This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license
The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence... Read more »
Three individuals got arrested together. All three received the same charge of 3 counts of 2nd degree burglary.
You need to mediately hire a criminal defense attorney. Your attorney can request all of the discovery material, the evidence. He can then scrutinize it carefully to determine whether or not they have charged you with unnecessary or duplicate counts.
My felony warrant was recalled. Prosecution filed a motion to recall pursuant McGirt v. Oklahoma. Since the Feds will be flooded with back cases as well as current cases, my guess is the most violent ones will take priority and not refile on all the rest. But if they somehow do decide to prosecute... Read more »
Generally speaking, no. A federal warrant issued pursuant to a grand jury indictment, information, or complaint is usually filed under seal until the arrest has been made. The federal government uses the PACER system for court records, which is available to the public, but you must have an account... Read more »
The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... Read more »
Yes, that might be possible; however, it is only certain felony crimes that the federal government has exclusive jurisdiction (thus depriving the State of Oklahoma of jurisdiction). For all other felonies committed on Indian Country committed by or against Native Americans, the State of Oklahoma... Read more »
My ex and I entered into a temporary visitation agreement. He has is currently supposed to be monitored by his mother to see the kids, but is asking to have the monitored visits lifted. He and his live in girlfriend both were recently arrested for public intox and he was arrested for resisting... Read more »
The public intoxication charge is the real issue. It shows that he is not capable of controlling his addiction. Having him kept on monitored visitation seems reasonable. I would even suggest supervised visitation might be in order. I think an example of greater self control would be needed... Read more »
What am I facing?
You indicate you are charged with "level 6" criminal recklessness and two "level 5" felony intimidation charges. Where are your charges? I am not aware of any Oklahoma state statutes that use the levels such as the ones you reference in your question.
Generally, this forum is used by people who have specific legal questions. The attorneys on here try to answer the questions as best we can with the limited information we receive. Your post just is just seeking help without any specifics (aside from letting us know you do not have any money).... Read more »
I need help with my warrant, I never been in trouble in Oklahoma only traffic tickets now this felony warrant haskell county Oklahoma I couldn't make court date my father passed away I called and changed court date but my mind wasn't focused my dad just passed june 14th 2020 my new court... Read more »
You need to retain a criminal defense attorney immediately. Even if not considered a valid excuse for missing court, the loss of your father is certainly an “extenuating circumstance” that an attorney could possibly persuade the Court (Judge) to excuse and withdraw the warrant without you... Read more »
A dog is still considered personal property. A sales receipt or registration with your name on it would go a long was to you being able to show an officer you have possessory interest.
people i know have told me they've been asked by police about me selling drugs. I believe i may be under investigation for it. I haven't sold drugs but I did have a severe addiction to heroin & allowed various people to enter my life, stay and get high with me for a long time.... Read more »
You cannot necessarily force law enforcement to stop an investigation; however, there are certain strategies that can be employed to best protect you and may cause any investigation into you to dissipate quickly. Also, be mindful that federal law prohibits all law enforcement and prosecutors from... Read more »
How long can county hold him without being able to see a judge.
It depends. Is he in the county from which the warrant was issued? If so, he should be seen quickly. If he is being held by one county for warrants from another county, it can take a little longer. If you want to discuss the specifics, please feel free to contact me tomorrow.
A plead of not guilty at arraignment. Second court case is today. I'm representing myself.
I'm not sure I quite understand your question. As a defendant in a criminal case, you have the right to represent yourself and to file motions on your own behalf. That does not mean that doing so is a good strategy or a wise choice.
I would strongly urge you to hire an attorney. You... Read more »
Charged with a felony 1st degree burglary and domestic assault. Police made falsehoods and omitted witnesses to which I could prove and wrote the DA proving such. Is it possible the officer is liable so they used these reasons to recall warrant instead of admitting officers fault?
The McGirt case is a U.S. Supreme Court case decided earlier month. There is a lot to the decision - but to summarize it to its most basic form...the Supreme Court determined that certain land (the Muskogee-Creek Nation) that was historically Indian Country but not considered as such by the State... Read more »
We were pulled over in Oklahoma and my nephew had a felony warrant in Wichita KS but they didn’t want to extradite
Several reasons could exist. Generally, when it is a felony warrant and the state is a border state, the state with the warrant will extradite. That said, it could be that because of COVID, a limited budget to transport inmates from other states, or a limited jail space in the county from which... Read more »
Unfortunately no. There was an order from the Oklahoma Supreme Court extending all deadlines that occurred between the middle of March to the middle of May, as a result of COVID-19. Because you indicate that your deadline was in February, I do not believe there is anything that would extend that... Read more »
Can I even drop the charges? It was a Domestic but police are really exaggerating the case big time. Im afraid he is going to get a sentence he doesn't deserve over an isolated incident. Thank You
Generally speaking, the DA will evaluate the case and determine if there is sufficient evidence to proceed with charges and determine what charges to file based on the facts. The DA can pursue charges even if it is against your wishes. This is especially true, and it frequently occurs, in cases... Read more »
Isolated incident is getting way out of control. He surely does not deserve to do time over it.
Generally speaking, the DA will evaluate the case and determine if there is sufficient evidence to proceed with charges and determine what charges to file based on the facts. The DA can pursue charges even if it is against your wishes. This is especially true, and it frequently occurs, in cases... Read more »
A 4wheeler I bought from someone got taken from my yard along with a gun that was stored in it.
I REPORTED it stolen a bail bonds called and said he has the 4wheeler and the person who took it.
It was impounded I paid 400 to get it out.
Then 2 mo later someone brought title... Read more »
The State has to prove that you knew or had reason to believe that the item you bought or received from someone else was an item that was stolen, embezzled, obtained by false pretense, or was from a robbery. However, there is what is called a rebuttable presumption in these circumstances. That... Read more »
As long as you do not have a violent offense or gun charges, it is possible to get help. Several programs will take people. The key is convincing the DA. The other possibility is community sentencing has a new program which is even taking some violent offenders.
You should hire an attorney as soon as possible. Most judges do not like defendants to show up without an attorney, especially twice. Each judge has his or her own tolerance. If you believe you cannot afford an attorney, you need to demonstrate to the court everything you have done to try to hire... Read more »
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