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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: I had a misdemeanor possession of marijuana arrest in 1972. Sentence was deferred and completed successfully.

Record was expunged and sealed. I'm trying to get arrest and/or court records now but the arresting agency and county clerk of the court have no records. The arrest still shows up on my national background check but without any related charges or court decisions. How can I get that info?

Tracy Tiernan
Tracy Tiernan answered on Oct 21, 2021

That was a long time ago. I’m guessing you might have trouble locating your attorney but that’s always the first place to start. There are different types of expungements under Oklahoma statutory law. Sounds like maybe you only took the expungement granted by the Court (Judge) but might not... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Oklahoma on
Q: How late can I stay out behind an alley of to my house to watch a bird
Charles Watts
Charles Watts answered on Oct 18, 2021

Are there curfews in place? Are there restrictions to the alley? Are there also other residences nearby? - bird watching could easily be construed as peeping and therefore not legal. You need to be more specific and if you have been cited or detained for this then contact a criminal law attorney... Read more »

1 Answer | Asked in Criminal Law and Mergers & Acquisitions for Oklahoma on
Q: What can we who about falsely putting a person on a motion of discovery?

My roommate was caught with a bunch of drugs and money and a gun up the road from my house and told them he lived here and they came and raided my house. Nothing of what they were looking for was found besides a set of scales and a little personal. Then whenever he gets out and has his motion to... Read more »

Charles Watts
Charles Watts answered on Oct 11, 2021

Contact the attorney handling the defense in the case and have them address that

1 Answer | Asked in Criminal Law for Oklahoma on
Q: A wiretap warrant was signed by an appellate judge in okla city, the wiretap was being monitored in Tulsa co by the OBN

and the target of the wiretap was in Washington county. The district attorney in Washington co is who brought the charges against almost 20 people for drug conspiracy. I found that "The Court of Appeals held that under both 18 U.S.C. § 2516(2) and CPL article 700.05(4), eavesdropping... Read more »

Charles Watts
Charles Watts answered on Oct 11, 2021

The Criminal Appellate Judge has jurisdiction for the entire state therefore yes all those areas fall into the geographical location. Additionally, OBN is also statewide and therefore also meeting the geographic location. It is not uncommon for criminal investigations to span multiple jurisdictions... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Yes what exactly does this mean , witnesses endorsed for the state of oklahoma and then it has my name listed with 3 c

Listed with 3 cops and 1 osbi chemist on my sons information/ criminal cover sheet from when he was arrested

Charles Watts
Charles Watts answered on Oct 9, 2021

Your question is a little vague, however if I am understanding your question then basically the state has listed you as a witness (most likely because you were there when he got arrested). Contact some criminal lawyers to have them give you specifics on the case.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it possible to take a plea deal while being incarcerated?

Currently incarcerated in Oklahoma and have an outstanding warrant also in Oklahoma. Is it possible to plead guilty and take a plea deal whilst I'm still in prison? There is an additional warrant in Kansas where prison time will be served once this sentence is over

Tracy Tiernan
Tracy Tiernan answered on Sep 29, 2021

It’s actually quite common. Many times people are sentenced to prison before they resolve or dispose of other pending felony or misdemeanor charges. Rather than waiting until they discharge or complete the sentence, often times they hire attorneys to file a writ of habeas corpus to bring them... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If i admitted to going into a chain link fence that was already with a tool bag with junk cars in it is it 2 degree burg
Tracy Tiernan
Tracy Tiernan answered on Sep 25, 2021

We’ll, until the car was entered it’s more likely “attempted” burglary 2nd or 3rd and another count of “possession of burglary implements/ tools”

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: If the car was on when stolen does that make it “ok” for a criminal to steal it? Or can the criminal be held accountable

I’m a delivery driver and we leave our cars on when we’re busy. My car was stolen while I was inside. Yes the guy was caught but when I mentioned suing the parents to a friend. (The kid is 13). He told me that I could lose because it is my fault for leaving my car running. Although, yes I could... Read more »

Charles Watts
Charles Watts answered on Sep 14, 2021

You should consult with an attorney to go through the specifics in more detail. There are other avenues other than larceny of a vehicle such as unauthorized use of a vehicle or even trespass. All issues have potential areas that have defenses, but you need an attorney to guide you through the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is there a way to get a chance of venue from one state to another in a child molestation case?

Case is in New mexico and we moved over to Oklahoma to get away from child molester

Charles Watts
Charles Watts answered on Sep 14, 2021

You will need to contact an attorney and go through your specific case with them. While there is avenues for change of venue, there is a balance of the two states, justice, interest, evidence, etc.... This forum is not able to get into those specific of details because all issues are different,... Read more »

1 Answer | Asked in Business Law, Construction Law, Criminal Law and Environmental for Oklahoma on
Q: What is the law about distance of a dispensary to a baseball field in Oklahoma?

