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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: my sister was out on a cash bond and the morning of court they issued a bench warrant on a motion to revoke and arrested

Her and she didn't get to go infront of the judge even tho she was there and filed failure to appear and forfetied my bond and set a bond at 75000$

David A. Cincotta
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answered on May 24, 2020

You and/or your sister need a criminal defense attorney immediately. If court was missed due to being arrested on a warrant from another case, the court will often let the defendant back out on the original bond once bail is made in the other case. Sometimes the judge does not know the facts and... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does Criminal miscellaneous mean and what does a mi case also mean
David A. Cincotta
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answered on May 22, 2020

It is just a case filing code used by the Court Clerk to file something where there may not be a criminal case filed (either a Criminal Misdemeanor CM or Criminal Felony CF). If there is something filed by an individual that is of a criminal nature (e.g. a bond reduction motion for someone being... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Temporary commitment w/sheriff's return?

I was released from jail 2 weeks ago on probation and I looked at my record online and a week ago they posted temporary commitment with sheriff's return. Does that mean I'm going back to jail? I don't think I violated anything. This is my first time ever being in trouble so I'm... View More

David A. Cincotta
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answered on May 20, 2020

A temporary commitment is a document used by the courts to communicate information about a defendant/inmate in the custody of the Sheriff's Department (at the county jail). It is used by the court when it adjusts a bond amount for someone in custody, when the judge orders someone into... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim's name is wrong on a VPO is it legally binding/valid?

On August 12, 2016, my girlfriend at the time/mother of my child whom I had lived with since 2010, filed a protective order against me following an argument. I was served on August 17, 2016 and an EPO was issued. I stayed at a friends house for 2 days and she came and picked me up. I was at home... View More

Brian Boeheim
Brian Boeheim
answered on May 18, 2020

The slight name error is not an issue and will be overlooked as what is called a scrivener's error by the court. What is in place is a Protective order (PO), not a VPO, which stands for Violation of Protective Order. As the person asking for the protective order, she cannot violate the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: How long does the DA have to press charges for domestic assault if the other person didn't press charges?

The police came to my home in February of 2020 due to an argument my girlfriend and I had. I was not arrested and she did not press charges nor file a protective order against me. Everything has been fine since then. On May 12th 2020, my girlfriend received a letter in the mail naming her as a... View More

Brian Boeheim
Brian Boeheim
answered on May 18, 2020

Hire a lawyer! Don't make any statements to anyone, especially the police. Do not ask you girlfriend not to testify, because that could be construed as witness tampering, or intimidating a witness. The DA has 3 years to file charges. They also don't need your girlfriend's... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can the date on a search warrant be crossed out and written for 2 months later?
Brian Boeheim
Brian Boeheim
answered on May 17, 2020

if the Judge did it at the time of the warrant, because he/she just screwed up on the date, then yes. If it was done after the fact, and the Judge didn't resign the warrant, then no. I would also question the reliability of the information if it was based on then old information. I would... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: If I voluntarily turn my children over to dhs, will I be charged with anything?

Homeless, carless, jobless living in a hotel with 3 children. Having a hard time supporting them. All 3 have adhd and odd. 1 has autism. I don't want to give them up but I don't see any other way. Family is unwilling to help. Don't get food stamps or tanf. Have applied for both.... View More

Brian Boeheim
Brian Boeheim
answered on May 16, 2020

You are clearly in a tough position, and you want to provide the best future for your children. From a purely legal point of view, I would suggest you act out to Family and Children Services and set up an appointment to see what services they may be able to provide. If the services they would be... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: If I suspect a parent of having an addiction can I get into legal trouble for not reporting it?
Brian Boeheim
Brian Boeheim
answered on May 15, 2020

It will be very hard for any agency to file anything on you unless you have a supervisory role over the child. Co-parent, possibly a close relative that watches the child, or a teacher or school administrator. With that said, health professionals and school people have an obligation to report... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I move out at 15 if I’m getting verbally abused at home and not feel safe
Brian Boeheim
Brian Boeheim
answered on May 9, 2020

I don't know your situation; emancipation is an option, but I would suggest finding someone who would be willing to be your guardian until you reach 18 years old. The courts would be much more open to that option. If it is really bad, and you are really not safe, you can always call DHS or... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can u get a apprentice for plumbing with a felony
David A. Cincotta
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answered on May 7, 2020

Doing a quick cursory search of the statutes providing for the licensure of plumbing apprentices, journeymen, and contractors in Oklahoma, there does not appear to be a provision prohibiting convicted felons from holding such licenses. Further, the regulations of the Construction Industries Board... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: What's this mean? AMENDED ORDER SETTING CONTESTED CRIMINAL HEARINGS.

