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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: Maximum punishment for a grand larceny with afcf?
David A. Cincotta
David A. Cincotta answered on Mar 30, 2020

Assuming the value of what has been alleged to have been stolen exceeds $1000, then the range of punishment for a Grand Larceny AFCF (with one prior or with two or more priors with none of them being a felony enumerated in Title 57, Section 571) is 0 to 10 years. Grand Larceny AFCF (with two... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the maxium punishment for Grand larceny with Afcf? What if the individual has 17 years of probation also?
Tracy Tiernan
Tracy Tiernan answered on Mar 28, 2020

There’s not enough information to answer your question with specificity. Grand larceny has different grades of punishment based upon the value of the items stolen. With the prior felony conviction it could be a dramatic difference in the ranges of punishment. If you’re already on a long... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I have my firearm confiscated under a off of "intoxicated while in possession of a firearm" am I able to get it back?
Tracy Tiernan
Tracy Tiernan answered on Mar 21, 2020

You need to retain an attorney immediately to protect your rights and property. An attorney will look at the evidence, scrutinize the encounter with law-enforcement, see if there’s anyway to beat the charge. If not, depending upon your prior history, attorneys can typically help you preserve your... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is possession of cds the only felony that was made a misdeamenor retroactive in Oklahoma?

Wondering if the other one's like Concealing stolen property or burglary 2 retroactive also as of Nov 1st 2019

David A. Cincotta
David A. Cincotta answered on Mar 19, 2020

There is a misconception that the Possession of CDS law was made retroactive. Instead of doing that, the Legislature enacted a law providing relief to individuals currently serving a sentence for a crime that occurred before the crime became a misdemeanor. The law made them eligible for... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: can Dhs order my girlfriend to obtain a protective order because of a police report?

No physical violence took place and I was not detained I have felonies involving a domestic case from 2017

Brian Boeheim
Brian Boeheim answered on Mar 11, 2020

They cannot force, but they can sure threaten. Their argument is if she doesn't follow through, then she is endangering the children, and they can potentially take the kids away and for a deprivation hearing. If they are successful, they can put her on a plan, which most likely will involve... Read more »

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Oklahoma on
Q: Can a judge court order a couple not to see each other when they are engaged.

She is on drug court and im a convicted felon

Pete David Louden
Pete David Louden answered on Mar 5, 2020

Yes.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My sons and another female were involved in a crime. The witness stated my two sons robbed him and female assaulted him.

The female while victim was on ground had foot on victim's neck and hit victim with a bat but was never charged questioned or asked to be identified by victim. This was presented in court but my sons went to prison.my sons have to pay restitution but the female involved has gotten no punishment... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 4, 2020

I am sorry to say there is no recourse. You have no standing to make any kind of claim. The DA has prosecutorial discretion when it comes to criminal filings. Sorry...

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it possible in the state of Oklahoma to get a deferred sentence ended early?

I was given a 5 year deferred sentence for embezzlement charges in 2016. I’ve paid all fines and have been on unsupervised probation since 12/2017 after only 13 months of probation. Is it possible to petition to end the deferred sentence early so the charge is off my record? I understand the... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 3, 2020

Yes, but the DA and the Judge have to agree.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Who is responsible to change from felonie to misdeamenor when new law makes retroactive?

I caught a poss of cds on 02/19/2015. Have not been convicted to this day. Was put on a deferment.But everyone else's poss of cds is now misdeamenors on oscn.net and odcr.com. Mine still says felony and never been convicted. And I thought that was not suppose to be made public info. It is... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 20, 2020

The first question I would have is whether you paid all of your fines and probation fees? If you had, then it should have been dismissed and expunged from OSCN, when you showed up for court on your Deferred review date. On the other hand, if it was dismissed and expunged, that is only on OSCN.... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: if detectives, law enforcement have to take oath of office then how does the legal system allow them to lie?

ive just been about criminal cases online and a few say the law allows law enforcement to lie

Brian Boeheim
Brian Boeheim answered on Feb 18, 2020

The oath is not about truthfulness, but instead to fulfill their duties as law enforcement and to protect the public. The courts have decided that lying is a part of their job. Yes, upside down logic. Do as I say, not as I do.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My girl got stoped with my digitalbscale in her car she is in drug court what can i do to fix this because its my fault

The detective gave her a week to do a controlled buy or she gets charged

Brian Boeheim
Brian Boeheim answered on Feb 17, 2020

It is not illegal to have a digital scale, even if you are in drug court. Having her do a controlled buy is out of line in my opinion for what at best is a misdemeanor, and most likely not a crime at all. The caveat is if the scales had residue that presumptively tested positive. Still, I would... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I want to file Adultery charges on my wife. That Told me she was leaving me on our anniversary then two days later