Distance of baseball field to dispensary

Charles Watts
Charles Watts answered on Sep 7, 2021

There is not one. The limitation is in reference to a public or private school, so unless this baseball field is on school property, then there is no restriction currently.

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Oklahoma on
Q: Is a motion to hear new evidence how you get a judge to rule victim abused a protection order Okla Statute 22-60.9E ?

the victim made false allegations, omitted exculpatory evidence, and presented a materially altered protection order to a law enforcement officer to effect an arrest. The first chance Defendant talked to public defender he had him talk to the DA about the exculpatory evidence that negated their... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

Based on that, you need to hire an attorney and let them go through your case to determine exactly what has happened, and your best course of action to move forward.

1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: Is it illegal for the the police or investigators to, what I have heard called, go on a “fishing exhibition”?

They had all they needed to arrest the target of an investigation(a drug dealer), but did not, then wiretapped his phone to find out who his associates were and how they are involved with the target all while allowing the illegal activity in order to bust more than the original suspect. I’ve also... Read more »

Charles Watts
Charles Watts answered on Sep 2, 2021

In order for the wire tap to be legal there would have to be a search warrant that set up the specific information be sought. Assuming they have that, then yes it is legal. Having what you need to arrest is a subject is a slippery slope that we wont get into here, because every criminal... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: how would I go about reporting witness bribery

My spouse is being called into a retrial on her rapists conviction. The defendant is a family member and on behalf of said defenndent, his mother (aka her grandmother) has promised cars phones and housing as a way to get her to say that nothing actually happened.

Anna L Self
Anna L Self answered on Aug 31, 2021

Report it to the DA that is prosecuting the rapist.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the typical bond for knowingly recieving or posessing stolen property in oklahoma

Has been in trouble before but not for this offense

Tracy Tiernan
Tracy Tiernan answered on Aug 30, 2021

That charge, generally categorized as a lower level felony theft crime, is usually between $1000 and $5000. Of course it depends on the Judge and any previous contacts and history with law-enforcement.

1 Answer | Asked in Criminal Law and Collections for Oklahoma on
Q: Can a bogus check from 15 years ago that was 66 dollars be brought up now and i dont even remember writing it

In oklahoma

Anna L Self
Anna L Self answered on Aug 24, 2021

Whether you remember the check or not is irrelevant. However, if the bogus check was from 15 years ago and they have made no efforts to collect (lawsuit, garnishment, etc.) then they would be past the statute of limitations.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: what can I do or file to find my son? His father kidnapped him August 24th 2020. No known location

I have filed police reports and reported fraud with IRS. he has received all my stimulus and taxes and claims we are married and we are not.

Anna L Self
Anna L Self answered on Aug 17, 2021

Did you file a police report that your son was kidnapped? The police are usually a good starting point. If no help from the police you can hire a private investigator. Good Luck!

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: In Oklahoma if you’re on probation can you still have your medical marijuana card?
Tracy Tiernan
Tracy Tiernan answered on Aug 13, 2021

There is not one answer as it differs from County to County, and Judge to Judge. There are instances where all judges will allow medical marijuana use during probation except for one.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I'm being charged with count 1 obstructing officer - a misdemeanor in oklahoma.

I stood there in one spot at least six or eight feet away, just begging and pleading with them to go a little easier on my wife, there was four cops on her, they had her face down in the dirt, they were hurting her, I was afraid for her,as her husband I was just trying to protect her. Will I be... Read more »

Tracy Tiernan
Tracy Tiernan answered on Aug 9, 2021

Difficult to say without learning more about the facts and your background. I think in most cases like you’ve described jail time is not warranted. If you have a clean record most attorneys would have a chance to negotiate a disposition where you might even get a dismissal of the charges after a... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I have a friend who is being beaten and abused by her boyfriend almost to the point to where she's about to be murdered
Pete David Louden
Pete David Louden answered on Aug 6, 2021

The abuse should be reported to law enforcement immediately. Document the injuries with photographs. She can also go to the court clerk's office and request a VPO.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: When filing mcgirt case what all motions do I need to file?

I am filing pro SE and was told in order to have my case heard I needed to file another motion. What other motion?

Tracy Tiernan
Tracy Tiernan answered on Aug 6, 2021

Essentially you are really just filling a single Motion to Dismiss and having the matter placed on the proper Judges Hearing docket to agree this issue. In your motion you would need to cite the McGirt Supreme Court decision, briefly discuss the case itself and hope it applies to your situation,... Read more »

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