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Oklahoma Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Oklahoma on
Q: What’s it mean when an order & judgement of forfeiture is filed?

I went through (Bondsman) and and and the signer on a bond for my friend. He missed court on 2/17 And I see where this was filed (the forfeiture) What does this mean for me what does this mean for him

Tracy Tiernan
Tracy Tiernan answered on Mar 8, 2022

The short answer, I’m afraid, is its bad news for everyone. He’s gonna have a warrant issued for Cedar to peer and you’re on the hook for the bond at least for the time being if you signed surety papers or some promise to cover the bond if he fails to appear. I would immediately try to locate... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: A driver passed me illegally into the on coming lane and threw an object at my car while i was driving. What is the law?
Charles Watts
Charles Watts answered on Mar 2, 2022

Based solely on the specifics that you presented - it isn’t legal.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is a misdemeanor review?

It's for a friend.

Tracy Tiernan
Tracy Tiernan answered on Feb 25, 2022

A “misdemeanor review” is a return court date that is set by the judge after someone who has been charged with criminal misdemeanor has been placed on probation. The review date is the return date to come back to court and provide proof that all probationary obligations have been completed.... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What's the law on giving a different name when getting pulled over by the cops how much time should I expect to get ?
Tracy Tiernan
Tracy Tiernan answered on Feb 23, 2022

There are numerous different scenarios where giving a false name or holding one self out to be someone other than their true identity can subject an individual to criminal prosecution. From equipping your vehicle with lights trying to imitate law-enforcement or some other state official to giving a... Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Oklahoma on
Q: Would i be qualified for the dignity act bill if it passed? i have a misdemeanor of illegal possession of vapor product

i was 15 when i got the charge and i am now 18. the requirement says, “They must comply with all federal and state laws, pass a criminal background check” would i fail the criminal background check or does that only apply to felonies?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Feb 17, 2022

If you have a personal criminal record it will show during any state or federal criminal background check. Look into a possibility of expunging it under the state law if legally applicable with a local licensed attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: 21 OK Stat 21-1283 does this statute apply if adjudicated as a minor?

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... Read more »

Tracy Tiernan
Tracy Tiernan 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...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: can you go before judge if your fines are paid and ask for an early deferment ?
Tracy Tiernan
Tracy Tiernan 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... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son is currently incarcerated in Norman Oklahoma jail. Who do I contact about him being released to drug rehab.
Tracy Tiernan
Tracy Tiernan 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.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What do I do if I was charged with an illegal substance that I didn't have on my possession?
Tracy Tiernan
Tracy Tiernan 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... Read more »

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Oklahoma on
Q: What can I do if a judge threatens to jail me for not hiring counsel? Denying me the right to a public defender.

I'm homeless with no job. Been trying hard to find a job.

Tracy Tiernan
Tracy Tiernan 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... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Criminal Law for Oklahoma on
Q: If person buying a car gives you a small amount to hold the car, then doesn't pay the full price did u legally sell it

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... Read more »

David A. Cincotta
David A. Cincotta 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... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: 2014 Oklahoma Statutes Title 21. Crimes and Punishments §21-642. Battery defined

Has this changed?

Charles Watts
Charles Watts answered on Dec 20, 2021

A battery is any willful and unlawful use of force or violence upon the person of another.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a 2,500$ cash only warrant out of Platte county mo. For a class d possession. Also 1 more warrant

Can i take care of this stuff and not go to jail again

David A. Cincotta
David A. Cincotta 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... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I own a gun if my husband is a felon?

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.

Charles Watts
Charles Watts 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.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My PTC was continued to another date to be set for plea or trial? What does that mean?

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?

Tracy Tiernan
Tracy Tiernan 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... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a felony conviction from 1979, and I have a pardon, can I be expunged?

Case # CRF-79-1268 , OK DOC#: 102168

David A. Cincotta
David A. Cincotta 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... Read more »

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Oklahoma on
Q: I need to speak with an attorney regarding a Second Degree Burglary charge I am currently facing.

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... Read more »

Tracy Tiernan
Tracy Tiernan 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... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: What is a OR district bond
Tracy Tiernan
Tracy Tiernan 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... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: What is the best way to find police jurisdiction in oklahoma?

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.

David A. Cincotta
David A. Cincotta 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.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have already pled out and the case has been closed is the bondsman able to file bail jumping for non pymt

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

David A. Cincotta
David A. Cincotta 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...
Read more »

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