Later on Friday she said she was moving out on Monday and I said way wait. So she and our youngest son moved in with another man

Brian Boeheim
Brian Boeheim answered on Feb 16, 2020

Adultery is a crime in Oklahoma, 21 OK Stat § 21-871. It is a felony, but the reality is you will have a hard time finding a DA who will actually file those charges. In my opinion, your better course of action is to file for divorce and then fight for custody, especially since the courts tend to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: So are they or are they not trying to cut down on overcrowding by simplifying the possession charges?
Brian Boeheim
Brian Boeheim answered on Feb 15, 2020

That is a highly charged political question. I guess it depends on the county. What I have seen in Tulsa County is a far greater number of Possession with Intent charges. Although they are no longer sending people to prison for a small bag of anything, they are doing everything in their power to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son got a ticket for driving while license is revolked. My son has Not had a license or permit. Getting this, the

State filed an application to revolk on a previous deffered drug charge. He has filled for CT appointed attry, 5 times and had been denied. He simply can not come in with the 2k the attorneys wants. His sentencing is next week without an attorney..!!!! How can this happen?

Brian Boeheim
Brian Boeheim answered on Feb 12, 2020

If this is in Tulsa County or one of the surrounding counties, Call us at 918-884-7791 Boeheim Freeman Law and depending on the details, we will most likely handle it for less and we can work out a payment plan.

1 Answer | Asked in Criminal Law, Education Law and Gov & Administrative Law for Oklahoma on
Q: Can school administrators suspend students from school just from suspicion of drug use?

If a student is called into the principal’s office under suspicion of drug use, can they suspend them, even if there’s no evidence and no proof of possession of drugs?

Brian Boeheim
Brian Boeheim answered on Feb 11, 2020

It would depend on the code of conduct, or the administrative rules within your school. It is not a criminal action less they intend to charge your child with public intoxication. Without some type direct evidence, I would be troubled by their conclusion, but there may be no recourse without... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Yes I live in Oklahoma the legal age of consent here is 16

Yes I love in Oklahoma the legal age of consent here is 16 and I'm with a guy ten years older than me my mom approves completely but I was wanting to know could the state still press charges on my mother or boyfreind since I'm the age of consent

Brian Boeheim
Brian Boeheim answered on Feb 11, 2020

Not as long as he is not in any form a guardian or custodian approved by your mother.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I choose to represent myself defending misdemeanor charges, can I file a motion to dismiss?

I want the charges dismissed bcuz I can prove the arresting officer did not have probable cause to pull me over

Brian Boeheim
Brian Boeheim answered on Feb 9, 2020

You can always defend yourself and file motions, as long as you are found competent and knowledgable to do so. I would advise you don't do it by yourself. There are way too many tiger traps that you can inadvertently fall into. If you need help, call us at 918-884-7791 Boeheim Freeman Law.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can you be charged more in court cost than the original fine
Brian Boeheim
Brian Boeheim answered on Feb 9, 2020

I hate to say it, but yes. There is an option for relief. You can ask the court to review your costs and fines and depending on your financial situation you can be given relief by the court. Supreme Court Justice Ginsberg made a big deal out of overly punitive court costs and fines being an... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Does title 22 O.S. section 234 allow DA assigned to a misdemeanor case discretion to refile as a felony?

Wonder if a prosecutor misrepresented facts responding to my complaint to the OBA. It was a 1st offense for violating a protection order. Prosecutor claims that title 22 O.S. sect 234 gives her the descretion to refile as a felony. But from what I read it only allows a felony to be amended to a... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 9, 2020

The DA cannot file a VPO first offense as a felony unless there are other charges added. You are correct 22 O.S. 234 provides what I would call a relief valve for special circumstances where a non-violent crime, which is a felony, may be amended down to a misdemeanor in the interest of justice.... Read more »

1 Answer | Asked in Criminal Law and Divorce for Oklahoma on
Q: Boyfriend stole a the car we share in both names can i report it stolen

Tag is exspired insurence is about to end and i dont think he will make the payment.

Brian Boeheim
Brian Boeheim answered on Feb 9, 2020

If the vehicle is titled in both your names, it is hard to represent it as stolen since he has a valid claim of ownership. I don't think you have a way through police or the DA's Office to get the vehicle back. The only thing that comes to mind is small claims court. The argument is a breach of... Read more »

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