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 5
Do you have any Oklahoma Criminal Defense questions page 5 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

If I get in trouble out of state, will the DA office find out and how?

Answered 10 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Plan to stay out of trouble. Word can get back to the other jurisdiction if you do not. That would not bode well for you remaining in diversion status.
Plan to stay out of trouble. Word can get back to the other jurisdiction if you do not. That would not bode well for you remaining in diversion... Read More

If you are a musician and you write/sing a song about that is chief of police, how far do your rights protect you?

Answered 10 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Truth is always a defense to any allegation of defamation. Do understand up front that one can go broke defending their right to do something.
Truth is always a defense to any allegation of defamation. Do understand up front that one can go broke defending their right to do something.

How do I get a continuance?

Answered 10 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You make a request to the court, showing good cause for the Court to permit more time. If you are trying to represent yourself, and wait until your court date to ask, and can not demonstrate good cause, you may well be told no.
You make a request to the court, showing good cause for the Court to permit more time. If you are trying to represent yourself, and wait until your... Read More

What is the penalty for uttering forged instrument with no prior or previous record?

Answered 10 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The common, but not assured, outcome of a first time charge is a deferred sentence, probation fees, 991 fees, court costs, fine and other probable requirements like community service hours, victim compensation fee, etc. . The variables can be subject to change based on skill/effort by counsel and defendant's attitude in presence of prosecution and the court. Translation: if a defendant elects to roll it as a DIY project and project an ain't nothing but a than attitude, there are interns, ADA's and judges who will quite gladly make an example out of that defendant.... Read More
The common, but not assured, outcome of a first time charge is a deferred sentence, probation fees, 991 fees, court costs, fine and other probable... Read More

If I am sentenced to six months in county jail, what happens after the established date?

Answered 10 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You do your time, then you report in within a defined time frame to either pay fines and costs or set up a payment plan.
You do your time, then you report in within a defined time frame to either pay fines and costs or set up a payment plan.

Is it legal for a convicted sex offender to be Power of Attorney?

Answered 10 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The more important question is whether or not your mother was competent to name anyone as her POA and whether she was subject to any undue influences at the time the POA was named.
The more important question is whether or not your mother was competent to name anyone as her POA and whether she was subject to any undue influences... Read More

What type of lawyer should I be looking for?

Answered 10 years and 10 months ago by attorney Gregory J. Panzo, Jr.   |   1 Answer   |  Legal Topics: Criminal Defense
Based on the information you provided your brother requires a criminal defense attorney.  If your brother has no funds to hire his own attorney then he would need to request that the court appoint him an attorney from the Public Defender's Office.  Once that attorney is appointed by the court, he/she will enter a plea of not guilty on your brothers behalf.  That attorney will then represent your brother, gather information and witnesses, and do what they must to defend him and seek the best possible outcome for him in regards to the charges he is facing.... Read More
Based on the information you provided your brother requires a criminal defense attorney.  If your brother has no funds to hire his own attorney... Read More

Is it legal to charge for providing others with background information on a person found through public record?

Answered 10 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The short answer is yes.
The short answer is yes.

What do I do if I have a warrant that I didnโ€™t know from seven years ago?

Answered 10 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The back story does not alter what is necessary in the here and now. You have a bench warrant, for reasons undisclosed in your question. You have three options. A. Do nothing until they locate you or you otherwise come to the attention of law enforcemtn. Not a good plan all in all. B. Surrender yourself on the warrant, and have the funds to pay a bondsperson and have the bondsperson on hand when you surrender. You'll likely also need counsel. This may prove to be more expensive than the next option. C. Hire counsel. Counsel can see if he or she feels you have a realistic short at an own recognizance bond. If so, appearing with counsel at the time of surrender may save you funds, and even if it appears you will have a bond, counsel can assist in aranging for the bondsperson and is present to argue for a lower bond.... Read More
The back story does not alter what is necessary in the here and now. You have a bench warrant, for reasons undisclosed in your question. You have... Read More

What happens to me on my very first misdemeanor charge of possession of marijuana?

Answered 10 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A likely outcome, barring any acting out by the accused, is a deferred sentence for a period of time, completing some programs, pay a fine, pay fees and so long as nothing bad transpires, a dismissal of the charge after the deferral period ends. Messing up can bring more severe consequences. You will need counsel for this charge.... Read More
A likely outcome, barring any acting out by the accused, is a deferred sentence for a period of time, completing some programs, pay a fine, pay fees... Read More
Bottom line is you are not likely to sort this out on your own and you need experienced criminal defense counsel to see if the hole you apparently have been digging for yourself can be filled back in without you also being buried. Talking to law enforcement on your own is never a good idea.... Read More
Bottom line is you are not likely to sort this out on your own and you need experienced criminal defense counsel to see if the hole you apparently... Read More

Since he said nothing was his, and the friend admitted to all of it, why was he still charged, and will the charges stick in court?

Answered 10 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your boyfriend needs counsel. More than one person can be deemed to be in possession of an item in a vehicle.
Your boyfriend needs counsel. More than one person can be deemed to be in possession of an item in a vehicle.

What can I expect in court for obstruction if I'm a minor on 2 year probation for drag racing?

