Felony Murder Rule in Oklahoma is a statuary rule that is used in some degree or another in most states and by the Federal criminal court. This rule expands the definition of murder to certain participants in a crime. The felony murder rule is a legal doctrine that imposes liability for murder on a participant in a felony if a…
Criminal Malice in Oklahoma is generally understood to mean having bad or evil intent. The term “malice” is defined by Oklahoma criminal law statutes to mean having a wish to “vex,” “annoy,” or “injure” another human being. Thus, under Oklahoma law, the word malice may have a somewhat different connotation than it carries in everyday language. In Oklahoma criminal law,…
Domestic assault and medical hearsay is an exception to the hearsay rule in Oklahoma. Sometimes, we find ourselves in situations where our personal relationships have gotten out of hand. Too many times, police are called to intervene. If you find yourself in such a situation, especially when police are calling it “domestic violence”, there is a lot of pressure to…
When the Police search your phone that search must be supported by a valid search warrant. Many people today carry all sorts of information on their phone. It may just be funny cat videos to share with friends, family pictures, or extremely sensitive information like social security numbers and banking passwords. If you are arrested, will law enforcement have the…
Threatening violence in Oklahoma can land you in trouble. How much trouble depends on many factors. One factor is the response from the person threatened. This response is considered in light of what other reasonable people might believe if the same threat was made against them. A truth about this type of crime is its not uncommon that the threat…
In Oklahoma the role of lie detector tests in criminal cases is dubious at best. Most states, including Oklahoma, do not accept the results of polygraph (often called lie detector) tests as admissible evidence in court. This is because polygraph tests do not meet the threshold of reliability required for evidence that is admissible in court. The reasons are many…
Uttering a forged instrument in Oklahoma is illegal. The Oklahoma legislature uses the word “utter” as a synonym for the terms “pass” and “transfer.” Most people think of this crime as only involving hot checks but, this is not the case. Any negotiable instrument that is passed or otherwise forged is considered an uttering crime. Passing an instrument like a…
Placing children on a protective order in Oklahoma is not recommended. A protective order directs a named defendant to follow specific conditions of conduct or behavior. It directs the defendant in the restraining order to stay away from the person who got the order. It serves as a warning to a defendant that violations of a protective order will result in…
Parental kidnapping in Oklahoma is a serious crime. This crime occurs when one parent takes a child from the other parent without legal permission. In the United States, parental kidnapping is most common type of kidnapping, as parents are more likely to commit the crime than non-parents. Normally this kind of kidnapping is part of an ongoing child custody case or a divorce. Most state…
A DUI field sobriety test In Oklahoma is some of the most common evidence used by the Police in a DUI. Field sobriety tests determine impairment or a BAC level in DUI stops The BAC is used to establish probable cause for a DUI arrest. The court determines their admissibility in any DUI case on a case-by-case basis, using the…
An Oklahoma DUI with a child in the car enhances the original punishment for DUI. Rather than a simple felony or misdemeanor Drunk driving crime DUI with your kid in the car can enhance charges including child endangerment. Child endangerment is a serious crime. Driving under the influence of drugs or alcohol is also a serious crime. When you are…
The term “Miranda Rights” is an important aspect in criminal defense matters. Miranda Rights were defined as the result of a United States Supreme Court case. In this case, the Court refers to constitutional rights that grant you the right to a criminal defense attorney and the right to remain silent. This is a landmark case and is perhaps one…
A Life Sentence in Oklahoma doesn’t always mean that the person will spend the remainder of their life in prison. You are subject to sentencing in Oklahoma after you are found guilty of a crime through a trial or by pleading guilty. As part of a criminal trial, in addition to deciding whether a person is innocent or guilty, a…
Romeo and Juliet Law in Oklahoma is an exception to statutory rape and impacts the age of consent for sexual relations. Like many states in the Union, Oklahoma has an exemption to a specific sex offense law known as the “Romeo and Juliet” exception. As you’re probably aware, Romeo and Juliet are the central figures in a Shakespeare play. They…
In Oklahoma your drivers license after DUI is placed at risk. If you have been charged with Driving Under the Influence (DUI) or Actual Physical Control (APC), you may be at risk of having your driver’s license revoked or suspended. Losing your license can severely impact your life. Finding alternative and reliable transportation to a job, attending to your kids’…
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…
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…
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 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…
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,…
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…
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…
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…