You can expunge a felony DUI in Oklahoma but you have to qualify. A felony DUI can make your life difficult for many reasons. Potential employers may refuse to hire you when they find the conviction on your record. You also might struggle to get into school, find adequate housing, or obtain a loan. Fortunately, depending on your circumstances, you…
Domestic assault charges in Oklahoma are extremely serious, and can have life-altering legal consequences. Depending on the circumstances the crime is charged as felony or misdemeanor. Domestic assault and battery cases are frequently charged crimes. In fact during the pandemic, while we’ve been limited on where we can go, the number of cases has soared. If you have been arrested…
Homicide charges in Oklahoma carry hefty prison sentences and come as the result of many different circumstances. The city of Tulsa has 80 or so homicides in a typical year. This is an average that stays within a certain range. One of these includes the beating death of a young woman by her husband. The husband beat her with a…
The impact of a prior felony conviction depends on several factors. If you have been charged with a felony, you may wonder whether your prior convictions and charges will impact your current case. Is there going to be a worse punishment or will the prior conviction result in the charge being bumped up to a felony? You may also wonder…
Oklahoma’s McGirt Decision has upended criminal prosecution and has criminal lawyers fighting to get cases dismissed.. Oklahoma criminal prosecution was changed significantly by a decision made by the United States Supreme Court on July 9th, 2020. In the U.S. Supreme Court decision, written by the Honorable Justice Gorsuch, it was determined that the Muscogee (Creek) Reservation boundaries were not reduced…
Protective orders impact child custody rights in many ways. If you are ever in a situation where you are accused of violence, harassment or abuse towards your children or their other parent, you could be issued a Protective Order. The protective order could also come with potential criminal charges. This order might affect your ability to see your children and…
The Actual Physical Control crime is also sometimes called APC. You already know that in Oklahoma, you are not allowed to drive a car while under the influence of alcohol or drugs – otherwise known as driving under the influence (DUI) or driving while impaired (DWI). However, you might be surprised to learn that it is against the law to…
In December 2018, a woman plead to charges of leaving the scene of an accident which left her with 10 years of probation, community service, and hefty fines. The woman and her spouse were arguing at a bar. The argument continued to the couple’s apartment. The woman left her apartment after her partner pulled a gun on her and jumped…
Drug Trafficking is a very serious crime in Oklahoma. Many know that Oklahoma has some of the toughest drug laws in the country. With its amended version of the Trafficking in Illegal Drugs Act, you can get 20 years for a first violation of its provisions. The Trafficking in Illegal Drugs Act makes it illegal to knowingly possess, distribute, manufacture,…
In Oklahoma domestic assault in the presence of a minor is a Serious Crime. Unfortunately, statistics show that nearly 20% of children witness a domestic abuse situation in their lifetime. Further, repeat situations can lead to depression, anxiety, and rage in children as they mature. This truth is a tough reality. However, some people exploit this reality and use children…
Protective order violations in Tulsa are very serious crimes. In April of 2017, a woman reportedly held a man at gunpoint from her front porch. The man was in violation of a protective order that was issued against him. He was at the woman’s house demanding her debit card and sitting in her driveway even after being ordered by the…
Auto Theft Crimes in Oklahoma are on the rise. Possession of a stolen vehicle is a felony crime in Oklahoma. Under Oklahoma’s Motor Code, it is illegal for a person not entitled to the possession of a vehicle to receive, possess, conceal, sell, or dispose of the vehicle. Its also important that the accused knows the car is stolen (47…
Getting a criminal misdemeanor expunged in Oklahoma is possible. Expungements remove or “seal” past offenses on your criminal record, but you must qualify. Having a past charge or conviction available for the public eye can cause a lot of burdens in your life. This impacts includes things like looking for a job, buying or renting a house, or simply being…
In December of 2016 a man was charged with aggravated assault and battery after attacking his daughter’s basketball coach. The coach recently dismissed the girl from the competitive team. Later, her father, wanting to discuss the matter, met with the coach at a convenience store. This is where the altercation was on video. The girl’s father kicked the coach multiple…
