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Oklahoma Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Oklahoma on
Q: My husband is facing assault n battery charges for a domestic but he never hit me n I never said he did

We fought over my purse n I fell to the ground I asked to drop charges n was told no he is facing 15 yrs in prison with 10 out how can I help him

Brian Boeheim
Brian Boeheim answered on Oct 14, 2019

He needs a good attorney. The prosecutor either has video or a third party witness and is trying to strong arm him into a plea. Obviously, I don't have the discovery (evidence) to give you any more guidance, but make sure he doesn't give a statement to police and get him an attorney that handles... Read more »

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1 Answer | Asked in Criminal Law and Education Law for Oklahoma on
Q: Is it illegal in oklahoma to deliberately report a false terroristic threat to a school against another child?
Brian Boeheim
Brian Boeheim answered on Oct 12, 2019

Because it is a juvenile, the punishment is limited, and if it was just reported to the school and didn't involve police then the criminal statute below might not apply.

Title 21 O.S. 589(A)

It shall be unlawful to willfully, knowingly and without probable cause make a false report...
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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can a person be ob a Grand jury if they are incompetant or is that a mistrail? If so is it. That person convicted free.

The Double Jeopardy law is in effect in okc ok.

Brian Boeheim
Brian Boeheim answered on Oct 8, 2019

I am not entirely certain what you are asking, but let me take a shot at answering. A person may be found to lack capacity to stand trial. For this to happen a hearing must be held after a psychological evaluation to determine is the person understands the charges against him/her, and is able to... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My 13 year old daughter spent the night with her boyfriend who I have met and trust. Now ex has DHS and sheriff involve

Filed criminal charges against me for rape. How is this possible

Gary Kollin
Gary Kollin answered on Oct 4, 2019

Thank you for sharing. No question asked

all 3 of you need lawyers and should consult with the lawyers before making any statements

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can the protected party be arrested for having someone arrested for violating a protection order where no crime existed?

Title 22 section 60.3(d) states if there is a pending FP FD case a judge in another county cannot include a minor child as part of the final order. The judge ordered the case transferred and consolidated in with thee FP case and set a review hearing for 3 months later. The petitioner never started... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 29, 2019

Yes, it is a criminal offense to attempt to gain advantage by false claims of a need for a protective order. The problem is finding an ADA with the courage to file it, or a police officer to even listen to the idea.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma Is it a violation of Emergency order of protection

In Oklahoma is it a violation of an Emergency Order of Protection that says I can not contact my ex wife to send my Mom to pick up my kids for my court ordered Visitation

Brian Boeheim
Brian Boeheim answered on Sep 26, 2019

Unless the protective order specifically states an exception for communication it is a violation. Any contact is a violation otherwise. The violation is not about the kids, but instead is about the communication. There are specific parenting apps, which are normally recognized by the courts as... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: I need help on I guess filing a motion for a new trial or reconsider motion are filing an appeal for a misdemeanor petty

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

Brian Boeheim
Brian Boeheim answered on Sep 22, 2019

What county was this in, or was it a municipal case?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Guess my name is Megan Fifield and I am looking for an attorney that does pro bono if not based off your income

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 I'm... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 22, 2019

What County was this in, or was this a municipal case?

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: Can I file kidnapping charges on my ex wife, if she takes my kids away somewhere, so that I cant have them on my days?
Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

If your wife takes the kids away and denies you your visitation, and you have a Court Order in place that memorializes your visitation schedule, you can apply to the Court to have her held in contempt of that Court Order. If she is found guilty of contempt, the Judge may impose fines that could... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a person who is on deferred probation for child neglect (unsanitary conditions) be around children?

CPS was called while helping relocate a family member with children, other adults present at all times. Children were threatened to be removed if the adult on probation didn't leave immediately.

Tracy Tiernan
Tracy Tiernan answered on Sep 15, 2019

It would all depend upon what is contained on in the Rules and Conditions of Probation that you signed in your criminal case along with whether you are involved in and being ordered to follow an ISP or some type of parenting plan through DHS (or CPS). Call your attorney and ask.