Answered 10 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your probation can be revoked based on the ticket. It is not required that you be convicted on the ticket to violate you on your probation. Time to seek out counsel and time to step up. You are costing your folks funds just two months into your probation. You owe them an apology for making their wallets take these hits for you.... Read More
Your probation can be revoked based on the ticket. It is not required that you be convicted on the ticket to violate you on your probation. Time to... Read More

How long does he have to show up before they arrest him?

Answered 10 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Did the letter include a specific date or time frame? If so, meet that time frame. If not, sooner is better than later If h was released a year back, today or tomorrow is not too soon. He should not just ignore the letter.
Did the letter include a specific date or time frame? If so, meet that time frame. If not, sooner is better than later If h was released a year... Read More

What kind of legal trouble could I get in and how would they investigate this further in an attempt to sell case?

Answered 10 years and 11 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Time to get yourself an attorney. Absolutely do not talk to anyone about the matter except your attorney Especially do not talk to police, including detectives. Do not discuss this with friends or co-workers. Talk it out with counsel, where you have the protection of the attorney/client privilege.... Read More
Time to get yourself an attorney. Absolutely do not talk to anyone about the matter except your attorney Especially do not talk to police, including... Read More

What can I do and what would happen to me if I am being accused of rape?

Answered 11 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You had sex with someone when she arose from being blacked out drunk.Set aside any family relation dynamic. If she was incapable of giving consent?due to intoxication, and you both engaged in sex and later have acknowledged to many people you did so, then absolutely you need counsel.
You had sex with someone when she arose from being blacked out drunk.Set aside any family relation dynamic. If she was incapable of giving... Read More

Shouldn't I get my money for bonding back?

Answered 11 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This would depend on your written agreement with your bond person's office.
This would depend on your written agreement with your bond person's office.

Will I be revoked if I only have week left and I failed UA with meth?

Answered 11 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Go ahead and hire counsel. It is difficult to fathom a p.o. and an ada ignoring a positive meth result. It's a case of one aw hell wiping away a few hundred attaboys. This doesn't mean you will get sent away for the full term. It also doesn't mean you will not. Again, get yourself lined up with counsel.... Read More
Go ahead and hire counsel. It is difficult to fathom a p.o. and an ada ignoring a positive meth result. It's a case of one aw hell wiping away a few... Read More

What is the legal definition of blackmail and extortion?

Answered 11 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If someone is demanding you pay money or commit certain acts to avoid that person harming you physically or financially or harming your reputation, contact law enforcement.
If someone is demanding you pay money or commit certain acts to avoid that person harming you physically or financially or harming your reputation,... Read More

Is it against the law to be recorded on a phone call with somebody else without your knowledge?

Answered 11 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Oklahoma is a one party notice state. If either person in a call is aware it is recorded, the recording is permissible. In today"s world of easy carry and security cameras and microphones almost everywhere, it is not paranoid to presume you are being recorded on video or audio or both more moments than you are not.... Read More
Oklahoma is a one party notice state. If either person in a call is aware it is recorded, the recording is permissible. In today"s world of easy... Read More

Can my case for being arrested for assault be charged for assault and battery?

Answered 11 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, it is possible for someone to be arrested on charge A, and the prosecuting authority decides to file a different charge after a review of the evidence believed to exist at that time. It doesn't take much contact at all to establish a battery in addition to an assault. If you do not already have counsel, it is time to obtain counsel. Few need counsel more than someone who is wrongfully accused.... Read More
Yes, it is possible for someone to be arrested on charge A, and the prosecuting authority decides to file a different charge after a review of the... Read More

Am I able to resolve a warrant out of my residency state?

Answered 11 years and a month ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Depending on the local court practices, you'll either need to: (a) appear, set a date to reappear and bond out (or be released on your own recognizance if the court will permit.) (b) have counsel request the warrant to be withdrawn and have a date set for you to appear (with bond type and amount to be determined at the scheduled hearing.) Find yourself counsel who practices in that county.... Read More
Depending on the local court practices, you'll either need to: (a) appear, set a date to reappear and bond out (or be released on your own... Read More

What is an acceleration of a deferred sentence?

Answered 11 years and a month ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If her deferred sentence is accelerated, ?she will actually receive a felony conviction. Whether she will have to serve all or some part of the two years is up to the judge. Her court costs due will also rise because of the motion to accelerate and the failure to appear. She definitely needs counsel.... Read More
If her deferred sentence is accelerated, ?she will actually receive a felony conviction. Whether she will have to serve all or some part of the two... Read More

How do I get the hospital to change this, so I can be cleared to buy and own a handgun?

Answered 11 years and a month ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You do not indicate what the hospital should change, nor why the hospital should have a duty to change anything. Probably best not to write back and reveal more in a public board message. Secure representation in your area and review your circumstances with counsel, within the protective privilege of the attorney/client relationship.... Read More
You do not indicate what the hospital should change, nor why the hospital should have a duty to change anything. Probably best not to write back... Read More

Will my wife have to go to jail if she doesn't finish her community hours on time?

Answered 11 years and 2 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is a possibility, but I wouldn't consider it likely, provided the court believes it was the homeless aspect which kept her from being able to do the service, and not a lack of willingness to comply. She should certainly do as much as she can before her deadline, and talk to the person overseeing her as well (though at this late date they likely already know she is way short.) It is possible a court action could begin, and held over her to add more incentive to get the hours done.... Read More
It is a possibility, but I wouldn't consider it likely, provided the court believes it was the homeless aspect which kept her from being able to do... Read More