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 6
Do you have any Oklahoma Criminal Defense questions page 6 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

Am I being blackmailed for embezzlement?

Answered 11 years and 2 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
They could have called the cops, but did not. You could be paying a defense attorney and facing trial, but are not. Are you being blackmailed? Sounds more like you have been given an opportunity to make right your prior wrong and not risk prison. You might have been charged convicted, sentenced to do time and then had to pay back as restitution. Not real sure what the complaint is, but you sound rather lucky on the surface at least.... Read More
They could have called the cops, but did not. You could be paying a defense attorney and facing trial, but are not. Are you being blackmailed?... Read More

Can I get in trouble for sending a nude picture?

Answered 11 years and 3 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, it is possible, irrespective of whether someone works for a prosecutor or not.
Yes, it is possible, irrespective of whether someone works for a prosecutor or not.

Will I be in trouble for sending a nude picture?

Answered 11 years and 3 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hiring counsel is absolutely in your best interest, particularly if there are minors involved.
Hiring counsel is absolutely in your best interest, particularly if there are minors involved.
The relief you seem to be seeking would be a pardon. Not easy to come by in OK.
The relief you seem to be seeking would be a pardon. Not easy to come by in OK.

If my husband was put on probation for misdemeanor charges and he failed to comply and now has a warrant what is going to happen?

Answered 11 years and 4 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He needs counsel. The failure to meet conditions can result in punishment up to being incarcerated for the full sentence.
He needs counsel. The failure to meet conditions can result in punishment up to being incarcerated for the full sentence.

How long does it take to get a conviction?

Answered 11 years and 4 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The time will vary. There truly is no more accurate answer. A defendant may choose to plead quickly. A defendant may demand a trial, and then have to wait his turn. A defendant may have competency issues which could delay a resolution indefinitely, even permanently.
The time will vary. There truly is no more accurate answer. A defendant may choose to plead quickly. A defendant may demand a trial, and then have... Read More

What happens if I appear as promised and there is no court?

Answered 11 years and 4 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to find out (a) why there was no court, and (b) when a new court date is set. If you already left the courthouse, you can check online in Oklahoma at ODCR.com (which will also check the counties included on oscn.net) or you can contact an attorney to assist you.
You need to find out (a) why there was no court, and (b) when a new court date is set. If you already left the courthouse, you can check online in... Read More

If it has been over 10 years since my probation ended, how would I get to vote and have my rights to own a gun back?

Answered 11 years and 5 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If your crimes are California based, consult a California licensed attorney on the requirements to clear your record, if it can be cleared.
If your crimes are California based, consult a California licensed attorney on the requirements to clear your record, if it can be cleared.

What should I do if I was charged with public open intoxication while I was in the passenger seat?

Answered 11 years and 5 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You hire an attorney to represent you. Public intoxication is being intoxication out in public, as contrasted to your private home or a friend;s private residence. If you were passed out in a car on a public roadway, that would appear to qualify as conditions which support the charge. All is not lost, but the fact you were not driving is meaningless as driving as nothing to do with the offense. You mention someone saying call your parents. If you are a minor, you could face additional problems due to under age drinking. Go get you an attorney. Many of us do provide a free initial consultation.... Read More
You hire an attorney to represent you. Public intoxication is being intoxication out in public, as contrasted to your private home or a friend;s... Read More

How can avoid jail time if I did grand larceny but my record is clean and this is my first offense?

Answered 11 years and 5 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Some first time offenders do time. Some do not. You're better off engaging counsel to work on your behalf to help the state see an acceptable solution that does not require incarceration.
Some first time offenders do time. Some do not. You're better off engaging counsel to work on your behalf to help the state see an acceptable... Read More

Is it illegal for me to kiss a minor (i.g. sheโ€™s 14 and Iโ€™m 18 this year)?

Answered 11 years and 5 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
As for proof, if she is questioned and tells the tale, that constitutes evidence which can be used against you.
As for proof, if she is questioned and tells the tale, that constitutes evidence which can be used against you.

Can I defend my family with the gun my wife bought if I had a felony conviction?

Answered 11 years and 6 months ago by Rita Jean Jencks (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A convicted felon cannot have possession or even "constructive possession" of a firearm. Construction possession means within your possession/reach and/or control. A gun in your home that you have access to would be a violation of your parole as well as a separate crime.
A convicted felon cannot have possession or even "constructive possession" of a firearm. Construction possession means within your possession/reach... Read More

How much of his time will he have to serve?

Answered 11 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you look him up on the DOC offender site there should be an anticipated release date shown. It is not a carved in stone date but it will provide some guidance.
If you look him up on the DOC offender site there should be an anticipated release date shown. It is not a carved in stone date but it will provide... Read More

Will my son go to jail if he is on a deferred sentence when he got two new grand larceny cases?

Answered 11 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It is a possibility. Picking up two new offenses while on probation tends to anger prosecutors and judges. Your son needs counsel, and today is not too soon. Drug court may be a possibility, and is certainly one option which can be explored with counsel.
It is a possibility. Picking up two new offenses while on probation tends to anger prosecutors and judges. Your son needs counsel, and today is not... Read More

Are the parents of a 21 year old person liable for the latter's actions?