Child Neglect crimes are considered a form of abuse in Oklahoma. The district attorneys office in Oklahoma are aggressive about prosecuting cases in our state. In 2016 a woman was charged with child neglect crimes after driving under the influence with a two-year-old in the car. When stopped by police, the woman blew a “.17” on a breathalyzer test. Indeed,…
Capital Punishment in Oklahoma is permitted under sate law. Oklahoma has not enforced the death penalty since 2015. Charles Frederick Warner was the last man executed using the death penalty in our state. He was injected with a lethal dose of midazolam. Despite having 2 botched executions in the past decade that stirred controversy, Oklahoma plans to resume capital punishment…
Oklahoma Embezzlement charges can come in a couple forms. Embezzlement is described as the misappropriation or misuse of company money, property or time. In other words, it’s a type of property theft. Normally the property theft is a theft of an employers property. The property misappropriated is generally money but can be any company property. All kinds of employers try…
Assault and Battery with a Deadly Weapon is a serious offense in Oklahoma. Although assault and battery are two distinct crimes, they are commonly charged as a single crime. A person may be guilty of assault and battery as a single crime when an assault culminates in a battery. Oklahoma has outlined different kinds of assault and battery crimes within…
Assault and Battery on a Police Officer is a crime the District Attorneys often use as a tool to put people in prison. Assault and battery upon Police officers includes any attempt to reach for or gain control of the firearm of any police officer. This includes deputy sheriff, state police, jail or prison employees, or any peace officer employed…
Oklahoma second Degree Murder can be somewhat confusing if you have read the statutes. This is because there is a fine line between second degree and first degree. Take for example this second degree murder charge. An OKC man recently beat the elderly man he was in charge of taking care of in a home healthcare agreement. The victim suffered…
Eluding a Police Officer in Oklahoma is a serious crime that can land you in jail.. A Topeka man recently received a sentence of 8 years in prison for eluding an officer and other illegal acts. The man was sleeping in his car when police approached him. He woke and made an attempt to drive away while an officer’s arm…
Oklahoma felony domestic abuse is an extremely serious charge. It can cause emotional, financial, and even social strain for a person facing such accusations. Many domestic abuse charges start out as misdemeanor cases but later are enhanced and charged as a felony. However, up to 70% of domestic abuse allegations in divorce and custody proceedings are a fabrication or an…
Federal Grand Jury Process, like all federal criminal prosecutions is much different than in State Court. Most people are familiar with State court cases in Oklahoma, where the charges are already determined, and the case goes to trial. This is what is most commonly seen on television and what most people will experience if they’re arrested. If someone is arrested…
If you have a criminal record in Oklahoma and want to seal it there are different kinds of record expungements available. Let’s suppose you were charged with a non-violent felony or misdemeanor, and the court defers your sentence for a certain period of time, let’s say 2 years. After this period of probation is complete you can petition the court…
In April of 2017, parents of a 4 year old girl confronted a Nebraska daycare worker after witnessing a video of child care abuse against their daughter. The worker full force punches the girl in the arm and violently shakes the girl on the video after the girl begins crying. The parents of the girl are pressing charges against the…
A NYC Journalist recently received a prison sentence in stalking charges of involving his ex-girlfriend. The man, over a year’s time, issued over 150 bomb threats to Jewish centers across 37 states in the name of his ex. He also posted nude photos of her online and harassed a large number of her family members. The courts found him guilty…
Kidnapping criminal charges are filed as a felony in Oklahoma. Most people think of famous cases like Elizabeth Smart or the three girls in Ohio who recently escaped. However, these are extraordinary cases involving kidnapping criminal charges. The crime often times will be from an estranged or ex-spouse taking a child. Other forms are often holding a person against their…
Oklahoma Prescription Drug Possession crimes are common in our State. Statistics from a 2016 study show that almost 60% of overdose deaths in the state of Oklahoma are due to abuse of prescription drugs. These include many painkillers and anti-anxiety pills such as Oxycodone or Xanax. These habits not only threaten lives, but they can cost you. Some habits can…
