Oklahoma Criminal Defense Legal Questions

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224 legal questions have been posted about criminal law by real users in Oklahoma. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
Oklahoma Criminal Defense Questions & Legal Answers
Do you have any Oklahoma Criminal Defense questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 224 previously answered Oklahoma Criminal Defense questions.

Recent Legal Answers

What can I do to a bail bondsman that is extorting me for sex?

Answered 2 days ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Have you considered doing what makes plain old common sense and making a police report.
Have you considered doing what makes plain old common sense and making a police report.
It isn't clear how this could be a "wrongful death" question, I wasn't aware from your question that anyone had died.  If there was an accident, you should hire a personal injury attorney to file suit on your behalf, if you were injured for the injury, if your vehicle was damaged, for the property damage.  If you are being accused of shooting at someone, you should speak with a criminal defense attorney.  More information is needed to determine why no accurate police report has been created.  If any police report is created but not accurate, you can request that it be amended or corrected. Call some lawyers to schedule an initial consultation.... Read More
It isn't clear how this could be a "wrongful death" question, I wasn't aware from your question that anyone had died.  If there was an accident,... Read More
Your question was posted under "Family Law" but it appears to be "Criminal".  Failing to appear can itself be a violation of law, especially if already out on an O/R bond.  A person with a warrant out can't just pay the fine, they could contact the court (best through a lawyer) to explain what happened and ask if the failure to appear may be dropped and if they could pay any underlying fine to clear the matter up. Contact an attorney in or near the county where the charge and warrant are.... Read More
Your question was posted under "Family Law" but it appears to be "Criminal".  Failing to appear can itself be a violation of law, especially if... Read More

Is dumpster diving illegal?

Answered 9 years and 5 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Generally, yes. Commercial dumpsters are the property of a company, which leases them to the control and use of businesses. The lessees have the right to control access to their dumpsters.
Generally, yes. Commercial dumpsters are the property of a company, which leases them to the control and use of businesses. The lessees have the... Read More

Can felons visit inmates in federal prison?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
They do not have to approve his request for you to be on his visiting list. Fortunately for you both, his stretch is a limited period of time.
They do not have to approve his request for you to be on his visiting list. Fortunately for you both, his stretch is a limited period of time.

Are they going to come to my state to arrest me if I canโ€™t make it back?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
They can issue a warrant and have you locked up until they come get you in a reasonable period. Then lock you up there until you make bond.
They can issue a warrant and have you locked up until they come get you in a reasonable period. Then lock you up there until you make bond.

Say, code1040 and I never got no FEMA money and if they indict me, how long will it take?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You have a letter from the US Attorney's office discussing a potential indictment. The time to hire counsel with federal court experience is today or tomorrow, not sometime down the road.
You have a letter from the US Attorney's office discussing a potential indictment. The time to hire counsel with federal court experience is today... Read More

Should I press charges if a friend stopped paying after I added him to my cellular carrier friend?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Do you know where this friend is? If not, how in the world would you obtain service on this friend? If you can not obtain service, you can not successfully sue your friend for the funds you are due. If you do know where this friend is, does the friend have assets to satisfy a judgment if you get one. A judgement you have no realistic hope to collect upon is also known as one expensive piece of paper.... Read More
Do you know where this friend is? If not, how in the world would you obtain service on this friend? If you can not obtain service, you can not... Read More

With no prior record, what is the maximum sentence someone could get for forgery in the second degree?

Answered 9 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The penalty can be up to seven years and a large fine. However, if you have a clear record, actual incarceration seems quite unlikely. The DA is not going to talk to you directly on a plea arrangement for a felony charge. You need to secure counsel.
The penalty can be up to seven years and a large fine. However, if you have a clear record, actual incarceration seems quite unlikely. The DA is not... Read More

In an assault/battery with dangerous weapon domestic case, if the victim does not show up, will it be dismissed?

Answered 9 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Possibly. It may also be continued for the witness to be located, particularly if the no show witness was under a lawful order to appear. If there is even a hint that the defendant is involved in the decision to not appear, additional charges might arise. In your example, whether the mother needs to appear or not is also dependent on what, if any, statements the defendant voluntarily made to police or others, and what evidence independent of the mother is available to the state.... Read More
Possibly. It may also be continued for the witness to be located, particularly if the no show witness was under a lawful order to appear. If there... Read More

Should the fines be taken care of out of these earnings?

Answered 9 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Presumably your son is an adult since he has been in drug court, has served time in DOC and is presently in a DOC halfway house. Turn this ticket matter over to your son and let him deal with his issue. This is his circus and his monkey to care for, not his mother's. You've done your job to get him to adulthood and to love him despite his mistakes and crimes. This is simply his to resolve.... Read More
Presumably your son is an adult since he has been in drug court, has served time in DOC and is presently in a DOC halfway house. Turn this ticket... Read More

Can we prove he wasn't burglarizing anything and in fact was only removing his property in our process of moving?

Answered 9 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Do you mean Sept. 28, as Aug. 28 falls on the weekend? It seems unlikely they would try to add a burg charge now, but stranger things have happened. If he has counsel, he should out his questions to existing counsel. If he does not have counsel, it is time to secure counsel to help him.
Do you mean Sept. 28, as Aug. 28 falls on the weekend? It seems unlikely they would try to add a burg charge now, but stranger things have happened.... Read More

What are the penalties for filling a false domestic abuse statement?

