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my friend was pulled over an informed that she had a warrants for both trafficking illegal drugs and also this said charge (stat. listed above) but has not had any misdemeanor or felony charges as an adult. can this firearm charge still be used and applied if her time they are saying she was... View More
answered on Feb 8, 2022
Regrettably, yes it can be used as the predicate. If you read the statute carefully, in the first sentence, it uses the language:
“D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have... View More
answered on Jan 22, 2022
In many instances a Judge WILL entertain an application or motion for early termination of a deferred probation provided all probationary obligations have been satisfactorily completed and fines, costs, assessments and probation fees are paid in full. You simply have your attorney file the motion... View More
answered on Jan 3, 2022
If you haven’t hired a private attorney for him then the Court will likely have inquired as to his financial situation. If he qualifies as indigent, or unable to pay for a private attorney, they would have appointed a public defender. That’s who you need to contact. His attorney.
answered on Jan 3, 2022
Criminal “Possession” of something is not always as straightforward as one might think. When you are looking at Possession of a controlled dangerous substance (CDS), or drug possession, it is not always the obvious situation where you are caught with the drug in your hand or pocket. It might be... View More
I'm homeless with no job. Been trying hard to find a job.
answered on Dec 24, 2021
This is an incredibly common phenomenon in the criminal court system in Oklahoma and elsewhere. You bonded out …..somehow. It may not have come out of your pocket but it came out of someone’s pocket …your family, or a friend, or an acquaintance that was trying to help you. Now the judge is... View More
okay guy wanted to buy an old pickup we had, we agreed to a purchase and he gave me $100 to hold it while he got the money. Instead he came back and just took the truck. I still have the title he did no paperwork. The police said that he didn't steal the car I sold it to him for $100. That... View More
answered on Dec 23, 2021
It appears you have a few issues that must be addressed. One is whether a crime was committed - which if so the police could enter the vehicle as stolen in the national database. Another is whether you had a valid contract with the purchaser. Third, is whether an actual sale of the vehicle... View More
Has this changed?
answered on Dec 20, 2021
A battery is any willful and unlawful use of force or violence upon the person of another.
Can i take care of this stuff and not go to jail again
answered on Dec 15, 2021
You really should contact a criminal defense attorney in Missouri (I would try to find one in or around Platte County) with whom you can discuss this matter. Not sure if you are trying to determine whether you can post bond without going to jail or resolve your case in a way that keeps you from... View More
I am not a felon, my husband is. Can I own a gun? I would store it in a safe that only I have access to.
answered on Dec 13, 2021
Technically - yes you can, so long as you store in such a manner he cannot have access to it. Be very careful in what he has access to since if he is found with access to it then he could be charged with possession after former conviction.
My court docket reads PTC CONT TO 12-15-21 AT 1:30 PM TO SET FOR PLEA OR TRIAL.
If it gets set for plea does that mean I have to take a plea that day? Or will the judge set another court date for plea and sentencing?
answered on Dec 8, 2021
I’n most instances once your attorney negotiates an acceptable final plea bargain you can usually waive your trial rights (in felony cases you would also waive your right to a preliminary hearing), plead guilty (or no contest) and get started on your probation or agreed to punishment. You will... View More
Case # CRF-79-1268 , OK DOC#: 102168
answered on Dec 6, 2021
Yes. You qualify for a full, arrest-records expungement based on the fact that you received a pardon. You will want to contact an attorney who handles expungements, discuss with the attorney your qualifications, and I imagine (based on recent expungement cases I have handled recently) you could... View More
I was pretty much bullied into opening the car door for my abusive boyfriend (now ex boyfriend) so he could load 2 weed eaters he had just stolen from a storage unit, into the back seat of his car. I opened the back door like I was told to, and Got directly back into the vehicle. I am being charged... View More
answered on Dec 5, 2021
If you know about a crime, you go with them to the crime scene, you stay with them and you leave with them knowing what has occurred, you will almost always be charged as a codefendant. If you could show some coercion was applied to you, threats of some sort if you did not comply, and that you did... View More
answered on Dec 3, 2021
This is a type of release granted by the Court (“Own Recognizance” bond), where the defendant is allowed to be released from jail or allowed to have a warrant recalled based solely upon his/ her own promise to reappear at court for all future court dates without having to hire a bail... View More
I was pulled over outside city limits by a city cop. I'd like to validate he was in his jurisdiction. I'm having no luck with google searches. Any advice is wonderful! Thank you so much.
answered on Nov 29, 2021
Using Google Maps and searching for the city will generally highlight the city in a different shade/color. Often, the municipality's website will have a downloadable map of the city, which should show you the outer boundaries of the city.
I went to jail in 2018 then bonded out and my case closed shortly after, is the bondsman able to file bail jumping for non payment
answered on Nov 29, 2021
No. Bail jumping is a charge for those who are alleged to have absconded and missed a court appearance. It doesn’t appear that occurred based on your description.
If you still owe money to the bondsman and you previously agreed to pay him or her, the bondsman is able to file a civil... View More
answered on Nov 16, 2021
I don’t have enough information to answer your question. It sounds like you’ve got a new felony arrest with a bunch of misdemeanors while current being on probation for another case? Don’t know whether it’s felony or misdemeanor case that you’re on probation for. As far as how much it... View More
April 30th 2021, I bought a truck off of a private seller. I paid $17,500.00 for the truck. Before, buying I had the vin number checked on the truck through the Oklahoma Tax Commission, Bumper to Bumper, and NICB's VIN Check. Every single one came back free and clear. Fast forward to July 3,... View More
answered on Nov 15, 2021
It appears that you must immediately discuss your present criminal charges with a criminal defense counsel licensed in the jurisdiction where the original charges were filed without any delay.
answered on Nov 14, 2021
We really don’t have enough information to answer your question with specificity. Assault snd battery on a minor (your previous arrest) can be charged as a Felony. While the charge you have recited, “assault and battery in the presence of a minor” (I’m assuming you mean... View More
answered on Nov 9, 2021
First, a violation report by your PO does not automatically mean that the DA will file an application/motion to revoke your sentence. I suggest you take two actions. First, find your case on OSCN and monitor it to see if an application/motion to revoke is filed. If it is filed, a warrant will... View More
My car was caught in the crossfire of a shooting that occurred at a 7/11 a month ago. My car suffered damage, and I was indeed in my vehicle the time of the shooting. Luckily, I did not have any physical injuries. I am needing direction on how and who to hold responsible for my damages.
answered on Nov 8, 2021
For restitution for the damages to your vehicle, contact the DA's office prosecuting the individuals who were shooting. If you don't know if charges have been filed, you can contact the police department to inquire. The DA's office will generally have you fill out and submit a... View More
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