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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: may a state court in Indian country entertain an extradition proceeding on a native prisoner

I was arrested on an extradition warrant and held in the Pontotoc county jail on a failure to pay fines on another felony case. Because I am a citizen of a sovereign Indian Nation, and live in Indian country. Any warrant. or governors warrant must be addressed to my tribe. I was held in jail for... View More

James L. Arrasmith
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answered on Sep 11, 2023

Jurisdiction in Indian country can be a very complex issue as it involves a nuanced interplay of tribal, state, and federal laws. Generally, extradition processes involving Native American tribes might require collaboration between tribal, state, and possibly federal authorities to properly address... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How long does the district court have to answer an instant motion??

Filing an expedited motion for permission to travel out of state while on probation to participate in treatment/sober living.

T. Augustus Claus
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answered on Sep 6, 2023

In Oklahoma, the time it takes for a district court to respond to an expedited motion, such as a motion for permission to travel while on probation, can vary depending on the court's caseload and specific procedures. Typically, the court should act on expedited motions relatively quickly due... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was never served a e.p.o. paper never arrested or questioned why do I have felony warrant now issued? From state
Tracy Tiernan
Tracy Tiernan
answered on Sep 5, 2023

Emergency protective orders are not criminal charges, they are sort of “quasi criminal.” They are intended to keep certain parties apart from each other because of the alleged wrongdoing of one of them. As long as rules are followed once a decision is made on whether there is any merit to an... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I file a 983 A motion? Do I need an attorney? So I don't have to pay court costs anymore.

Been paying over 9 years faithfully

T. Augustus Claus
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answered on Sep 4, 2023

The first step is to obtain the necessary forms from your local court clerk's office or website. These forms typically require you to provide detailed information about your financial situation and reasons for seeking a reduction or waiver of court costs.

You'll also need to...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son was extradited from MO to OK for a criminal case six days ago. Does OK have a set time to set up an arraignment.
T. Augustus Claus
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answered on Aug 21, 2023

In Oklahoma, the timing of scheduling an arraignment for a criminal case can vary based on court schedules and caseloads. Generally, arraignment occurs shortly after extradition, but specifics depend on factors like the court's availability and the number of cases.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If my friend already plead no contest & is in mental health court & was to go to treatment but didn't can i find a lawye

Would it be better if I got him a paid attorney

Tracy Tiernan
Tracy Tiernan
answered on Jul 19, 2023

I’m afraid we’re going to need a bit more information before we can give you any meaningful direction.

But it sounds like you have a situation where a public defender or indigent defense attorney was appointed for someone who was sitting in jail as the case was making its way through...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a “PD” who has “dropped your case”. Decide to represent you at random to persuade you sign sentencing papers

When I was a kid, barely 18 even I got into trouble and caught a felony case.. I was so young and scared of the system that when my mother bonded me out I glad-fully forgot about the incident.. Until my court date came and I was sitting in the courtroom with my mother, both of us scared to death..... View More

Tracy Tiernan
Tracy Tiernan
answered on Jul 3, 2023

Very good question! In most instances, when a defendant arrested for a crime is bonded out, it shows the court (or judge) that you likely also have the financial ability to hire and pay a private attorney to represent you. They go to great lengths to lighten the load for the public defenders... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If my attorney has dementia can she legally continue to represent me in court and during trial in a criminal case
Tracy Tiernan
Tracy Tiernan
answered on Jun 23, 2023

Great question!

If you have noticed this dementia, and if you believe it is affecting the quality of representation of your case, it would be up to you whether or not to bring this concern to that attorney or the Court (Judge).

The attorney, I imagine, might disagree with you or...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My daughter is in custody and we had a lawyer but I fired now a PD but neither will show her the discovery. What to do

We fired the lawyer because she lied about what she can deliver , she lied about being at court, she lied about not being able to have access to the discovery. She lied about when preliminary conference and the preliminary was. We asked for the preliminary to be scheduled and she kept scheduling... View More

Tracy Tiernan
Tracy Tiernan
answered on Jun 9, 2023

You should always be suspicious of any attorney that says he drinks with the VA and currys favor with a Judge.

Can you tourney who won’t share evidence with the client he’s not doing their job. Most competent attorneys in just about any county should have your evidence within 1 to 7...
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1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can a judge put a NO CONTACT order on the accused for first offense without notifying the victim?

I went to court with my ex on the domestic dispute to actually speak on his behalf because I dropped the protection order off him and I just wanted him to get medical help with his bipolar and depression instead of jail time. Him nor I was ever told there was a SECOND no contact order on him by the... View More

David A. Cincotta
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answered on May 8, 2023

Separate from a protective order, a judge can order a defendant in a criminal case not to have contact with the alleged victim as a condition of the defendant's bond. I cannot tell if that was done here, and it is usually not something that gets ordered without the defendant being informed.... View More

1 Answer | Asked in Criminal Law and Military Law for Oklahoma on
Q: Juror informed me after my conviction of "contact?" between the jury and my wife (complaining witness). Extraneous?

