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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: If you are bonded out of jail when you go to your court date can you still get a court appointed attorney?
Tracy Tiernan
Tracy Tiernan
answered on Jun 15, 2021

This is a bit of a difficult question to answer as it varies from county to county, from Judge to judge (particularly with the coronavirus pandemic having ravaged the country this past year or so.

In many instances the courts have dramatically reduced bonds to get people out of custody as...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What motion is it where you ask about you time being out on bond getting counted towards your incarnation time?

Where pre-sentance confinement & time on bail gets counted toward time served.

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 9, 2021

It's not really a motion. If it is part of a plea agreement, then it would need to just be written into the plea paperwork. If it is blind plea sentencing (where there is no agreement) or sentencing after a bench/jury trial, the defendant (through the defendant's attorney) can request... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: What writ is it where an inmate is being held for a jail sentence in one county serving a sentance but petitions another

Petitioning one county to start sentence while being held serving in a different county.

Andrea Worden
Andrea Worden
answered on Jun 7, 2021

writ of habeas corpus

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a misdemeanor assault and battery in Bristow,Oklahoma and need an attorney. How much with it cost.

She lied and said I broke in a assaulted her but she was living with my 70 YR old mother that she threatened to slap as she was going towards her and my mom grabbed her cane and told her I wish u would cause I'll beat u with my cane. Then called me crying and I went up there and slapped her... View More

Tracy Tiernan
Tracy Tiernan
answered on Jun 1, 2021

Attorneys fees vary greatly from city to city and attorney”s office to attorney’s office. You simply need to do a Google search for “criminal defense attorneys Creek county,” make a list of perspective attorneys to call and call them one at a time asking their rates. You can also check... View More

1 Answer | Asked in Criminal Law, Health Care Law and Juvenile Law for Oklahoma on
Q: How much trouble can a parent get if my counselor found out that my parents lets my underage brother and his friends

How much trouble can a parent get if my counselor found out that my parents lets my underage brother and his friends To drink and smoke and drive without a license and even buying the smokes for them

And letting them drink but don’t buy it for them

Pete David Louden
Pete David Louden
answered on May 29, 2021

Big trouble.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Municipal Law for Oklahoma on
Q: My son is being held in Oklahoma awaiting extradition to Arkansas it's been 2 weeks and they have yet to come get him

What can I do to get him released from hold or speedup the process or to help him at all

Pete David Louden
Pete David Louden
answered on May 8, 2021

Best thing you can do is help him hire the best criminal defense attorney you can find.

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for Oklahoma on
Q: If someone was arrested for Domestic Violence, Kidnapping, Assault by Strangulation and making death threats and were

charged with those offenses, but the accuser willingly and voluntarily dropped all accusations and refused to press charges against said abuser. Can those same accusations be brought back up 3 years later as evidence used in obtaining an Emergency Order of Protection being granted? Or are those... View More

Jessica Brown
Jessica Brown
answered on May 3, 2021

From what you've described, they can still be brought up. They're certainly not "void."

Victims don't have the choice about "pressing charges." Rather, that's the prosecutor's call. The victim can recant, fail to cooperate, etc. But it's the prosecution's choice whether to press charges or not.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I blacked out from drinking too much alcohol, someone had sex with me while I was blacked out, is that rape in Oklahoma?

I have no memory of making inside my apartment or anything after that and woke up the next morning naked from the waist down. I was left on the couch with my pants on the floor and no blanket to cover me. He was in my bed in my room sleeping. He was also drinking but only had 3 drinks in comparison... View More

Jessica Brown
Jessica Brown
answered on Apr 19, 2021

I am so sorry to hear this happened to you. If anyone is in an altered mental state (I.e. blackout drunk), they can't consent to sex, signing a contract, etc. I don't practice criminal law (only civil here), so I'm not sure offhand about the legal definition differences between rape... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What can I do? I go to non jury trial to explain to the judge

My case is possession of stolen copper.

I feel if I go in and tell the judge what happened he will get me for theft of stolen copper instead of possession. There was a spool of braided copper by this oil field site

I’ve worked in many and never seen anything like that around.... View More

Tracy Tiernan
Tracy Tiernan
answered on Apr 18, 2021

You won’t get many takers to respond to your legal question knowing that you’re represented by an attorney. I would encourage you to sit down with him/ her, explain your concerns and have him/ her go over all of your options. Most attorneys charge far greater attorneys fees for trials (bench... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do lawyers sometimes do pro bono cases for someone who cant afford one?
Jessica Brown
Jessica Brown
answered on Apr 13, 2021

Yes, we frequently do. Our Rules of Professional Responsibility also encourage a certain number of pro bono hours for each attorney per year.