Defending Rape Charges requires a strong understanding of potential defenses. In February of 2017 a Tulsa man was convicted of rape by instrumentation and crimes against nature. During Valentine’s Day, a woman became unconscious at the man’s home. She awoke to severe pain and later found photos of sexual assault against her involving objects and at one point a dog. …
Defending Possession of a Firearm After a Felony in Tulsa requires careful preparation by your criminal defense attorney. While the United States Constitution provides the “right to bear arms,” the Oklahoma State Constitution applies further protections. In Art. II, § 26 the authorities “shall never” prohibit the right to bear arms for defense of person or property. However, the section…
In the world of criminal sentencing the difference between Deferred and Suspended Criminal Sentencing is huge. Our clients often ask us: What is the difference between deferred sentences and suspended sentences? While there are similarities between the two, they are some very important distinctions. This article explains these differences and helps you know which you prefer during a plea or…
Fighting First and Second Degree Burglary in Oklahoma begins with understanding the difference between the two charges. Oftentimes many people believe that the degrees of a crime are not that important. For instance, someone may not take the idea of first degree burglary much more serious than second degree burglary. However, there are a few significant differences between first and…
In July of 2017, Rogers County officers attempted to stop a man for speeding. The driver, once the officer began getting out of the police car, sped off. He led officers on a chase over highways and through county roads, evading roadblocks and ramping over railroad tracks. When the chase came to an end, the man admitted running because he…
Possession of a Stolen Vehicle in Oklahoma is a crime the Tulsa County district attorneys office hotly pursues. In early June of 2017 an unmarked police vehicle was stolen in South Tulsa. The vehicle did not have any external markings, but did hold a pepper spray ball, a ballistic shield, and handheld radio. As of June 9th, the vehicle whereabouts…
Child abuse domestic violence charges dismissed in Tulsa today. Just like any domestic violence case if its enhanced and charged as child abuse domestic violence the charge must be supported by what the State can prove. This means that State of Oklahoma, when charging Child abuse domestic violence, has to meet the elements of the crime and this includes some…
In 1983, Oklahoma courts held in the Sanchez v. State appeal that “breaking” can be applied to small breaking “no matter how slight” to remove an obstruction in order to enter a place. This was illustrated in Sanchez when he rang a doorbell and when the resident of the home tried to shut the door he pushed it open. Thus,…
Defending Oklahoma False Impersonation Charges in Tulsa is complex with serious consequences to those accused of this crime. For example, in March of 2017 a Skiatook Oklahoma man was taken into custody for false impersonation of a federal agent. The man struck an Italian restaurant manager in the chest while claiming the manager was a German spy. Further, the man…
Application to Revoke Probation for a failure to complete your terms and conditions of the criminal sentence puts your personal freedom in danger. Sometimes people convicted of crimes receive a suspended sentence or deferred sentence. However, both type plea agreements require a plea of guilty at the time of sentencing. Once the plea enters, you are on a probationary period. This…
Prescription Fraud Charges in Tulsa are more common then many people realize. August of 2016, the lead dentist of Signature Smiles in Tulsa received charges for murder. During the investigation, Tulsa Police officers also discovered several possible criminal activities by Franklin’s employees, including prescription fraud. For example, one of the firms dental assistants is under investigation for forging narcotic prescriptions…
Oklahoma manslaughter charges are very serious and could land an excused person in jail. In January of 2017, a Minnesota man was charged with manslaughter after shooting at trespassers on his property. The group was casing his house early in the morning for a future burglary attempt. The owner awoke to the noise and discharged two shots, hitting one of…
Embezzlement crimes in Oklahoma together with Ponzi schemes have become famous under the likes of Bernie Madoff and Enron’s Kenneth Lay. However, even Oklahoma is susceptible to such practices. For example, the punter for the OU Sooners 2000 championship team, Jeff Ferguson, is facing financial embezzlement charges. He allegedly embezzled $620,000 from Firstar Bank, N.A. This is a significant number…
