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 - Page 2
Do you have any Oklahoma Criminal Defense questions page 2 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

How do I help him if his days are not showing right?

Answered 9 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He should begin with his case manager.
He should begin with his case manager.

If I have a warrant on me for second degree burglary charge, can I pay it off or do time?

Answered 9 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, paying fines and doing time are both possibilities on a felony charge. But that shouldn't be your first plan. Your first plan should be to hire counsel and see if you might qualify for an own recognizance bond instead of a paid bond. Then you and counsel can determine your best course of action.... Read More
Yes, paying fines and doing time are both possibilities on a felony charge. But that shouldn't be your first plan. Your first plan should be to hire... Read More

Why doesnโ€™t he have a court date yet and why can't I find out any info on his incompetence application at this point?

Answered 9 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Starting with the last point first, counsel often do not communicate with family members because there is no benefit to the defendant to do so. The time spent talking to family members, which often is limited to there is nothing counsel can tell them, at least not which advances the case for the defense, is time that should be spent on the defense of their relative. Hearing dates will be posted on oscn.net or odcr.com, depending on where the defendant is awaiting trial. As to why no new date as yet, the reasons can be many. There may be a report that is coming that is necessary before there is a new hearing. There may be some form of negotiations underway.... Read More
Starting with the last point first, counsel often do not communicate with family members because there is no benefit to the defendant to do so. The... Read More
A threat from a few months ago isn't likely to spur action by the police to refer charges to the prosecution. As for your friend, you can't save a friend who doesn't want to be saved. Be available if she comes to her senses, but otherwise, a wide berth is not inappropriate.
A threat from a few months ago isn't likely to spur action by the police to refer charges to the prosecution. As for your friend, you can't save a... Read More

Since I don't have the money for the court attorney fee and no attorney for court, will I be going to jail?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Attorney will likely seek to withdraw due to not keeping your agreement. Court can reassess your indigent status if you request. May still find you are not indigent. Yes, it is possible you could be deemed a flight risk and your bond reevaluated and increased. As you have no funds for a larger bond, you could end up sitting in jail.... Read More
Attorney will likely seek to withdraw due to not keeping your agreement. Court can reassess your indigent status if you request. May still find you... Read More

What do I do if she's trying to force me into signing papers that I don't want to by saying that she will call and file the charges?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Signing what papers? Is there a child involved? Hire counsel is what you can do. Do not sign anything without seeing counsel first. Yes, she can still try to have charges brought. Doesn't mean charges will be brought, nor that you would lose if they are. But definitely keep your mitts to yourself if you don't know that already.... Read More
Signing what papers? Is there a child involved? Hire counsel is what you can do. Do not sign anything without seeing counsel first. Yes, she can... Read More

What can I do if my fiancรฉ was accused of first degree rape by his daughter's friend?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is acceptable he can document his whereabouts, but such charges are usually couched as on or about date x, rather than at 4:00 pm n date x. What you can do is help him secure counsel, lend moral support, and stay out of the way except as requested by counsel. You can not fix this for him beyond that. It is for he and his counsel to resolve.... Read More
It is acceptable he can document his whereabouts, but such charges are usually couched as on or about date x, rather than at 4:00 pm n date x. What... Read More

If I am on probation, what will violate it?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Breaking any law is grounds for your probation to be violated. Does not mean it will be, but it certainly can be. Don't let your PO find out from someone else. Own your error. there is no requirement you be convicted of the new charge to violate your earlier status.
Breaking any law is grounds for your probation to be violated. Does not mean it will be, but it certainly can be. Don't let your PO find out from... Read More

How long will my husband serve time for grand theft as a first offense?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you want him home before a trial is commenced or before a plea not resulting in incarceration is entered, then someone has to post his bond. They are not likely to release him otherwise if they have not already done so. Most first timers do not have high bonds or remain in jail for 5 months. It may be flight risk that warrants the high bond. It happens. His public defender would know if there is something more, but s/he is not obligated to speak with relatives fo a client, and in most instances, can not share certain information.... Read More
If you want him home before a trial is commenced or before a plea not resulting in incarceration is entered, then someone has to post his bond. They... Read More

What is the punishment for marijuana possession with intent to distribute?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you do not have counsel, fix that.?If you do have counsel, you need to address all questions to him/her. 1st time offenders typically go on short leashes and jump through hoops on command, rather than end up incarcerated. Jumping through hoops beats having a cellmate who thinks you are a gifted toy from outside friends.... Read More
If you do not have counsel, fix that.?If you do have counsel, you need to address all questions to him/her. 1st time offenders typically go on short... Read More

If you tell someone to kill themselves and they do it, can you go to jail?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You are mistaken. Do not go kill yourself hoping to prove yourself right.
You are mistaken. Do not go kill yourself hoping to prove yourself right.

