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Oklahoma Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Oklahoma on
Q: Registration requirement under Marry Rippy Law for interstate compact.

I was sentenced in California in 2003 for attempted murder and moved to Oklahoma on an Interstate Compact. I did not have to register as a violent offender in California. The Marry Rippy Law indicates you don't have to register for violent acts if sentenced prior to November 1, 2004. Can you... View More

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2025

The date of conviction applies to people in Oklahoma at the time of their conviction. There is also a provision that pertains to the date that one (with a conviction from another state) enters the State of Oklahoma to reside, work, or attend school. If a person becomes subject to the registry upon... View More

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2 Answers | Asked in Civil Rights, Criminal Law, DUI / DWI and Insurance Bad Faith for Oklahoma on
Q: Do I need to complete DUI classes for license reinstatement after a possession charge with suspended license due to no insurance?

I was sitting in my vehicle that was not running, talking to a friend when a policeman approached, opened the door, and searched my car without a warrant. I was arrested for marijuana possession and later learned my license was suspended due to no insurance. My case is now closed, but I have been... View More

Brandon Michael Rosenbloom
Brandon Michael Rosenbloom
answered on Jun 13, 2025

No, you likely don't have to do the DUI course before getting your license back. DDS only requires the DUI course to be submitted if you are convicted of DUI, the Court may have made that part of your sentence, and you will need to get it done during your probation, but only as a term of your... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Legal recourse for revoked credits and extended sentence in Oklahoma prison?

My son is in an Oklahoma State prison for first and second-degree burglary, initially set for discharge on June 17, 2025, serving 85% of his sentence. Due to a class X write-up for possessing tobacco and marijuana, his earned credits were revoked, extending his release to July 1, 2026. The prison... View More

Charles Watts
Charles Watts
answered on May 23, 2025

The 85% is a required "minimum" served. It is not a guaranteed release day. The guaranteed release day would be the 100% time served.

They get credits to reduce time served but it cannot lower it below the 85%. It is well within the rights of the institution to give or revoke credits.

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3 Answers | Asked in Criminal Law and Native American Law for Oklahoma on
Q: Should I go through state or tribal court for a misdemeanor charge in Oklahoma?

I'm facing a misdemeanor assault and battery charge in Oklahoma. The incident occurred on tribal land, and my court date is this upcoming Wednesday. As a tribal member, I'm wondering whether it's better to go through state or tribal court for this issue. Are there specific advantages... View More

Tracy Tiernan
Tracy Tiernan
answered on May 22, 2025

Depending upon the charge, there are benefits and drawbacks to each. There are many times when the decision is removed from your control, such as when the Tribal status is apparent after your arrest and law-enforcement directs the case to the Tribal COURTS.

Other times you may have to file...
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2 Answers | Asked in Family Law and Criminal Law for Oklahoma on
Q: How can I pursue bigamy charges in Oklahoma with common law marriage evidence?

I have a signed agreement stating that we are common law married and intended to marry in the near future. We have bank statements, a rental agreement, and letters indicating that he referred to me as his wife. We also have statements from neighbors and family confirming that we publicly held... View More

Charles Watts
Charles Watts
answered on May 15, 2025

If there was an intent to have a ceremonial marriage then you cannot be considered common law married. One of the elements of a non-ceremonial marriage (“common law” marriage) is there is no intent to have the ceremony ((even if that is just going before the judge))

Contact a family law...
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2 Answers | Asked in Criminal Law and Family Law for Oklahoma on
Q: Time for child neglect charge involving educational neglect and stranded helper attempt

I want to know how much time someone might face in a case of child neglect if they were present at a home but did not reside there. The child, around 8 or 9 years old, was neglected by his mother regarding education and wasn’t enrolled in school. The person being charged initially spoke to the... View More

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2025

The range of punishment for the crime of child neglect is very broad (not exceeding life in prison), because these types of cases vary greatly. The defendant must be someone responsible for the health, safety, or welfare of the child. If that is not the case, then the person may not be guilty of... View More

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can my friend be charged with trafficking with no drugs found on him?

Can the District Attorney charge my friend with trafficking methamphetamine if he had no drugs in his car or on his person? The drugs were found on a girl he was giving a ride to; she had them in her cavity without his knowledge. There was paraphernalia in the car, accessible to both of them, but... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

Cases like these are very fact specific. However, if he was in control of the vehicle then by default he is in control of the occupants and its contents. Therefore, yes if the quantity is sufficient to meet trafficking then yes he can be charged with that and have to defend it in court.... View More

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2 Answers | Asked in Constitutional Law, Criminal Law, Family Law and Immigration Law for Oklahoma on
Q: Can I pursue bigamy charges if my son's father married someone else while living with me in Oklahoma, a common-law marriage state?

I live in Oklahoma, and my son's father recently married another woman, seemingly committing immigration fraud. We have been living together for several years, sharing a home and finances, and Oklahoma recognizes common-law marriage. I have evidence of our cohabitation, like shared bank... View More

Charles Watts
Charles Watts
answered on Mar 17, 2025

Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child... View More

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2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Municipal Law for Oklahoma on
Q: Are sheriff’s deputies required to give their name and badge number upon request?

The Fairview Police Department was called for a disturbance within city limits, the sheriff’s office was never dispatched or notified for assistance, yet they interjected themselves anyways. They refused to identify themselves while body cams were being used and only once a third party recorded,... View More

Charles Watts
Charles Watts
answered on Mar 13, 2025

I assume you are speaking of Major County sheriff deputies as you mentioned Fairview. A common misconception is the only law enforcement agency that has jurisdiction within city limits is the city themselves. However, this is incorrect. The City of Fairview is located inside Major County;... View More

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1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can OK DA enhance misdemeanor DWI to felony with TX conviction over 10 years ago?