Expunging Oklahoma Criminal Records will seal the criminal arrest and criminal charges making it as if the crim never happened. Many people are aware of the theory of expunging Oklahoma criminal records but not sure how its done. The process can be slightly more complex than it sounds but its possible if you qualify. Oklahoma law allows expungement of criminal…
Endeavoring to Manufacture Meth Charges in Oklahoma have undergone a serious expansion as the war on meth ramps up. In 2015, the OSBI reports that close to 300 arrests regarding drug use alone were made in Tulsa county. This is not necessarily surprising, as Oklahoma has topped the methamphetamine epidemic charts for years. However, endeavoring to manufacture meth is a growing…
Shooting with Intent to Kill is a serious crime in Oklahoma. Many people are familiar with the controversial 2007 “Horn Shootings” in Texas. A 61-year-old man shot two illegal immigrants leaving his neighbor’s home in what appeared to be the course of a robbery. These brought into question The Castle Doctrine (otherwise known as “Stand Your Ground”) versus shooting with…
In September of 2016, an Oklahoma City woman was arrested on four counts of Oklahoma second degree burglary. She began in the Valvoline gas station parking lot, entering unlocked vehicles and also taking purses. Upon arrival in the Sprouts parking lot, police found her in her car with her shirt around her neck and covering her face. While searching her vehicle,…
Oklahoma First Degree Manslaughter involve complex legal issues. The following is an example of one instance of it. In the 2010 Oklahoma case of State v. Ceasar, a driver in a hit-and-run accident was charged with first degree manslaughter. Ceasar was driving with a revoked license. Further, he hit two pedestrians crossing the street. One pedestrian died due to her injuries,…
Failure to Pay Fines and Court Costs in Oklahoma is a crime. Its a crime that can land you in jail. A 2013 Tulsa World article, the editors at Tulsa World discuss the increasing number of people in jail for failure to pay fines and Court costs in Oklahoma. The article focuses on a woman who originally had $150 in fines…
Unauthorized use of a motorcycle is a crime in Oklahoma. It is unlawful for a person to use a motor vehicle of which they do not have possession of, nor permission to use. You may ask if your motorcycle or three-wheeler falls under the jurisdiction of this law. Well, 47 Okl.St.Ann. § 1-135 legally defines motorcycle: it is a motorized…
In Oklahoma, it’s a felony to commit assault and battery on an officer. This also includes police, sheriffs, deputy sheriffs, corrections officers, highway patrol, and any other peace officers that are in the line of duty. As tension rise across the nation regarding law enforcement and defendants, it’s more important then ever to address this topic. Read on to understand…
Robbery Crimes in Oklahoma occur every day. Oklahoma Neighborhood Scout reports over 75,000 Oklahoma robberies in the last year. It also states 1 in 33 residents will be victim to a property crime at some point within the year. These numbers are significant and alarming. Further, many of these crimes will include eye witnesses. Eye witnesses typically have a high…
Strict Liability in Criminal cases exist in Oklahoma. Although strict liability mainly applies to product defect cases or other personal injury cases in the civil arena, it is occasionally part of criminal cases as well. The elements of strict liability in criminal law are simple: a statute exists and someone breaks the statute. It does not require that a person knowingly or…
The new expungement law in Oklahoma makes sealing your criminal record just a little bit easier. The impact of a criminal record can be devastating. It means employment opportunities are limited as well as many other opportunities that look to your criminal record and require that its clean. For years the impact of open records and the free flow of…
Possession of Drug Paraphernalia is a crime in Oklahoma. With high social stigma attached to it, often times it haunts a person throughout their lifetime. Okla. Stat. tit. 63 §2-405(B) addresses drug paraphernalia. It states: “No person shall use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale…
Domestic assault and battery in Tulsa is a common crime. More often then most people realize citizens are charged with domestic assault and battery. The increase in arrests follows closely the public’s desire to reduce domestic violence. This effort comes in the form of strict enforcement of assault charges as they relate to family members. What was once a rare and…
Probation revocation Oklahoma is a serious offense. When you’re convicted of a criminal charge in Oklahoma the Judge has the choice of sentencing you to a jail term, probation or a combination of jail and probation. If the Judge sentences you to a term of probation and you violate the probation the court can revoke the probation and sentence you…
