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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the name is misspelled on almost every court document. Could this be a reason for a dismissal?
Timothy Carignan
Timothy Carignan
answered on Mar 26, 2024

No. A minor mistake like that is called a Scrivener’s Error. It’s blamed on the person typing up the paperwork that someone else directed. If it’s pointed out, the case won’t get dismissed; it will just get corrected.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma is accidental death from overdose negligent homicide charge for someone who helped to inject the deceased?
Tracy Tiernan
Tracy Tiernan
answered on Dec 30, 2023

Not enough information to properly evaluate or assess what the appropriate charge might be under such circumstances.

You need to contact a seasoned criminal defense attorney to discuss the matter in more depth. On its face, though, without more information, I can certainly see the state or...
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1 Answer | Asked in Criminal Law and Banking for Oklahoma on
Q: I just found out my sister wrote a bad check 22 years ago for 25 dollars a arest warrant was issued but no one notified

No one notified her she had no idea at all now what will happen to her she just found out looking on line for something else can you help will she go to jail after 22 years please need help

David A. Cincotta
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answered on Dec 4, 2023

In this situation, there is likely a very strong defense for the matter to be dismissed. I would encourage you to contact a criminal defense attorney in the area where the charge was filed.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Statue 21-649-A . Is that a felony or a misdemeanor. Is that just assault
David A. Cincotta
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answered on Dec 4, 2023

Subsection A is just assault (no contact/touching), and it is a misdemeanor.

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: If convicted of domestic assault and battery misdemeanor, can you live in a home with a firearm?
James L. Arrasmith
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answered on Nov 12, 2023

Bartlesville, Oklahoma has strict laws regarding domestic violence convictions and firearm possession. Specifically, under Oklahoma law, it is illegal for someone convicted of even a misdemeanor domestic assault and battery charge to possess a firearm.

The law prohibits anyone convicted of...
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1 Answer | Asked in Criminal Law, Native American Law and Wrongful Death for Oklahoma on
Q: I'm 29 and just found out I am pregnant a woman kicked me in my lower stomach abdominal Causing me to have a miscarriage

What type of crime would that be?

James L. Arrasmith
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answered on Nov 7, 2023

If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The... View More

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law, Small Claims and Education Law for Oklahoma on
Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?

My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she... View More

Timothy Carignan
Timothy Carignan
answered on Nov 3, 2023

There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't,... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: What if someone that is a felon gets a gun charge from a gun that was locked in glove box of car unaware of it there

From Texas in Oklahoma and the owner claims the gun and never give them consent to search or unlock glove box

Tracy Tiernan
Tracy Tiernan
answered on Oct 22, 2023

Someone convicted of a felony is not allowed to possess a gun under his roof, in his car, or in his pocket.

The situation that you have provided raises a couple of interesting questions. The first is the legality of the search and seizure. The second is knowledge of the presence of the gun...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I get something expunged off my record

It’s been on my record for over 30 years

Tracy Tiernan
Tracy Tiernan
answered on Oct 9, 2023

Many criminal defense attorneys also offer criminal record expungement services. It involves a petition, serving notice on several entities involving law-enforcement and other state offices, setting it for hearing, and, in most instances, simply circulating an order of expungement for signatures... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: An officer showed up at my house today said they wanted to speak with me said I had allegedly beat up someone

My girlfriend child and I was out of town and have witnesses to this and text from alleged victim sayin it was a lie can they arrest me

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

Yes, they can arrest for allegedly beating someone up. You should retain an attorney with experience in criminal defense to assist you in clearing the matter up. Police may not take your girlfriend's word for it. Gather together any receipts you may have for purchases made while you were... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: OSCN reads Jury Trial (issue) with the upcoming date. What exactly does this mean?
Tracy Tiernan
Tracy Tiernan
answered on Oct 1, 2023

An “issue” setting means it will be the actual Jury Trial. An evidentiary trial before a Judge with an impaneled jury, testimony taken from witnesses annd evidence introduced. The trial will conclude with a deliberation by the jury and, hopefully, a final verdict.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is Bail jumping alluding police burglary 3 or burglary 2 a violent felony

Just trying to figure some things out

Tracy Tiernan
Tracy Tiernan
answered on Sep 29, 2023

All of the charges that you have referenced would NOT be considered 85% crimes. That simply means if you are sentenced to a period of time in prison, you would not have to serve 85% of your sentence before you are eligible for parole. So, the simple answer to your question is “no” those would... View More

1 Answer | Asked in Criminal Law, Divorce and Banking for Oklahoma on
Q: My ex husband cashed an escrow and insurance check with my name on it too. Is there something legally I can do?

He didn’t offer me half.

It had my name AND his name. Our names were separated by AND.

T. Augustus Claus
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answered on Sep 29, 2023

Your name being on the check and it being cashed without your consent could constitute fraud or conversion. You could file a civil action to recover your share of the money.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: So what does it mean when in it it says it's a state request more time at waiting for lab results and no record at this

Does that mean they don't have the proof of how much I had or what I had on me or is that events might have been lost or is it because I was arrested by Tribal Police but I'm going through a state case

Tracy Tiernan
Tracy Tiernan
answered on Sep 27, 2023

Criminal cases involving questions as to someone’s, possibly having ingested drugs or alcohol can sometimes be delayed when test results are sent off to the Oklahoma State Bureau of Investigation lab or some other lab for testing. I’m not sure what your situation is but I suspect, perhaps, a... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
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answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a bondsman tell you where you can live? Can they revoke your bond if you don't do what they say?
Tracy Tiernan
Tracy Tiernan
answered on Sep 16, 2023

Many bondsmen/ women operate differently. They don’t have to take your case. If they feel uncomfortable or feel, there is a risk you might not show up to Court or you are a flight Risk.

Again, you need to contact the bondsman/ woman that you have to discuss any issues related to a change...
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2 Answers | Asked in Criminal Law and White Collar Crime for Oklahoma on
Q: If a person pawns items they don't own, but retrieve items and return to owner w/o anyone knowing, can they be charged?
Tracy Tiernan
Tracy Tiernan
answered on Sep 14, 2023

Interesting fact pattern for certain. The crime (False Declaration of Ownership) was completed when you signed the document alleging you have owned the property for a certain period of time. The fact that you retrieve it later and make everything right would certainly be an extenuating circumstance... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What if it doesn't show an order of dismissal? What do I need to do? I was never informed
T. Augustus Claus
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answered on Sep 13, 2023

Start by contacting the court clerk's office where your case was heard and inquire about the status of your case and the existence of any dismissal orders. Utilize any online resources provided by the court to check for updates.

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

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