I received a DWI charge in Oklahoma, and I have a prior DWI conviction in Texas from over 10 years ago. Can the District Attorney in Oklahoma still enhance my misdemeanor DWI charge to a felony given the time lapse between the convictions? Or is the 10-year timeframe calculated from the last... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

The 10 year timeframe is calculated starting at the termination of the first conviction to the date of the commission of the new crime. For example: A person was convicted in 2015 and sentenced (and served) 5 years (putting it at 2015 as start day) but then committed a crime in December 2024, then... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: Will a charge for driving on a permit affect my son's licensing?

My 15-year-old son was caught sneaking out to see a girl and driving with only a permit. He was charged with driving on a permit. Will this prevent him from getting his license before he turns 18?

Charles Watts
Charles Watts
answered on Feb 22, 2025

The answer is 'yes it could affect things' - You need to contact an attorney in your area that specializes in traffic violations. First thing is plead 'not-guilty' -- but you need to get things in order first with an attorney, because under Oklahoma statutes for minor drivers... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Real Estate Law for Oklahoma on
Q: Family member sold my camper without permission, is it theft?

I allowed a family member to live in my camper to prevent them from being homeless. I discovered, through his wife, that he sold the camper without my permission over two weeks ago. The title is in my name, and I have not given any written or verbal permission to sell it. We have not spoken since,... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Was it legal for police to search my vehicle in Oklahoma without consent after a canine search?

I was pulled over in Oklahoma for a tag light being out; the vehicle belonged to my mother. My passenger had a warrant for her arrest. After we were stopped, the officers removed me from the vehicle to "get to know who he was talking to." They conducted a canine search around the vehicle... View More

Tracy Tiernan
Tracy Tiernan
answered on Feb 15, 2025

There are lots of factors that come into play in determining whether a traffic stop, search, and drug seizure are constitutional or unlawful.

Based on your brief recitation of these facts, they clearly had a right to engage in the traffic stop if your tag light is out. From that point...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Due I need a criminal lawyer if I'm charged with a missdometor

I was a passenger in a car that was not mine when we was stopped.Rhey ran my background and no sooner I was in handcuffs because I am a violent convicted felon so I am assuming this is why he was looking to charge me..

I was charged with possession of cds but it was for my subscription... View More

Tracy Tiernan
Tracy Tiernan
answered on Jan 29, 2025

Well, there are quite a variety of misdemeanor charges with which a person can be charged Anything from public intoxication up through possession of a controlled dangerous substance or assault and battery on your wife, husband, someone with eco you have been in a relationship or family member. The... View More

2 Answers | Asked in Criminal Law, Car Accidents, Civil Rights and Constitutional Law for Oklahoma on
Q: If I'm on da supervised supervision do I have to call every morning to check in for a year like drug court in Oklahoma?

I wasn't even charged with a drug or alcohol related offense it was a misdemeanor I was told I would only have to check in once a month for a year

Tracy Tiernan
Tracy Tiernan
answered on Jan 28, 2025

I’m afraid we would need a tiny bit more information to give you an answer with any confidence. However, it sounds like you are not in an alternative court program like Drug Court. Sounds to me like you’re simply on a typical supervised probation. As a general rule when you’re on District... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My ex filed a p.o. on Me and was granted an e.p.o. my ex has continued to message and email me about 15 times last count

What do I do

Tracy Tiernan
Tracy Tiernan
answered on Jan 26, 2025

Emergency protective orders are usually not a two-way street unless specified by the court. In other words, you are prohibited from contact with her, but she is not likewise prohibited from contact with you. It is frustrating and confusing for certain.

My advice would be to record and...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Can prosecution use evidence collected by officers who did not testify and were not listed on state witness list

These officers reports were undisclosed by prosecutor and have been suppressed since 2004

Robert Donald Gifford II
Robert Donald Gifford II
answered on Nov 20, 2024

It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Detective Questioned for embezzlement from work place. said he would get back with me, any suggestions
Tracy Tiernan
Tracy Tiernan
answered on Oct 29, 2024

The strongest evidence in a court of law is when a defendant accused of a crime opens their mouth and gives a confession. Most seasoned criminal defense attorneys will tell you never to talk to law-enforcement when you know you’re under investigation for having committed a crime.

Having...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: When there's an application to revoke that's been filed, after a prior one has been dismissed, according to Title 22, th

The first revocation is only a 6 month sanction? If it's just technical violations. Is there any loop holes to consider? Or be on the lookout for?

Tracy Tiernan
Tracy Tiernan
answered on Oct 25, 2024

It’s not necessarily a scheduled formula of punishment. When you violate the rules and conditions of your probation, the state, through the district attorneys office, and the judge have the power to punish you in a variety of different ways including a minimal slap on the wrist to incarceration... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can witnesses for the prosecutor sit with them and whisper things during another witness for the prosecutions testimony?

First witness, the drug task force officer stayed in the court room while the K-9 to unit officer gave testimony. During the 2nd witnesses cross examination the first witness got up from his seat and went and sat with the prosecution whispering to her which caused her to re-cross examine the 2nd... View More

Tracy Tiernan
Tracy Tiernan
answered on Oct 18, 2024

Unfortunately, you have not provided enough information. It’s not clear whether you’re talking about testimony presented at the jury trial stage or a preliminary hearing or some other motion or evidentiary hearing.

As a general rule, any competent criminal defense attorney, at a...
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