In Oklahoma failing to return rental furniture is a crime of Embezzlement of Rental Furniture. When most people rent furniture or appliances in Tulsa they don’t do it intending to commit a crime. They rent it with with the intent of paying it off and keeping the products. Generally the reason they use a Tulsa Oklahoma rent to own retailer to…
In Double Jeopardy starring Tommy Lee Jones and Ashley Judd, Judd and her husband are a couple with a son. In order to avoid debts and looming bankruptcy, her husband purchases a life insurance policy with a very hefty payout and names their son as the beneficiary. Her husband then fakes his own death and frames Ashley Judd for murder. Ashley…
Fatal Car Accident kills Ashley Biggs , Larry Lawson and Toby Lawson of Oklahoma Larry Lawson and his 10-year old grandson were both killed along with a passenger in the other vehicle, 24-year old Ashley Biggs, when the Lawson vehicle swerved into oncoming traffic striking the Biggs vehicle head on causing a violent, fiery fatal car accident. Further, Ashley’s mother…
Have you received service of a protective order? Contact our Oklahoma protective order defense attorney for free information. Our protective order defense attorney can review your case and help you develop the best defense possible to rebut any claims of domestic violence. Further, don’t ignore the court summons or the protective order hearing. If you don’t attend the hearing, a default…
Oklahoma drug crimes are a serious matter, punishable by years in prison, substantial fines, and the potential for a felony record. In addition, Oklahoma Drug crimes can be defined to include any criminal activity that involves an illegal controlled substance. If you’ve been accused of a drug crime in Oklahoma or fear you soon will be, you need to retain the…
Understanding Misdemeanors in Oklahoma Misdemeanors in Oklahoma are not the most serious of crimes, but they still can result in some pretty harsh consequences. Most Oklahoma individuals do have a general understanding that misdemeanors are more serious than infractions, but not as serious as felonies. However, it is still important to understand the different types of misdemeanors in Oklahoma. It is…
In Oklahoma, drinking then getting behind the wheel of a motor vehicle can lead to serious consequences. You can be criminally liable under four different Oklahoma statutes, and face civil liability as well. With the assistance of one of our experienced Tulsa DUI Attorneys, however, you can mount a successful defense to a alcohol related crimes. Driving Under the Influence: The crime…
The recent legalization of marijuana for personal use in the states of Washington and Colorado have lead to a widespread push to legalize marijuana in other states at least for medicinal purposes. In Oklahoma, one senator is pushing to legalize marijuana, however, unsuccessfully. Thus, Oklahoma marijuana possession laws are as serious as any other drug charge. Many individuals in Oklahoma…
If you receive charges of a DUI in Oklahoma you may need need the help of Tulsa expungement attorneys. They help seal your criminal record. A conviction of Driving Under the Influence (DUI) can have disastrous consequences for years to come. Of course, the severity of the crime plays a huge role. It determines whether or not you’ll need to serve jail…
The Fourth Amendment and criminal law protects against unreasonable searches and seizures. It protects owners from unreasonable searches of themselves, their property and other effects. Unreasonable search and seizure is one that occurs without a warrant. The warrant must state with particularity who, what and where the search is to take place. The primary idea behind the fourth amendment is to…
Have you or a loved one been arrested and charged for criminal possession of marijuana in Tulsa? If so, you should contact our criminal marijuana defense attorneys for a free case consultation. Our attorneys can review your case and provide you with various legal outcomes that could result based on your particular circumstances. Marijuana Criminal Lawyer: Being charged with the criminal possession…
In recent news, the Eastern District of the Oklahoma United States Attorney’s Office announced on January 10, 2014 that Gary J. Neel of Wagoner, Oklahoma, was sentenced to 24 months imprisonment without parole and 5 more years of supervision for failure to register and update his registration as required by the Oklahoma Sex Offender Registration and Notification Act. Neel had…
In May of 2013, Oklahoma became the 50 state to enact legislation covering post conviction DNA review for criminal defendants. The new law, 22 O.S. § 1373, Post conviction DNA Testing Act, is some of the most comprehensive legislation on DNA review in the nation. The law impacts criminal defendants that received 25 years or more of imprisonment in violent felony cases….