Answered 11 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Is he driving a car titled in your name, either individually or jointly with him? Is he still included as an authorized driver on insurance you provide for vehicles? He's 21. Even if you provide some financial assistance, he should be living under his own identity. If he is still living under yours, someone will be looking at your pockets should bad things happen. Even if they are unsuccessful, it won't be a pleasant experience.... Read More
Is he driving a car titled in your name, either individually or jointly with him? Is he still included as an authorized driver on insurance you... Read More

If my son and I have been subpoenaed by the defense as witnesses in a domestic violence case what happens if we do not appear in court?

Answered 11 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You indicate it is the defense which wishes you to appear and not the state. It would be rare for the state to seek to hold a witness in contempt on failing to appear, and even more rare for the defense to do so. Further, if someone mailed something which you did not receive, which is different than being presented an item and refusing to sign for that item, there is an argument you have not been served at all for the new hearing. There is also the question of why the defense is calling you. A person's liberty is at stake. If you have truthful information that weighs in favor of the defense, not appearing provides an unfair advantage to the government, which already has the advantage of greater resources and greater reputation and greater leverage. I leave you with the thought of there is that which one must do, and that which one should do. Please do that which should be done, even if you feel you are not forced to appear.... Read More
You indicate it is the defense which wishes you to appear and not the state. It would be rare for the state to seek to hold a witness in contempt on... Read More

Can the cops enter our house without permission?

Answered 11 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
When facts are disputed, the witness who appears most credible will likely be the witness who is believed. That may not always be the witness who is the more truthful witness. There are some good testiliars out there, civilian and non-civilian alike.
When facts are disputed, the witness who appears most credible will likely be the witness who is believed. That may not always be the witness who is... Read More

Can the police enter my house if they say that my mother who answered door said come in which she did not give permission to?

Answered 11 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
When facts are disputed, the witness who appears most credible will likely be the witness who is believed. That may not always be the witness who is the more truthful witness. There are some good testiliars out there, civilian and non-civilian alike.
When facts are disputed, the witness who appears most credible will likely be the witness who is believed. That may not always be the witness who is... Read More

What do I do if I have a felony of embezzlement but no prior records of any kind?

Answered 11 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The state is not obligated to give a first timer a free pass. If they are seeking time to do, then the question becomes can the charge be beaten or can a better plea offer be obtained. As for the relationship with your counsel, that is for you to decide. But only the defendant can decide whether or not to take a plea offer.... Read More
The state is not obligated to give a first timer a free pass. If they are seeking time to do, then the question becomes can the charge be beaten or... Read More
It's a possibility. Of course, it is also a possibility the next time you are in your car you have a tail light go out, and an officer stops you to give you a warning. However, when that warrant pops as the officer runs your license, your warning can turn into shiny bracelets and a free ride to jail. Get your old stuff resolved, or at least on a payment plan before some sniggly little matter jams you up in a big way.... Read More
It's a possibility. Of course, it is also a possibility the next time you are in your car you have a tail light go out, and an officer stops you to... Read More

How do I revoke a released consent regarding medical information given to the police?

Answered 11 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
In writing to the police and to the provider. standing in the street shouting or making phones calls will not do it. It time is critical, and it may be, hand carry it. Starting with the provider makes the most sense if you are changing your mind. Doing both in one day should be doable. Send via fax and followup, again especially on the provider end.... Read More
In writing to the police and to the provider. standing in the street shouting or making phones calls will not do it. It time is critical, and it may... Read More

Will the person who stole my pain medication from the mail be prosecuted?

Answered 11 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Followup with the police. if you felt the officer was not taking the matter seriously, ask to speak with a supervisor. Charging decisions are ultimately made by the prosecuting authority. You can also contact their office if you choose. How responsive you will find them may vary from jurisdiction to jurisdiction.... Read More
Followup with the police. if you felt the officer was not taking the matter seriously, ask to speak with a supervisor. Charging decisions are... Read More

What is minimum and maximum penalty if I have no priors and have been charged with felony possession of controlled dangerous substance?

Answered 11 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The statutory range of punishment is from 2-10 years and a fine up to 5,000. There are also always various assorted fees which accompany a conviction or a deferral of judgment being entered. It is possible for the end result for a first time offender to end in something pother than a conviction.... Read More
The statutory range of punishment is from 2-10 years and a fine up to 5,000. There are also always various assorted fees which accompany a conviction... Read More

Can I ask for a pass for my arraignment?

Answered 11 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can ask. It is in the court's discretion to grant or not grant. Do ask for additional time. Do not ask for 'a pass.' use language that communicates you realize you need counsel and are actively seeking counsel. Be prepared to explain to the court what steps you have already taken, and those steps which you plan to take if more time is granted.... Read More
You can ask. It is in the court's discretion to grant or not grant. Do ask for additional time. Do not ask for 'a pass.' use language that... Read More

Is there a specific law that can protect his daughter to make sure the attacker will get a charge for what she did?

Answered 11 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The local prosecutor will decide if state criminal charges are filed. If the matter is referred at the municipal level, the city prosecutor decides whether to proceed.
The local prosecutor will decide if state criminal charges are filed. If the matter is referred at the municipal level, the city prosecutor decides... Read More