I noticed that the topic you chose is criminal law. While I don't practice criminal law, others do and offer free (pro bono), low cost (low...
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1 Answer | Asked in Criminal Law, Constitutional Law, Election Law and Federal Crimes for Oklahoma on
Q: When the United States Supreme court says there no standing to take up a case what are they saying.
Jessica Brown
Jessica Brown
answered on Apr 13, 2021

Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf.... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is what is the stipulations of knowingly concealing

I didn't know until days later

Tracy Tiernan
Tracy Tiernan
answered on Apr 11, 2021

Not sure exactly what your question is, but here is the language from OS Title 21 Sec. 1713:

“Every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false...
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1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: My 17 yo has runaway what are my rights as the parent. I've contacted local authorities and filed a runaway report.

My 17 yo has runaway, I've contacted local authorities and filed a runaway report. I've been told by authorities that if they make contact with her they can not force her to return home if she refuses. If I make contact with her can I as her mother force her to come home? If not, what are... View More

Pete David Louden
Pete David Louden
answered on Apr 2, 2021

Assuming there is not something going on in the home that would be a legitimate reason for the child to be placed outside the home, then my answer is pretty straightforward.

As the parent, you make the rules, period. The child does have options but you can limit those options to the child...
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1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Do i have to deal wuth crimunal charhes b4 i can charge jail with use of excessive force?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 1, 2021

Short answer is no as presumably these are 2 separate incidents. That said, you should try to involve an attorney or group of attorneys who will work together on both incidents in order to provide you the best outcome. Use the Find a Lawyer tab and search for criminal defense/civil rights/1983... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If a protective order has been vacated, but you had several protective order violation counts, do they vacate aswell?

Or do the charges remain active. I can make my case on that she lied about the protective order thats why she petitioned to vacate.

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 28, 2021

Dismissal of the protective order does NOT dismiss pending criminal charges. You should retain an experienced criminal law attorney to represent you in that case.

1 Answer | Asked in Criminal Law, Immigration Law and Juvenile Law for Oklahoma on
Q: Is the charge “unlawful possession of vapor products” a drug related offense? and if so would it disqualify me from H.R6

I don’t think H.R 6 2021 is a law yet but would it disqualify me? i only had a vape cartridge and got charged with unlawful possession of vapor products because im a juvenile. it might have been thc in the cartridge but they put vapor products so would this mean its a drug related offense or is... View More

Charles Watts
Charles Watts
answered on Mar 20, 2021

The erm "vapor products" shall have the same meaning as provided in the Prevention of Youth Access to Tobacco Act.

Therefore this is the same as possession of tobacco products (ie cigarettes, cigars, etc...)

Failure to pay the fine associated with it results in suspension of DL.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What charges could someone recieve for stealing a deceased person's prescription narcotics

My friends mom died my friends brother's wife stole the moms medication to sell

Tracy Tiernan
Tracy Tiernan
answered on Mar 16, 2021

Burglary/ Possession of Stolen Property/ Knowingly Concealing Stolen Property/ Unlawful Possession of CDS with Intent to Distribute/ Just to name a few possibilities.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: No gun was found so does that mean they have no evidence besides what the witnesses have told the police?

Only one of the two victims is cooperating.

Pete David Louden
Pete David Louden
answered on Feb 25, 2021

You won't know for sure what evidence the state has until discovery is received. The discovery will disclose the state's evidence. Talk to your attorney if you already have one, if not hire one asap.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How long can I hold my son in Oklahoma after he signed extradition papers for Kansas
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2021

If he signed a waiver of extradition, Kansas should have ten (10) days to come get him. They can request an extension, but generally those are only permitted in extreme circumstances. If he has not signed a waiver or waived in front of a judge, then it may be longer.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a woman assaults my wife, what am I (a 22 year old male) allowed to do?

My wife (female, 22) almost got assaulted my a neighbor in our apartment complex, and I want to know what I can do in the future if the situation gets worse

Charles Watts
Charles Watts
answered on Feb 22, 2021

Call the police and/or file a vpo - do NOT take anything into your own hands unless there is an imminent threat to life or limb and the police have not arrived (Anytime you take action yourself you are opening yourself up for very expensive litigation and potential criminal issues for yourself)

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