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Oklahoma Criminal Law Questions & Answers
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, DUI / DWI, Employment Law and Family Law for Oklahoma on
Q: Can Carter County combine a pending criminal case/allegation with a civil contempt child support case you're paying on?
Andrea Worden
Andrea Worden
answered on Mar 10, 2023

I think you are referring to money. County court clerks usually combine court costs and fines (on multiple cases) so that individuals have 1 payment to handle each month.

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

1 Answer | Asked in Criminal Law for Oklahoma on
Q: A 4 year deferred was offered on a crime that the okl. Supreme court statute clearly states the maximum penality is 2 yr

My question is, what do I do next and how do I go about this?

David A. Cincotta
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answered on Feb 24, 2023

The deferred judgment procedure is not a sentence, so the length in which the court can defer sentencing is not limited by the maximum range of a sentence for a specific crime. Should you agree to the deferred judgment, violate the terms of your probation, and the State seek to accelerate your... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do you have to remove your dogs from a vehicle during the traffic stop so the canine can conduct a free air search

I was an ended Oklahoma and they made me get my dogs out of the truck because the canine handler said their dog would not work with my dogs in the vehicle. They told me if I didn't remove my dogs from the vehicle during the free air search they would have animal control come and take my dogs.

David A. Cincotta
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answered on Feb 24, 2023

The question you ask unfortunately cannot, in my opinion, be answered with a simple yes or no. The intricacies of a Fourth Amendment analysis regarding your rights and the actions of law enforcement are very fact specific. If you were charged with a criminal offense resulting form that traffic... View More

1 Answer | Asked in Copyright and Criminal Law for Oklahoma on
Q: Is it illegal for someone to take photos off of my Facebook account of my child to post on there account

Someone I don’t know took photos I had posted on my Facebook account and posted them on their Facebook account pretending my child was theirs

Steve Charles Vondran
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answered on Jan 24, 2023

If you took the image, it is your image (i.e., you own the copyright - even if you never registered it). Being that the use by the imposter would not appear to be commercial in nature, suing for copyright infringement may not be the most exciting option (especially since you cannot get attorney... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can county issue a warrant for failure to appear if they've been notified that the person is in jail in another county

My friend bonded out of one county but had a hold on another county. His court date is in two weeks and he was told that if he was still in jail in the other county that they would issue another warrant for failure to appear. And that even though he has met his bond that they might keep him until... View More

David A. Cincotta
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answered on Jan 20, 2023

Typically, the courts will issue a warrant if a defendant does not appear as previously ordered - even if the defendant is in custody somewhere else. The court typically won't order the bond forfeited if it is clear the person is in custody elsewhere, but that helps the bondsman and not the... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Is it illegal to open your child’s mail that’s addressed to your house if they’re 18?

My parents will not give me mail or will go though it without asking me first, I’m 18 and I’ve heard that it’s illegal but I want to make sure.

Charles Watts
Charles Watts
answered on Jan 10, 2023

In the state of Oklahoma you are considered an adult with some exceptions when you turn 18. The Federal Government has stated it is not legal to open another 'adult' persons mail without their explicit consent (such as in a wife opening a husbands or vice versa, a secretary opening the... View More

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Oklahoma on
Q: In the state of Oklahoma, can an employer go through your bag without consent?

A previous employer of a friends went through her Fanny pack without consent, lied about how they found/saw what was in the bag and then fired her for something completely different and basically without cause. There’s video evidence of her boss going into her bag without consent multiple times... View More

Charles Watts
Charles Watts
answered on Jan 10, 2023

This is a complicated matter, because with employer rights they can have policies in place that would allow a search of belongings (for specific purposes), however, there is also an expectation of privacy that has to be protected. You should contact an attorney so they can fully review all the... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I got arrested in July of 2021 and they indicted October of 22 I go for arraignment on February 1 2023

My attorney should file for dismissal the case is in texas

Charles Watts
Charles Watts
answered on Jan 10, 2023

First, this is a forum for Oklahoma, if your case is in Texas you should repost this in Texas for their input because you have to be licensed in Texas to give legal advice in Texas. Second, you have no question to be addressed, you seem to have the conclusion that it should be dismissed. Contact... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If supervision fees are waived why are 991 fees still being required?

It's not for a bogus check, education or drug court.

Tracy Tiernan
Tracy Tiernan
answered on Jan 2, 2023

In Tulsa County, and in many other counties, a $40 per month probation “supervision fee” will be charged by the supervising entity that is in addition to any fees owed to the cost administrator on a payment plan for “fines and costs.”

Often times if you have completed most of your...
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2 Answers | Asked in Criminal Law for Oklahoma on
Q: What are the steps that need to be taken when someone has used my name for 5 court cases? 2 of them have warrants

The two with arrest warrents were issued from animal welfare.

Tracy Tiernan
Tracy Tiernan
answered on Jan 1, 2023

You need to contact a criminal defense, attorney, as soon as possible, supply them with all of the pertinent facts, locations, jurisdictions, copies of citations, etc…and they will guide you.

In some instances, the police who pull someone over in a traffic stop will have on their body...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend received a simple driving under suspension ticket, and paraphernalia charge. How much time will they get?

Second driving under suspension arrest. And no drugs were found with paraphernalia.

David A. Cincotta
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answered on Dec 28, 2022

Every case is different, but it is possible your friend won't have to serve any time. Each crime you describe is a misdemeanor and each has the potential of a sentence no longer than a year in the county jail. Your friend should contact a criminal defense attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the statue of limitation on knowing conceal stolen property

In the state of Oklahoma

David A. Cincotta
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answered on Dec 28, 2022

The limitations period that the State has to file the crime you ask about is three (3) years. Keep in mind that limitations on the period of time the State has to file a charge is different than speedy trial issues - the period of time the State has to bring the case to trial. If you have been... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If I ignore a subpoena, will I get in trouble? I wasn't there but I was the one who called 911.

Its a domestic violence case, I was not there but was on phone with victim, call got dropped and no answer when I called back, so I called the police.

Tracy Tiernan
Tracy Tiernan
answered on Dec 15, 2022

What a great question! And what an unbelievably common question in domestic assault and battery cases. Just about any criminal defense attorney will have a story about victims having a change of heart and wanting to stop this speeding train of prosecution against the father of their children or... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Is a field test required by an arresting officer during a traffic stop? i.e. meth

How can someone be arrested for a simple possession in Oklahoma if the substance was never tested at the scene? Is the substance automatically sent to a lab to be tested? How long can this test take? Can an individual request these results? Should there be a certain amount in order to be tested?... View More

Brian Marc Roberts
Brian Marc Roberts
answered on Dec 2, 2022

Many agencies have stopped field-testing substances they believe to be drugs based on their experience with narcotics and the appearance of the substance. A few years ago a couple of officers were rushed to the hospital after being exposed to a narcotic after opening the container it was in and... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello what is the Federal guidelines in order to qualify for a court appointed lawyer in Oklahoma?

What is the federal poverty level for an individual? Basically how is this figured?

David A. Cincotta
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answered on Dec 2, 2022

Typically, someone who is out-of-custody will be required to complete an application for a court-appointed attorney (the application form is likely available through the court clerk, the court, or the public defender's office in Oklahoma County). The courts will require that you fully complete... View More

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