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My fiancé is wanting me to find out how to obtain a copy of his discovery packet he has no attorney Would this be something that I could do for him and if so what steps do I take and who do I contact if not then who would he need to contact
answered on Aug 13, 2020
If he has been designated but he court as acting pro se, then all he needs to do is request it from he DA's office. There may be a nominal charge. If he is in custody, then he should have had a Public Defender appointed to defend him on his charges, and the Public Defender should provide him... View More 
4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?
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answered on Aug 11, 2020
The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:
"The... View More
answered on Aug 10, 2020
Felony warrants stemming from criminal investigations can be served day or night. I suspect this is what happened. You need to contact an attorney immediately to get a copy of the warrant in order to see if there’s anyway to challenge it’s Validity
This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license
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answered on Aug 5, 2020
The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence... View More
Three individuals got arrested together. All three received the same charge of 3 counts of 2nd degree burglary.
answered on Aug 4, 2020
You need to mediately hire a criminal defense attorney. Your attorney can request all of the discovery material, the evidence. He can then scrutinize it carefully to determine whether or not they have charged you with unnecessary or duplicate counts.
My felony warrant was recalled. Prosecution filed a motion to recall pursuant McGirt v. Oklahoma. Since the Feds will be flooded with back cases as well as current cases, my guess is the most violent ones will take priority and not refile on all the rest. But if they somehow do decide to prosecute... View More
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answered on Aug 4, 2020
Generally speaking, no. A federal warrant issued pursuant to a grand jury indictment, information, or complaint is usually filed under seal until the arrest has been made. The federal government uses the PACER system for court records, which is available to the public, but you must have an account... View More
The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... View More
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answered on Aug 4, 2020
Yes, that might be possible; however, it is only certain felony crimes that the federal government has exclusive jurisdiction (thus depriving the State of Oklahoma of jurisdiction). For all other felonies committed on Indian Country committed by or against Native Americans, the State of Oklahoma... View More
My ex and I entered into a temporary visitation agreement. He has is currently supposed to be monitored by his mother to see the kids, but is asking to have the monitored visits lifted. He and his live in girlfriend both were recently arrested for public intox and he was arrested for resisting... View More
answered on Aug 2, 2020
The public intoxication charge is the real issue. It shows that he is not capable of controlling his addiction. Having him kept on monitored visitation seems reasonable. I would even suggest supervised visitation might be in order. I think an example of greater self control would be needed... View More
What am I facing?
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answered on Jul 30, 2020
You indicate you are charged with "level 6" criminal recklessness and two "level 5" felony intimidation charges. Where are your charges? I am not aware of any Oklahoma state statutes that use the levels such as the ones you reference in your question.
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answered on Jul 30, 2020
Generally, this forum is used by people who have specific legal questions. The attorneys on here try to answer the questions as best we can with the limited information we receive. Your post just is just seeking help without any specifics (aside from letting us know you do not have any money).... View More
I need help with my warrant, I never been in trouble in Oklahoma only traffic tickets now this felony warrant haskell county Oklahoma I couldn't make court date my father passed away I called and changed court date but my mind wasn't focused my dad just passed june 14th 2020 my new court... View More
answered on Jul 30, 2020
You need to retain a criminal defense attorney immediately. Even if not considered a valid excuse for missing court, the loss of your father is certainly an “extenuating circumstance” that an attorney could possibly persuade the Court (Judge) to excuse and withdraw the warrant without you... View More
answered on Jul 29, 2020
A dog is still considered personal property. A sales receipt or registration with your name on it would go a long was to you being able to show an officer you have possessory interest.
people i know have told me they've been asked by police about me selling drugs. I believe i may be under investigation for it. I haven't sold drugs but I did have a severe addiction to heroin & allowed various people to enter my life, stay and get high with me for a long time.... View More
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answered on Jul 29, 2020
You cannot necessarily force law enforcement to stop an investigation; however, there are certain strategies that can be employed to best protect you and may cause any investigation into you to dissipate quickly. Also, be mindful that federal law prohibits all law enforcement and prosecutors from... View More
How long can county hold him without being able to see a judge.
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answered on Jul 27, 2020
It depends. Is he in the county from which the warrant was issued? If so, he should be seen quickly. If he is being held by one county for warrants from another county, it can take a little longer. If you want to discuss the specifics, please feel free to contact me tomorrow.
A plead of not guilty at arraignment. Second court case is today. I'm representing myself.
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answered on Jul 27, 2020
I'm not sure I quite understand your question. As a defendant in a criminal case, you have the right to represent yourself and to file motions on your own behalf. That does not mean that doing so is a good strategy or a wise choice.
I would strongly urge you to hire an attorney. You... View More
Charged with a felony 1st degree burglary and domestic assault. Police made falsehoods and omitted witnesses to which I could prove and wrote the DA proving such. Is it possible the officer is liable so they used these reasons to recall warrant instead of admitting officers fault?
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answered on Jul 27, 2020
The McGirt case is a U.S. Supreme Court case decided earlier month. There is a lot to the decision - but to summarize it to its most basic form...the Supreme Court determined that certain land (the Muskogee-Creek Nation) that was historically Indian Country but not considered as such by the State... View More
We were pulled over in Oklahoma and my nephew had a felony warrant in Wichita KS but they didn’t want to extradite
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answered on Jul 21, 2020
Several reasons could exist. Generally, when it is a felony warrant and the state is a border state, the state with the warrant will extradite. That said, it could be that because of COVID, a limited budget to transport inmates from other states, or a limited jail space in the county from which... View More
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answered on Jul 17, 2020
Unfortunately no. There was an order from the Oklahoma Supreme Court extending all deadlines that occurred between the middle of March to the middle of May, as a result of COVID-19. Because you indicate that your deadline was in February, I do not believe there is anything that would extend that... View More
Can I even drop the charges? It was a Domestic but police are really exaggerating the case big time. Im afraid he is going to get a sentence he doesn't deserve over an isolated incident. Thank You
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answered on Jul 17, 2020
Generally speaking, the DA will evaluate the case and determine if there is sufficient evidence to proceed with charges and determine what charges to file based on the facts. The DA can pursue charges even if it is against your wishes. This is especially true, and it frequently occurs, in cases... View More
Isolated incident is getting way out of control. He surely does not deserve to do time over it.
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answered on Jul 17, 2020
Generally speaking, the DA will evaluate the case and determine if there is sufficient evidence to proceed with charges and determine what charges to file based on the facts. The DA can pursue charges even if it is against your wishes. This is especially true, and it frequently occurs, in cases... View More
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