Some clients may not know that the same act can subject them to both civil and criminal liability. Our U.S. legal system does in fact have both civil laws to provide remedies to injured parties and criminal sanctions to punish wrongdoers. This article briefly discusses distinctions in criminal and civil law, so you can better understand each system. Different Purpose: Civil…
Sex crimes have been growing over the years in Oklahoma, and across the United States. With the exponential growth of the internet, it’s no wonder that internet sex crimes are also growing. Communication online is much easier than meeting in person. This causes people to flock to the internet. Many solicit sex in chat rooms or on social media websites,…
Miranda is one’s right to remain silent. It states that the prosecution through the Police may not use statements of individuals when they are in custodial custody without first receiving their miranda right to remain silent. Miranda is a precautionary rule. It protects the Fifth Amendment rights of suspects within criminal cases. However, Miranda is only applicable when the suspect is in custodial custody and…
Oklahoma prosecutors have a limited period of time in which to press criminal drug charges against an individual. This allows police and the prosecutor sufficient time to determine if probable cause exists. Then to formally charge someone with a drug crime. Oftentimes, with drug charges, it could take a prosecutor up to one year or even longer to get probable…
Traffic tickets are a common annoyance that many Oklahoma citizens must deal with. Whether it’s a parking ticket, no insurance, not wearing a seat-belt, or a speeding ticket , we can help. The biggest mistake many Oklahoman’s make is to ignore a traffic ticket. Don’t ignore a traffic ticket call our Tulsa traffic ticket attorneys today! In Oklahoma, a court…
As most people are aware, facing criminal charges is extremely difficult, and without proper representation, can have life-altering repercussions. However, trying to find the right criminal defense attorney can present several challenges. This at times, may influence people to act out of desperation and hire the first attorney that comes along. It is important to realize that having a skillful…
Most people know that they can go to jail for a DUI if a blood chemical test shows that they were driving with illegal narcotics in their blood. Fewer are aware that prescription drugs that impair perception, coordination and otherwise impact driving ability can also be the basis for a Oklahoma DUI arrest. You may be subject to a DUI prosecution…
Violations of Oklahoma sexting laws are on the rise. Many parents may find the constant texting activity of their kids to be annoying. However, parents may not realize that a common text messaging activity can result in their teenagers facing criminal charges for creating, distributing or possessing child pornography. This common activity among teens which may expose your teen to…
ICE holds involving drug possession in Tulsa can have crippling effects on your family. If you’re not a U.S. citizen and suffer an arrest for a criminal offense, the potential consequences for you can be particularly devastating. Many times the Immigration and Customs Enforcement (ICE) agency will place an ICE hold on those under arrest and have no documentation that…
Stop and frisk abuse in Tulsa is a real concern. Since the early 1990’s its been a problem for citizens in Tulsa and the Country as a whole. If unchecked stop and frisk abuse allows the Police to stop you and search you without a reasonable suspicion that you committed a crime. When you’ve been arrested you need an attorney to…
Many people convicted of crimes in Oklahoma presume that once they have served their time and fulfilled the terms of their probation they can move on with their lives. The reality is that an Oklahoma criminal record can follow a person far into the future. It can impact employment opportunities, housing, admission into college and even access to financial loans. Because…
APC DUI criminal charges in Tulsa can be a nightmare. After a night of bar hopping with friends, you think you’re sober enough to drive home. After walking to your car on the street along the curb, you pull out your keys. Immediately you realize you are in no shape to drive. Because you are responsible, you decide to sleep…
Oklahoma field sobriety testing can be challenged in Tulsa DUI cases. This is because many State and local Police make mistakes administering the test. Also some of the cues the Police use for Oklahoma filed sobriety testing can be considered less the objective proof of DUI. If administrated incorrectly Oklahoma Field sobriety testing will get you a not guilty. Not…
Tulsa attorneys defending against Oklahoma DUI charges push the same narrative to clients. Through information on what to do its hoped defending against Oklahoma DUI charges can continue trending towards higher success rates. People receive drunk driving convictions in Tulsa and throughout Oklahoma on a daily basis. But, many of those arrested for DUI might well have avoided arrest and/or conviction had they…
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