Is it legal for the police to talk to my 16 year old son but will not tell me why?

Answered 9 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire counsel for your son. Do it today. Police do not look to speak to 16 year olds or want to search their rooms out of plain old boredom. There is either something you do not yet know or they are looking in the wrong place. For either scenario, the lad needs counsel now. Do not wait until after a charge is sought.... Read More
Hire counsel for your son. Do it today. Police do not look to speak to 16 year olds or want to search their rooms out of plain old boredom. There is... Read More

What will the judge actually charge me if the person who actually had the drugs and paraphernalia was in my car in the passenger seat?

Answered 9 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
First time offenders do not tend to end up with maximum sentences. Talk to your appointed counsel.
First time offenders do not tend to end up with maximum sentences. Talk to your appointed counsel.

Can the police make me let them talk to my son without telling me why?

Answered 9 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Take the cans to recycling.Hire counsel for your son.Let counsel deal with the police.
Take the cans to recycling.Hire counsel for your son.Let counsel deal with the police.

I was put in prison for 19 months illegally, with the state conceding and myself being released on appeal, can I sue?

Answered 9 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your case warrants review and exploring your options makes sense. A case reversed on appeal isn't on its own a clear path to a successful suit. The reasons for the reversal are important.
Your case warrants review and exploring your options makes sense. A case reversed on appeal isn't on its own a clear path to a successful suit. The... Read More

Can someone be arrested if he stole a safe out of my house with $200,000 in it?

Answered 9 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the police can develop enough evidence to support an arrest warrant and a charge, then yes.
If the police can develop enough evidence to support an arrest warrant and a charge, then yes.

How many times can the judge pass a case without an attorney?

Answered 9 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There is no set number, but a court will not paas a case indefinitely.
There is no set number, but a court will not paas a case indefinitely.

Donโ€™t they have to let the public know they have cameras in use in the parking lot?

Answered 10 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Q1: No. They do not. Audio would be different.?Q2: Yes. They can use their cameras.
Q1: No. They do not. Audio would be different.?Q2: Yes. They can use their cameras.

What will happen if I stole $1,535 from my employer and admitted to it and left the company?

Answered 10 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Whether you talk to the detective or not, you will likely be charged with a crime. You already made an admission to the employer regarding your actions. If this is your first time in trouble with the law, you will likely be treated as a first-timer. Before you waltz yourself voluntarily into the police station and do their job for them, you might, read that as you really should, decide to contact a criminal defense attorney first.... Read More
Whether you talk to the detective or not, you will likely be charged with a crime. You already made an admission to the employer regarding your... Read More
Act quickly. You want to work this out by being proactive, not by talking to the judge via a video arraignment after getting arrested because your head was in the sand. Talk to your attorney or other counsel of choice. Talk to your bondsman to be certain he/she/they are willing to stay on your bond. Do a walkin with counsel and bondsperson present to surrender yourself. Do not try to bamboozle the court with a ham fisted excuse. The bottom line is it was your responsibility to be present and you were not. Own that. It will make a difference. Do not blame a boss, a spouse, a main squeeze, a doctor, or anyone else. You blew it and you are truly sorry.... Read More
Act quickly. You want to work this out by being proactive, not by talking to the judge via a video arraignment after getting arrested because your... Read More
Same or different jurisdictions? Other offenses past or present? Ever been to driving school? He needs to sit down with someone to explore his options.
Same or different jurisdictions? Other offenses past or present? Ever been to driving school? He needs to sit down with someone to explore his... Read More

Can you be served a warrant for an unpaid check cashing loan?

Answered 10 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Not paying back a loan is typically a civil matter. You would receive a summons and a petition on unpaid debt, not a warrant for an arrest.
Not paying back a loan is typically a civil matter. You would receive a summons and a petition on unpaid debt, not a warrant for an arrest.

How do I stay out of jail and stop my probation from being revoked if I missed my court date?

Answered 10 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire counsel to assist with getting the warrant withdrawn. Missing court is not good, but can be overcome in many instances.
Hire counsel to assist with getting the warrant withdrawn. Missing court is not good, but can be overcome in many instances.

Can the police speak with my minor child alone when I am present?

Answered 10 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depends. Were they speaking to the child as a suspect or as a witness. There's a difference.
Depends. Were they speaking to the child as a suspect or as a witness. There's a difference.

I'm a certified medication aide being accused of stealing narcotics, what should I do?

Answered 10 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Do not talk to law enforcement without counsel. When you are under suspicion, the police are NOT your friends nor are they your allies. They want you to make it easier to arrest you, not help you.
Do not talk to law enforcement without counsel. When you are under suspicion, the police are NOT your friends nor are they your allies. They want you... Read More