It was a court Martial, sexual assault was the charge. Immediately after wife's testimony, GOV called a hearing to admit evidence, jury and witness were naturally removed. Jury watched her into a room that shared a wall with theirs. She proceeded to wail, cry, and scream for approximately 30... View More

James L. Arrasmith
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answered on May 2, 2023

Based on the information provided, it may be possible to pursue a coram nobis petition as a potential avenue for relief. Coram nobis is a legal proceeding that allows a court to vacate a conviction based on newly discovered evidence that was not available at the time of the trial and could not have... View More

1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and Criminal Law for Oklahoma on
Q: How do I appeal a lien that was illegally put on by city of spencer claimed they cleaned up and didn't clean it up

We we're fixing up my house and the pandemic hit we were quarantined on president order no evictions and they came and tore my house down but did not clean up the property but put a 10,000$ lein on my property stating they cleaned up my property the city of Spencer they only illegally tore my... View More

James L. Arrasmith
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answered on May 2, 2023

To appeal a lien that was illegally placed on your property by the City of Spencer, you should consider taking the following steps:

Review the laws and regulations: Familiarize yourself with the laws and regulations governing property liens in your area. Look for any rules or procedures...
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1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: Is the statue for interrupting a 911 call beyond a reasonable doubt to be found guilty or other form?

Witness to testify it did not happen.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2023

Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.”

This concept involving how...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello my name is Lexie Im from Arkansas I live in Oklahoma my license is suspended in Arkansas for failure to appear

I literally forgot that date I wanted to go to prove my innocence just forgot now I'm trying to get my driver's license but it's suppended. Can't get to Arkansas cause I can't drive there. I'm so lost can you help at all.

David A. Cincotta
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answered on Apr 24, 2023

I recommend you contact an attorney located in the county/municipality in Arkansas where you failed to appear. The attorney should be able to assist you.

Your other option is to contact the court clerk to pay your fine and fees in Arkansas. If you have an Arkansas license, you will then...
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1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Oklahoma on
Q: They're talking about re-arresting me when the lab results come back on the same charges I already bonded out on, legal?

I was pulled over and charged with possession. I had a tiny bag of meth and a "mixed" bag of coke and meth, at least that's what i was told it was. I was never 100% sure what it was mixed with and still don't, but If it's fentinol it'll be a little over 1 gram. I was... View More

David A. Cincotta
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answered on Apr 6, 2023

Each county handles these matters a little differently, but the best thing you can do is monitor OSCN/ODCR to see if a case ends up being filed and stay in touch with your bondsman. If charges do get filed, your bondsman can likely repost the bond and set you up with a new arraignment date (and... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does a Motion for a discovery and brief in support mean?
Tracy Tiernan
Tracy Tiernan
answered on Apr 3, 2023

A motion for “discovery” is often filed when one party, usually the defense attorney, but it can also be the government’s attorney, files a motion, asking for additional evidence that they believe might be in existence but has not been turned over to them yet. A “brief in support” of such... View More

1 Answer | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Oklahoma on
Q: If a mother filed charges on the father for child abuse with injury and decides to drop the charges what are the

consequences for the mother if she drops charges and a protective order? He doesn’t live in their home. She was told she could be charged with a misdemeanor. Is that true?

Tracy Tiernan
Tracy Tiernan
answered on Mar 28, 2023

This question depends a lot on the involvement of the department of human services in the matter. However, as a general rule, if a man has abused one of the children in the home (doesn’t matter whether they are his biological children, stepchildren or children of a girlfriend in a relationship)... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Native American Law for Oklahoma on
Q: My mother was murdered June, 2021. It was ruled a suicide within minutes. A Mcgj investigation is ongoing? My rights?

My mother was killed in June 2022 and it was ruled as suicide at the scene of a place she didn’t know and had never been on a river bed. A multi county grand jury is supposedly investigating. I was 17 years old at the time this happened and no one ever informed me she died. Do I have any kind of... View More

James L. Arrasmith
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answered on Mar 16, 2023

I am sorry to hear about the loss of your mother and the circumstances surrounding her death. As a victim of a violent crime, you may have certain rights under state and federal law, including the right to be informed about the progress of any investigation or legal proceedings related to your... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was ticketed for larceny on bogus pretences. Another person in the store withe but acting alone in accord shoplifted.

I did not however apparently she gave me a piece of gum from her purse as I remet with her after being separated while shopping. She had shopping bags so I thought she had bought some groceries from the WM store. They never contacted her nor got her into custody yet I was met by police later that... View More

James L. Arrasmith
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answered on Mar 5, 2023

If you have been charged with larceny based on a mistaken belief that you were involved in a shoplifting incident, it is important that you seek legal advice from a qualified attorney as soon as possible.

An attorney can review the specific details of your case, including any evidence or...
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1 Answer | Asked in Criminal Law, Constitutional Law and Libel & Slander for Oklahoma on
Q: What criteria has to be met to be considered police harassment?

There's an officer that has pulled me over numerous times without legitimate reason and twice recently has searched my vehicle to the extreme of actually taking parts of it apart. He is stopping ppl and questioning them about me and he is talking to ppl about what he thinks I'm doing. He... View More

James L. Arrasmith
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answered on Mar 2, 2023

Police harassment can be difficult to define precisely, as it can take many different forms and be based on a variety of factors. Generally speaking, police harassment occurs when a law enforcement officer engages in repeated or unjustified stops, searches, or other forms of contact that are... View More

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