It was entered on odcr.com regarding my girlfriends felony Dui-d case. Also ORAS was on there.

David A. Cincotta
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answered on May 5, 2020

It appears that an amended order was filed, likely setting or resetting certain hearings (possibly due to COVID-19 and the Oklahoma Supreme Court's administrative orders pertaining to cases currently scheduled through May 15). ORAS often is used in criminal cases to refer to the Ohio Risk... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Myself as well as my ex have been charged with larceny of cable in Oklahoma. Neither of us lived at the property!

My ex step son lived there at the time & obviously hooked the cable up illegally. The property is owned by my ex mother in law. How can they charge me with it?

David A. Cincotta
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answered on May 5, 2020

Unfortunately, the State can charge you with a crime while only having probable cause that a crime was committed and that you committed it. The State filed an Information to charge you, and often you will find a probable cause affidavit filed in support. Both documents should provide you with what... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can’t police change the dates of a witness statement

An informant said that I had some guns in 2018 the police wrote it down as 2020 In his information to the judge to get the affidavit for a warrant the windows also gave me a wrong address for the year 2018 the paperwork never stays 2020 but that’s with the officer wrote down in his work to the... View More

David A. Cincotta
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answered on May 5, 2020

It sounds like you have some factual details to dispute in defense of a criminal charge or possibly in a civil rights lawsuit. However, with the limited information and without the ability to review the documents, it would be extremely difficult for an attorney on an online forum to provide you... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: Well incarcerated my house is broken should I have been asked if I wanted to press charges or not

I was arrested while I was arrested my house was broken into should I have been asked if I wanted to press charges or not

Brian Boeheim
Brian Boeheim
answered on May 3, 2020

The idea of "pressing charges" isn't really the way it works. The DA is the only one who can file charges (press charges). They have complete discretion. The police and the DA may ask you if you want to testify (come to court), but that is really as far as it goes. Now if they... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In 2020 if the police get a tip that you had some guns in 2018 can They get a search warrant
Brian Boeheim
Brian Boeheim
answered on May 3, 2020

What can happen is different from what should happen. A tip from a confidential informant that is for all purposes 2 years stale, should not be enough for a search warrant. If there are other issues and evidence and this is just one small supporting part, then it is possible, but it still makes... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Does an inmate need a lawyer to get a one year case review in front of a judge?

My boyfriend was given a 13 year sentence over a year ago. Since being incarcerated the laws have changed and 2 of his charges are now misdemeanors and the other 2 carry a max sentence of 10 years. What does he need to do to get a one year case review in front of a judge? Is there anyway to get his... View More

David A. Cincotta
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answered on Apr 30, 2020

If he is going to seek a judicial sentence modification, I strongly recommend he do so with the assistance of an attorney. While he does not have to have an attorney to file the motion, having an attorney will increase the chances of the motion being taken seriously and increase the odds that the... View More

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3 Answers | Asked in Criminal Law for Oklahoma on
Q: Can two lawyers be hired for one case?

Charges are possession of controlled substance with intent to distribute. Client is worried additional charges may be applied as well.

Tracy Tiernan
Tracy Tiernan
answered on Apr 25, 2020

Provided you have the resources to retain two different lawyers, but, of course, you can hire as many attorneys as you like. You would likely prefer that they work on separate cases (as there could be some difficulty sharing responsibility if Two different attorneys brought their different... View More

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Gov & Administrative Law for Oklahoma on
Q: In Oklahoma local police took a friend's dog said he had pay fees and unrelated traffic tickets before returning dog
Brian Boeheim
Brian Boeheim
answered on Apr 22, 2020

Normally, law enforcement can take possession of a dog if hasn't been inoculated, spayed, or neutered, or if it is "at large", has bitten someone, or is deemed dangerous, and yes, at least under Tulsa Municipal Ordinances (Title 2, Section 109), there are reclaiming and impoundment... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My car was impounded. The police have a hold , the tow yard States the car is there under title 47 sec 901. Can I get

Car is financed

David A. Cincotta
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answered on Apr 20, 2020

The reason the car was impounded could impact the steps you take next. The police could have a hold on it for a variety of reasons (suspicion of it being stolen, need to process it as evidence, considering filing a forfeiture action against it, etc.). If the vehicle was impounded and you were... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If someone has a daughter and grandchild that depends on them entirely, could she serve community service instead of tim
Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2020

Of course. However, the fact that you are posing this question leads me to deduce that you have been offered some type of incarceration, be it jail time or prison.

And, as I suspect, if you have had legal counsel representing your interests along the way to arrive at your final plea offer...
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