answered on Mar 22, 2024
It can be either. If the amount is more than what people would consider “for personal use,” or if it’s packaged in such a way that it can be easily sold, it will be considered trafficking. Even small amounts can carry the higher charge if behavior implies that you’re planning to sell it.
answered on Mar 22, 2024
As a general rule, when a controlled drug is found in the possession of an individual, the primary factor (outside of whether they knowingly were in “possession”) is the quantity or weight. Trafficking in methamphetamine, for example, is 20 g, and it doesn’t matter whether someone possessed... View More
Indigent prisoner files judicial review in Oklahoma county district court challenging grievance restriction. Prisoner submits paupers affidavit when initially filing but after court responds prisoner files 9 actions including 4 motions and does not submit another new paupers affidavit with any. Is... View More
answered on Mar 21, 2024
When an indigent prisoner in Oklahoma files for judicial review and includes a pauper's affidavit with the initial filing, this affidavit typically allows them to proceed in forma pauperis for the duration of that particular case. This means that the initial affidavit is generally considered... View More
I Was stopped and arrested wasn’t given a reason for being stopped or a citation but was given citations for what happened after the stop by Arcoma Ok. City police officer that hasn’t been cross deputized it was $1850 to get out I paid a thousand and owe the 850. I’m a citizen of Cherokee... View More
answered on Mar 21, 2024
In situations involving Native American citizens and law enforcement, the legal jurisdiction can be complex, especially on tribal lands or concerning tribal members. Generally, whether a non-cross-deputized officer has authority to arrest a Cherokee Nation citizen depends on where the incident... View More
The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More
answered on Mar 21, 2024
In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More
answered on Mar 20, 2024
If you’re asking, is he REQUIRED to represent you in the other county because you paid him for one county then the answer of course would be no (unless he agreed to that arrangement or you have a contract to that effect). If you’re asking, is it WISE to hire the same attorney for two different... View More
Then was transported over to another county to fight a charge I had over there then went 2 prison on that charge without ever bonding out. While in the second county & also when in prison the first county acknowledged I was still incarcerated but continued multiple times to issue compliance... View More
answered on Mar 20, 2024
I suspect there might be some misunderstanding on how some of the fees you are referring to originated. Also, the only way someone can be sent to prison is if they lose at a jury trial, lose at an application hearing where they have violated the terms of the probation, or they have otherwise... View More
She went ti trial for Appellate Case: 22-6194
• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and
• interstate travel in aid of a drug-trafficking enterprise
(18 U.S.C. § 1952(a) (3)).
She is currently in... View More
answered on Mar 18, 2024
If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More
She is a permanent resident.
She went to trial for Appellate Case: 22-6194
• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and
• interstate travel in aid of a drug-trafficking enterprise
(18 U.S.C. §... View More
answered on Mar 18, 2024
If your sister won her appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to... View More
Inmate being denied access to court. Had his father e-file motion. Father has power of attorney and the form states Any and all affairs concerning me... Does that clause give father power to sign motions for the plaintiff?
answered on Mar 18, 2024
When an inmate finds themselves unable to access the court, it can be a deeply frustrating and disempowering experience. In such cases, having someone outside, like a father with Power of Attorney (POA), step in can seem like a practical solution. The POA document, stating "Any and all affairs... View More
My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More
answered on Mar 16, 2024
Criminal charges involving a tribal member as the defendant, as I’m sure you have experienced, can remove a case from state court to a tribal venue. They will always set a bond except, in extreme cases, that would allow your brother to secure his release from custody if he were in the financial... View More
My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More
answered on Mar 23, 2024
I understand your concerns regarding your brother's situation and the delays in his preliminary hearing. It's essential to know that, in tribal law, as in other judicial systems, delays can happen for various reasons including investigation needs, legal complexities, or scheduling... View More
answered on Mar 14, 2024
In Oklahoma, the legality of allowing cheating in a trivia contest, especially when there is a financial gain involved for the winner, hinges on several factors including fraud, fairness in competition, and specific state regulations regarding contests and gambling. If a venue knowingly allows... View More
No laws broken and no danger to the public
answered on Mar 14, 2024
I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable... View More
answered on Mar 14, 2024
Here is a summary of the sanctions for violating the Oklahoma traffic statutes you referenced:
§47-12-203 - Operation of vehicles without required equipment or in unsafe condition
- Misdemeanor punishable by fine of $10-100 for operating a vehicle without the required lights and... View More
My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.
answered on Mar 12, 2024
Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More
My attorney refused himself from the my case in court so I asked for more time to get legal representation and the judge told me no that I had to represent myself
answered on Mar 12, 2024
In most cases, when an attorney withdraws from a case, the court should allow the client a reasonable amount of time to find new representation. This is to ensure that the client's right to legal counsel is protected and that they have a fair opportunity to present their case.
However,... View More
Obstruction went to jail got bonded out on the obtaining merchandise under false pretense 300.00 had court the next morning the only thing I was being charged with was Obstruction so I called my bondsman and explained and they said they would check into it and when they got back with me they said... View More
answered on Mar 11, 2024
In this situation, it's essential to understand the specific details of your case and the bond agreement you signed with the bondsman. Generally speaking, when you pay a bondsman, you are paying a non-refundable fee (usually a percentage of the total bond amount) for their services in posting... View More
Oklahoma inmate mails 133 page motion for staying of agency order pending review through law library services and when the motion reached the courts and was posted on oscn.net a sworn notarized affidavit was switched out with a copy and documents were removed from the motion. The prison staff works... View More
answered on Mar 9, 2024
I'm sorry to hear about your difficult situation. It sounds very frustrating to have your legal documents tampered with. Here are a few suggestions for potential next steps:
1. File a notice with the court explaining that your original affidavit and some supporting documents appear to... View More
Im a Oklahoma prisoner challenging medical imposed grievance restriction in judicial review. The law Library supervisor refused to let me seal my out going legal mail. I sent 133 page motion for staying enforcement of agency order pending review to Oklahoma county court clerk when the motioned was... View More
answered on Mar 9, 2024
If you believe that your legal documents were tampered with or removed from your motion after being mailed through the prison law library, you have a few potential options:
1. File a complaint with the prison authorities: Submit a formal complaint or grievance with the prison... View More
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