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Oklahoma Criminal Law Questions & Answers
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 »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: In 2003 I believe an article was published in the Oklahoma Bar Journal that dealt with brief writing

The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might be to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: if I have been convicted of multiple felonies and sentenced to prison in the past can they give me a split sentence now

The charge that gave me a split sentence on was assault and battery with a dangerous

Brian Boeheim
Brian Boeheim answered on Dec 3, 2019

They can always waive prohibition and allow you the opportunity to have probation. Split sentences are a double edged sword. It is important to understand how much time you would have to invest compared to the amount of time you would be in the crosshairs of a P.O. and the police. Is it better... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: husband has already been to prison 2time in a different state for totally diff charges from where he is now can it used

can my husbands past charges be used against him again if he has already served time for what he did and if the charges are over ten yrs old

Brian Boeheim
Brian Boeheim answered on Dec 2, 2019

It depends on what his previous charges were. Enhancement (giving him more time) can happen with certain drug charges if he was charged prior to 11/1/19. They can also be used as a basis, if the new charge involves guns. Finally, they can be used in trail or hearings if they are involving moral... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was charged with obtaining property under false pretense but I haven’t done anything of such what should I do my wife

Is on disability and I work part time so I am unable to pay for a lawyer and they put a warrant out for me the next day the charge was filed but I know I haven’t done anything like this so I’m confused and don’t really know what to do ?

Brian Boeheim
Brian Boeheim answered on Nov 24, 2019

If you still have a warrant out outstanding, you need to take care of that. Find a bonds person who will work on payments and some attorneys will also take payment plans. Obviously, someone has accused you of getting something from them without paying for it or providing the services for it. You... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Do u have to take a deferred sentence in a misdemeanor marijuana and paraphernalia in ok
Tracy Tiernan
Tracy Tiernan answered on Nov 23, 2019

Do you HAVE to take a deferred??? Well, no. You certainly don’t HAVE to. But let’s think about this. If you’ve been arrested for a crime by a police officer or some other law enforcement official, that individual was under the impression that you had committed a crime, violated a law (maybe... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How much will a bond be for intimidating a witness (class c felony)?

I'm in Arkansas!

Brian Boeheim
Brian Boeheim answered on Nov 20, 2019

It depends on the county and the severity of the intimidation.

1 Answer | Asked in Consumer Law and Criminal Law for Oklahoma on
Q: Police should be required to facilitate returning a stolen vehicle when recovered at no cost to owner. What can we do?

When a stolen vehicle is recovered police often call a towing service right away without even trying to contact the owner. Owner has to pay horrendous charges to get their vehicle back. It feels like extortion. No other theft is treated like this. If a citizen finds someones wallet, aren't they... Read more »

Brian Boeheim
Brian Boeheim answered on Nov 19, 2019

I know this doesn't answer your question, but if they find the person who stole your vehicle and charge them, you can demand restitution for all damage to the vehicle and I believe towing and storage services. Upon conviction the person would be required to pay you or face incarceration.

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: What should i do if the local PD is protecting a guy who has done bad things to me that i can prove?

This guy has broke into my truck and shed and robbed me of tools. Stole a scooter and tow cable at a different time and admitted on text. Caught him on camera and the officer knows who it is. I showed the video to peope and everyone knows who it is but the police never even investigated... Read more »

Brian Boeheim
Brian Boeheim answered on Nov 12, 2019

Obviously, we would like to have the police take this more seriously and to investigate more thoroughly, but that doesn't seem to be happening. One possibility is to go to the county sheriff instead of the city PD. Another possibility is to file a civil suit for damages and file a protective... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: A parent is requested by Student.

When a student requests a parent be present before answering any questions does this effectively create a 5th Amendment protection from further questioning until the parent arrives? Schools usually respond it is their policy to question irrespective of the request, however, it would seem they are... Read more »

Brian Boeheim
Brian Boeheim answered on Nov 2, 2019

By you placing your child into school you are making the the temporary guardians. This is arguable, but the best thing to do is tell your child to not speak and just keep telling the principle or teacher that they want there parent present. If a police officer shoes up, then ask for an attorney,... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is an Aggregate bond?
Brian Boeheim
Brian Boeheim answered on Nov 2, 2019

When there is more than one charge on a filed case, the Court may give an aggregate bond (bond for all the charges together) instead of having a separate bond amount for each count. Although it is a simpler way for the Court to manage bonds, it can cause some problems when the Defendant's attorney... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: The assistant d.a will not talk to me and charge stacking to obtain a charge

They are falsifying document I have on paper no civil rights no probable cause

Brian Boeheim
Brian Boeheim answered on Nov 1, 2019

This process is complex and simple mistakes can be very costly. I would recommend an attorney that is not afraid to challenge the DA's office. Give us a call if we can help. Boeheim Freeman Law 918-884-7791

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Collections for Oklahoma on
Q: I own a used car dealership. I have a truck a man never made a payment and hasn't for 3 months now tried repo larceny?

He apparently has sold it or parted it out

Brian Boeheim
Brian Boeheim answered on Nov 1, 2019

There is a larceny by fraud charge that may apply, but it is really more of a civil issue. If the vehicle is $10,000 or less, small claims court may be an inexpensive way to get a judgement on the person and gain access to any assets they may have. Boeheim Freeman Law... 918-884-7791

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Will possession within 2000 feet of a school more likely to stick since the laws changed to misdemeanors for amounts
Brian Boeheim
Brian Boeheim answered on Nov 1, 2019

That was always the conner with the change of the law. The police are making an effort to stick individuals with possession with intent to share or distribute, and near schools and churches. There are some interesting arguments to this though. The prosecutors always want to argue that it is "as... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: A 16-year-old high school student is called to a principal's office in the presence of a police officer.

A 16 year is called (A) to the office in the presence of a police officer and questioned but the student says he does not want to discuss the matter until his parent is called; the police want to search the student for a vape-based on a rumor from another student (B) and (A), who has no prior... Read more »

Brian Boeheim
Brian Boeheim answered on Nov 1, 2019

Great question, but the answer is a bit complex. The complexity comes in the form of an overriding issue of safety of the other students. Now, considering the accusation is only of a vaping product, they are standing on thin ice with the argument of public safety. Asking for the parent to be... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is there a way to get the transcripts of a court case in Oklahoma

Need to verify facts i was told

Brian Boeheim
Brian Boeheim answered on Nov 1, 2019

The transcripts of any hearing or trial are normally public record and are available to anyone who is willing to pay for them. If you go to OSCN.net and look up the case, specifically look at the hearing or trial you are interested in, and find the name of the court reporter. Call the county... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was arrested In 2010. No charges, no court appearance. Do I need to bring this up before applying to an RN Program?

Will this come up in my FBI background check?

William Jaksa
William Jaksa answered on Oct 31, 2019

Read the application carefully, some ask for convictions while others ask for arrests. Convictions will certainly appear on the FBI employment background check, but only some arrests for the past 7 years will. Also, some type of tickets and citations will also appear. These "non-convictions" are... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a suspended sentence to do upon d.o.c release, the court told me I only have 30 days to start paying my fine y/n?

I was told I have 180 days upon release to start paying fines but the court told me I only have 30 days to start paying the fines on my suspended sentence, can they do this?

Gary Kollin
Gary Kollin answered on Oct 26, 2019

they did

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