1 Answer | Asked in Criminal Law and Car Accidents for Oklahoma on
Q: I got a witness notification of court date from ok. It requests me but I live far away. Is this a subpoena/mandatory?

I received a witness notice of court date rrequesting my presence back In Oklahoma for an auto accident in which they are charging the man that hit me. They sent the letter on 9/3/19. I received it 9/10/19 via regular mail and was not served. I’ve called and left messages trying to tell them it... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Sep 13, 2019

If you have not been properly served you have no legal obligation to appear. However, your failure to appear to testify could result in the case being dismissed against the Defendant.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does it mean when it said reutned subpoenas?
Keegan Kelley Harroz
Keegan Kelley Harroz answered on Sep 11, 2019

This has to do with process service of the subpoena

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Person charged with contents of a parked vehicle that he had no keys on his persons? Are they illegally charged?
Keegan Kelley Harroz
Keegan Kelley Harroz answered on Sep 10, 2019

You can't be "illegally charged." Anyone can be charged with a crime. The actual question is: Can the government prove that the defendant has committed all of the legal elements of the crime? That question can only be answered by a jury. You need an experienced criminal defense trial attorney to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Misinformation on sworn affidavit in criminal case.. how does this change the scope of the case?

Impact officers arrested two at same address affidavit sworn to by officers has two different address on same case

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Sep 10, 2019

It is possible that there might be a valid argument for suppression of the affidavit. You need to hire an experienced criminal defense attorney to represent you.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How to I get in contact with my case manager I'm on on da deferred
Frank A. Urbanic
Frank A. Urbanic answered on Sep 5, 2019

Call them

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Can a judge require me to hire an attorney for a misdemeanor charge?

The 6th amendment allows me the right of self-representation, after I entered my plea of not guilty for a misemeanor charge of disturbing the peace, the judge said he would put me in jail if I showed up at my next court date without an attorney . Can this judge actually throw me in jail and violate... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Sep 4, 2019

Yes and No. If you do not file the appropriate motions and entry of appearance the judge can revoke your bond or hold you in contempt of court, which carries up to 6 months in the county jail. With that being said, I am an attorney with over 10 years of experience in criminal defense and I would... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: What does it mean when a report is being supplemental with additional information?

My probation violation is being supplemented with added information. What does that mean exactly? Is it necessarily a bad thing for my case?

Gary Kollin
Gary Kollin answered on Sep 3, 2019

Sorry my ESP and the ESP of ALL lawyers cannot answer that question. How would we know?

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is a MOTION/ORDER TO INCLUDE SUPPLEMENTAL REPORT & INFORMATION? What does it mean in criminal proceedings?

I currently have a bench warrant for a probation violation. I have not turned myself in but my court records show a BW RETURN FOR PROBATION VIOLATION and just recently a MOTION/ORDER TO INCLUDE SUPPLEMENTAL REPORT & INFORMATION was added. What does all his mean exactly? Thank you in advance.

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Sep 2, 2019

The original probation violation report is being supplemented with additional information.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: took a plea bargain as long as they dismissed the felony charge. Are they still allowed to proceed as if I was a felon

It's a deferred but before they even gave me the rules and regulations the felony was dismissed now they are trying to acc to suspension because I didnt follow the rules. But the rules that are set are for a felony charge

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Sep 2, 2019

Yes, if those rules were part of your plea agreement.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Native American Law for Oklahoma on
Q: Can someone be arrested for trespassing if he lives in our deceased mother's house?

Shawnee police officer entered my brother's residence while he was asleep on the couch and woke him up. They said that someone reported an a/b taking place in his yard. They asked him to come outside then arrested him for public intoxication and trespassing. He was told that he couldn't reside at... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Aug 31, 2019

If the facts are exactly as you have prevented them, the police are wrong. Your brother needs to hire an experienced criminal defense attorney to fight these charges.

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