The crime falls under MAJOR CRIMES ACT. I am the victim of the crime. I am native the crime occurred in Sovereign Territory by a non native. The charges were pressed in 2019 prior mcgirt. However, they just caught my abuser this year post mcgirt. The State is the one pressing charges, but why... View More
Under the Major Crimes Act, if a serious crime involving a Native American victim occurs in tribal territory, federal jurisdiction typically applies. Given the timeline you've described, if the crime occurred before the McGirt decision, the state may have initially pursued charges under their...View More
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
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
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
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
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
You are likely eligible for an expungement of all records of the offense (because of a change in law to make those convicted of a felony that has been reclassified as a misdemeanor eligible much sooner than others convicted of a felony). Unfortunately, you will still have to obtain a pardon first...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
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
In your factual statement you didn’t recite whether they had a warrant or not. There are lots of factors that go into suppressing an illegal search and seizure. You need to immediately contact and or retain a criminal defense attorney who can go over the facts carefully and make a decision on...View More
I’m a delivery driver and we leave our cars on when we’re busy. My car was stolen while I was inside. Yes the guy was caught but when I mentioned suing the parents to a friend. (The kid is 13). He told me that I could lose because it is my fault for leaving my car running. Although, yes I could... View More
You should consult with an attorney to go through the specifics in more detail. There are other avenues other than larceny of a vehicle such as unauthorized use of a vehicle or even trespass. All issues have potential areas that have defenses, but you need an attorney to guide you through the...View More
For two months I was kicked out by the judge when my roommate filed protection order which I later proved it all to be wrong and falsified to wear to judge turn around and put one on the roommate I had no clothes except for what was on my back that I was allowed to get nothing and at that time you... View More
Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf....View More
My uncle was picked up on a trafficking charge and made a plea agreement with the prosecutor but no papers have been signed and he has not been sentenced but the feds picked him up from county jail and moved him.
Yes. If the federal government intends to prosecute him, they can move him to where the US Marshal Service houses federal detainees. Then, the State generally needs to wait until the feds are finished before getting him back to finish his state case, but that is not always the case.
Generally speaking anytime there is an adult and the minor under the age of 16 years, you have considerable risk, in that the minor cannot give consent to anything. Also, Lewd Molestation, child pornography, etc. are charges that could be alleged for as little as selfies in bathing suits, or...View More
The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence...View More
My felony warrant was recalled. Prosecution filed a motion to recall pursuant McGirt v. Oklahoma. Since the Feds will be flooded with back cases as well as current cases, my guess is the most violent ones will take priority and not refile on all the rest. But if they somehow do decide to prosecute... View More
Generally speaking, no. A federal warrant issued pursuant to a grand jury indictment, information, or complaint is usually filed under seal until the arrest has been made. The federal government uses the PACER system for court records, which is available to the public, but you must have an account...View More
The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... View More
Yes, that might be possible; however, it is only certain felony crimes that the federal government has exclusive jurisdiction (thus depriving the State of Oklahoma of jurisdiction). For all other felonies committed on Indian Country committed by or against Native Americans, the State of Oklahoma...View More
He refused to give me my mail so I had a cop go to his house to get it for me. My mail had been opened and he lied and told the cop his teenage son opened it. I have texts from his son stating he didn’t open it and he wasn’t even aware that I had gotten mail there
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
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