insurance, your attorney should have a policy he/she can show you.

If ont he other hand you are speaking of a failure on the attorney's part to do their job, which caused you...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do I have to register as a violent offender if I was convicted in 1997 in the state of Oklahoma
David A. Cincotta
David A. Cincotta answered on Dec 13, 2019

It depends. Registration (violent registration and sex offender registration) issues are reliant upon case-specific facts and often prior versions of statute still apply to specific individuals. Therefore, there is no way to provide a simple yes or no answer to your question. There are... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is enabling child neglect that was amended from child neglect a violent time prison felony??

My boyfriend was previously charged with child neglect and was amended to enabling neglect

Brian Boeheim
Brian Boeheim answered on Dec 11, 2019

Yes, enabling child neglect is still a violent crime under 21 O.S. 13.1 and 21 O.S. 843.5.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Oklahoma on
Q: Can an investigator be held accountable for perjury if his affidavit of support is heavily relying on the falsehood?

The falsehood was a flat out lie that I had no business at the courthouse on day in question. That my sole intention was to be there to harass and intimidate a person who has a protective order on me. There can't honestly be a valid reason he didn't know that I was the petitioner and the other was... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 7, 2019

It wouldn't be perjury, but it could be considered prosecutorial misconduct. The reality is that there is very little that can be done about these types of misrepresentations. It would just be passed off as a "reasonable belief" based on the informations and evidence they had at the time. The... Read more »

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