Answered 9 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If sworn under oath it can be charged as perjury. Filing a false report also comes to mind fairly quickly.
If sworn under oath it can be charged as perjury. Filing a false report also comes to mind fairly quickly.

How do I resolve a felony bench warrant in another state?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The reality is you are not going to be in control of the time frame. As far as time and expense, it will greatly depend on what caused the warrant to be issued, what is unresolved for you in the other state, and how much, if any, of the maatter can be addressed by your counsel before you arrive on the scene.... Read More
The reality is you are not going to be in control of the time frame. As far as time and expense, it will greatly depend on what caused the warrant... Read More

Can I get the tickets dropped if cop lied about a broken tail light as his probable cause?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The insurance ticket will also be expensive, as the simply fact is you did not have insurance at the time the ticket was written. The court does not have to approve any deal on that issue, and once it gets turned in to DPS, then that's a new suspension on the DL that remains until one pays for insurances, shows proof of it and pays for reinstatement.... Read More
The insurance ticket will also be expensive, as the simply fact is you did not have insurance at the time the ticket was written. The court does not... Read More

What my punishment will be if this is my third petty larceny, my second was about 5 years ago and was just a fine?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Though not a certainty, you are definitely eligible to be incarcerated for your offense if guilt is determined by a plea or a trial. Hire counsel.
Though not a certainty, you are definitely eligible to be incarcerated for your offense if guilt is determined by a plea or a trial. Hire counsel.

Are you allowed to serve time in jail in lieu of paid fines?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
That may be possible, but the cold reality is the fine is often a small part of the funds you are going to owe after a plea or after being found guilty, if you are. The court system would much rather hae your moeny on a payment plan than to feed and house you.
That may be possible, but the cold reality is the fine is often a small part of the funds you are going to owe after a plea or after being found... Read More

How long can the courts wait before giving a court appointed attorney?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If there are charges pending and the accused has not made bail, or bail has not been permitted, appropriate in some circumstances, then the accused can continue to be held. The outcome on the application for counsel will likely be determined at or before the next court date.
If there are charges pending and the accused has not made bail, or bail has not been permitted, appropriate in some circumstances, then the accused... Read More

What happens if I got caught stealing 2 baby outfits for my baby, some shorts and some earrings?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Though unlikely for a first timer, you could be incarcerated. Best to engage counsel to make your case for you.
Though unlikely for a first timer, you could be incarcerated. Best to engage counsel to make your case for you.

What happens on a first time petty larceny offense for stealing a bra for a total cost of $8.94?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Muni court or district court? What community or county? Treatment varies from court to court, but in gneeral terms, first time offenders do not do time.
Muni court or district court? What community or county? Treatment varies from court to court, but in gneeral terms, first time offenders do not do... Read More

If my son was arrested for assault and battery with a dangerous weapon, what is he looking at?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is no longer relevant what he was looking at as punishment if the case has indeed concluded. As to the fee of the defense attorney, that is a matter of your written fee agreement with counsel. Review your agreement as to whether you hired him at an hourly rate for hours worked or for a flat fee.... Read More
It is no longer relevant what he was looking at as punishment if the case has indeed concluded. As to the fee of the defense attorney, that is a... Read More

If this is my first offense of petty larceny, what will happen?

Answered 9 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
First timers are rarely ever hammered on by the court, so long as they are respectful. Walk in with a lot of attitude and it might become a different story entirely. Having counsel is never a bad plan.
First timers are rarely ever hammered on by the court, so long as they are respectful. Walk in with a lot of attitude and it might become a different... Read More

What will happen if my 18 year old son stole a car with no license and he puts a different plate on it?

Answered 9 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
"picked up the car" ??? As in they were sent to get a car they thought belonged to the one who sent them? As in they saw a car and they took it? It's a hard sell he didn't know the car was stolen if it had no plate and they acquired a plate for the car, especially if that acquisition did not involve a tag agency. He needs counsel.... Read More
"picked up the car" ??? As in they were sent to get a car they thought belonged to the one who sent them? As in they saw a car and they took it? ... Read More

Will I get into trouble with the law if I legally own my gun but roommate is felon?

Answered 9 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can legally possess your gun. If there is any indication it can be considered accessible to your roommate, then he or she is who has a major problem. However, if there are drugs in the home and your roommate is on someone's radar, go find a new living situation. there's this sad pesky but real thing called constructive possession. you don't need the headache or expense of having to defend a charge of possession on that theory.... Read More
You can legally possess your gun. If there is any indication it can be considered accessible to your roommate, then he or she is who has a major... Read More

Can a judge order a year separation from husband and wife even if they don't agree?

Answered 9 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Can no contact be a condition of a sentence? Yes. does it suck? Yes, but not nearly so much as doing the full sentence on each charge incarcerated and the sentences be ordered to be served consecutive rather than concurrently.
Can no contact be a condition of a sentence? Yes. does it suck? Yes, but not nearly so much as doing the full sentence on each charge incarcerated... Read More