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answered on Oct 12, 2022
While traffic violations are generally treated a little differently, any violation of law in Oklahoma that carries a fine or jail time that does not meet the definition of a felony, is technically a misdemeanor. That includes all, or nearly all, traffic violations - including the one you ask about.... View More 
i am doing a school project where i am a lawyer defending his client *he is charged with robbing a store and killing a attendent*,they were a mask and gloves, there are no witnesses to see the face of my defendent, the crime took place at 3:00 and my defenddent is told me he is guilty of the crime... View More
answered on Oct 6, 2022
I would take the time to contact a criminal defense attorney who specializes in felony cases, there are a lot of us.
The most obvious thing is you cannot let him testify at trial, particularly if he’s going to deny involvement or responsibility for the crime. Why is that? If you put him... View More
Bringing up something over a year ago that he had done but I made him give it back to the man of the store and nothing else was said what do I do or what's going to happen they are that he is an alleged delinquent.
answered on Oct 6, 2022
Best advice is to not share specific facts on this public forum. Next I would call or consult a criminal defense attorney who handles juvenile cases to discuss your fact pattern in order to get an idea what you’re facing and what a likely outcome will be based on all of the circumstances. Best of... View More
They are a alcoholic with mental health issues. Can they be sent to rehab instead of jail. They have a serious problem and need help. Could the court order it or is it mandatory jail.
answered on Oct 4, 2022
Sounds like a situation where the offender has no prior convictions or arrests. If you want to or feel as though you need to go to rehab then by all means do it. However, most situations involving this particular crime and with no prior history are going to secure some type of probationary plea... View More
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answered on Oct 3, 2022
If you are posting this question to find out what you can do have the records expunged, you will first need to apply for a pardon or wait. Assuming you conviction was for a non-violent crime, you will likely qualify to have the records expunged five years after your sentence ended (so in 2026).... View More
I have a couple misdemeanors on my record and 2 felonies... But my misdemeanors are paid off and where done in 2014. How can I know they are eligible or not. And if that's so then when will approximately they be?
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answered on Oct 3, 2022
There are two types of expungements of criminal cases in Oklahoma. If your sentencing on the misdemeanor was deferred, then you would qualify to have the case dismissed and the court records expunged upon the date to which your sentencing was deferred expiring. Some counties do this automatically... View More
To our knowledge, the property owners are not pressing charges. However, the District Attorney is charging him with a misdemeanor for this accident. He was not under the influence of anything. He was returning home from football practice. He's a good kid. No history of drugs or alcohol. Good... View More
answered on Sep 21, 2022
If the District Attorney is prosecuting this, then you need to hire an attorney to represent your son's interests and help mitigate this matter----depending on the age of your son, it may be possible to get all of this transferred to juvenile court jurisdiction which might keep all of this off... View More
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answered on Sep 19, 2022
If you are not wanting to testify, I would recommend that you first talk to your husband's attorney. Failing to comply with a subpoena can have consequences, so don't just ignore it. You can always contact the prosecutor directly as well, but talking to your husband's attorney first... View More
answered on Sep 8, 2022
You stated you have a “charge” that was administratively dismissed. As long as you were never CONVICTED of a felony and don’t have any felony convictions you should be fine. It would be wise to consult a criminal defense attorney, however, to discuss the subtleties and specific facts of your... View More
No previous charges, they got 15yrs for a child neglect charge. First and only offense.
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answered on Sep 4, 2022
An appeal of the conviction is out-of-time. Under very limited circumstances, a conviction can be vacated through the Post-Conviction process. Another consideration would be applying for a sentence commutation.
I would encourage you to contact an attorney to review the person's... View More
IF someone is shot fleeing the police and never fired a round can the cops say he fired at the cops to justify shooting him?
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answered on Sep 2, 2022
You ask two questions here. The first question regards when a civil suit should be filed (if a criminal case is pending). The answer to that question is you should not wait to talk to a civil attorney about proceeding with a civil suit until the criminal case is closed. There are too many pitfalls... View More
For the past 3 months he's been sitting in a holding cell.Loc ⁸% With no new program offered. And this time spent is not counting for anything. Is this legal.? So how do we go about submitting a MODIFICATION PETITION to the warden for a different program. They saying he wont be released until 2025.
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answered on Aug 29, 2022
I assume here that the sentence was for a set number of years in DOC custody, but the balance is to be suspended upon him successfully completing a certain (type of) program.
I highly encourage you to contact the attorney who represented him at the time of his sentencing. It is possible... View More
What to expect if a family member is charged with a fist offense of grand larceny in oklahome
answered on Aug 23, 2022
Grand larceny under Oklahoma statutory law is a felony offense. It is generally defined as the theft of property or goods whose value is $1000 or more. In terms of felony offenses it’s a property crime which is generally viewed as something not quite as serious as many other felonies such as... View More
answered on Aug 13, 2022
The Short answer is yes, there are circumstances where a previous juvenile conviction can be utilized in District Court when someone becomes an adult (gun possession charge after have been adjudicated a delinquent). There are also circumstances where you might have the State/ City/ Federal... View More
And file for an motion at the county clerk and also a bond reduction form
answered on Aug 11, 2022
They is clearly not enough factual background to your question to give you any meaningful guidance. However, it sounds like you might be the victim of a domestic abuse arrest for your boyfriend. If you’re talking about doing an affidavit, it sounds like you’re desirous of informing the district... View More
Let me rephrase the question. She friended me. I didn't ask for the pic she sent it to me randomly. I deleted the conversation and blocked her. did I take the right steps?
answered on Aug 6, 2022
I’m going to assume that these pictures were illicit? I don’t have enough facts to give you confident guidance or counsel, however, it’s unusual when someone that you friend on a tool like Facebook would send you unsolicited inappropriate sexual pictures of a minor child out of the blue. You... View More
But I have a revocation sentencing court date that is a week from now, am I off parol?
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answered on Aug 5, 2022
From your question, it appears that one of the following must be true: 1. you are on probation and not parole, or 2. you have multiple cases in which you are on parole for one and on probation for another.
Either way, if you have an attorney for the revocation hearing next week, you... View More
answered on Jul 29, 2022
A Daubert hearing, to describe it simply, is a pre-trial hearing that is usually brought about by the filing of a “motion in limine” which is a motion filed by one party in an attempt to exclude the expert witness testimony or evidence of the opposing party in a trial. In the hearing,... View More
Oklahoma Emwrgency exports order
answered on Jul 3, 2022
The question is a bit confusing, but if a protective order has been issued against a party, the only one prohibited from certain acts is the defendant or the party served with that protective order. If the plaintiff seeking the protective order, the one who secured it from the court, contacts that... View More
Were found. I was told I sold to a c I. No charges have been filed they want me to do a controlled by but for the safety of my family im not gonna do that. What do I need to do im in Oklahoma. Someone plz help
answered on Jun 28, 2022
It’s a very bad idea to discuss such a situation on a public forum such as this. Clearly someone who had been arrested and was in serious trouble was asked to assist law-enforcement with locating other criminal activity in order to save his/ her own skin. This is a very very dangerous situation.... View More
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