Also, with restitution that has not been paid, there is a provision that permits the judge to extend the period of supervision (by not more than three years), but that must be done by court order prior to the expiration of the deferred. Simply an application to accelerate after the deferred expired...Read more »
Technically, state law requires one signal their intention to turn right or left by signaling continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning - if other traffic will be affected by such movement. Municipal ordinances may be worded a little...Read more »
If the date to which the sentencing was deferred had already occurred prior to the date the Application to Accelerate was filed with the Court Clerk, then the Court is without authority to accelerate the sentence. It does not matter when the acceleration hearing occurs (generally speaking);...Read more »
This is a dangerous animal case. My neighbors dog charged under a fence and attacked my dog Can they legally bring the dangerous animal near me/my home? This happens so often that i missed the first court date because i was afraid leave my home to check the mail. What is considered witness... Read more »
In most instances victims of crime or witnesses who report crimes do not need an attorney. As a victim, assuming that’s the situation, you have an attorney already through the government, whether it’s a city prosecutor, an assistant district attorney, or a Assistant US attorney. But, It...Read more »
We don’t have enough information to give you an accurate answer. Title 21 of the Oklahoma statutes, section 51.1 is where you want to check. Your answer depends on how recent your prior felony convictions are and how many you have, and the date your last felony (ies) were completed.
I found a phone and wallet at a grocery store 30mins before close. I took it, and tried to find this person. From her DL, I looked her up on FB, and contacted like 3 family/friends (based on last name). I drove to the address on DL, but it was an apartment complex and DL didn't have apt... Read more »
Your sory has the appearance of being reasonable, however you need to consult a criminal defense attorney, present him/ her with the proof that you have described and get an opinion as to whether or not it might hold water in a court of law (or help in a plea negotiation with the state). What might...Read more »
I'm not sure I understand your question. If you have warrants for failure to pay court costs, you can likely resolve those warrants by paying the balance in full, by contacting the court clerk to see about getting set up on a payment plan and making your payments, or by requesting a rule 8...Read more »
Cases are dismissed for a variety of reasons. It doesn’t always mean that someone is innocent, but I don’t know your story. Many times cases are dismissed in a plea negotiation after a period of probation. Sometimes when a case is dismissed there are costs or monies that are still owed. If they...Read more »
The Department of Corrections supervises individuals on parole and has the power to issue a warrant for a parole violation. If a warrant is issued and the person is arrested on said warrant, the Pardon and Parole Board (usually one person with authority to act on behalf of the Board) will conduct a...Read more »
In your factual statement you didn’t recite whether they had a warrant or not. There are lots of factors that go into suppressing an illegal search and seizure. You need to immediately contact and or retain a criminal defense attorney who can go over the facts carefully and make a decision on...Read more »
I was researching some changing gun laws in my state. Upon doing so, I noticed the felony I was convicted of was changed to a “violent felony” six years after I plead to the crime. I’m wondering if I am now considered a violent felon or an
If you are looking at other laws that specify crimes that impact eligibility or prohibited conduct and you are trying to determine if you are eligible or prohibited from said conduct based on a prior conviction, most of the time it will not matter what the law was at the time of your conviction;...Read more »
Yes, except in those counties where the DA's office does the supervision (there are not many of them anymore - because they can make the $40/month for doing nothing). In all other counties, a 991 fee (prosecution reimbursement fee) is a separate fee payable to the DA, and the entity...Read more »
A buddy has a arrest warrant out for him and just wondering if they could go into his house to arrest him even if he doesn't answer the door and they don't know if he is there. This has nothing to do with a search warrant and don't involve me. I just curious if police can kick your... Read more »
The answer may depend on a few facts. Generally speaking, law enforcement is permitted to enter the residence of the person subject to an arrest warrant if the officers have a reasonable belief that the person is located inside. So, they must not know for certain that he is in the residence. They...Read more »
You need to consult a civil or criminal defense attorney with expertise in this area and have them review the Oklahoma statutes related to service of process. As a general rule though, subpoenas are commonly served in person by a licensed process server or a law enforcement official or by mailing...Read more »
I served a 3 yr. deferred sentence. Just wondering if once they dismiss the case I get my firearms rights back or if I have to wait till I can get the whole thing expunged. Is there a process in Oklahoma you have to follow?
A deferred probation means you’re not allowed to possess, in any manner (your car, your home, your pocket) any firearms. Once your deferred probation is concluded and the case is dismissed, as long as you’re not a convicted felon from some other episode in your life, you should be able to...Read more »
Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an... Read more »
Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.
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