Tulsa Attorney Blog
Can You Claim Self-Defense if You Started It?
Can you use self-defense as a defense if you started the fight? Initially, it seems straightforward: if you initiated the conflict, self-defense claims should be off the table. However, the law is more complicated. An initial aggressor may later become a victim if the situation escalates significantly. For instance, if an argument in a bar leads to you shoving someone and they respond by drawing a weapon, you could lawfully defend yourself if faced with a deadly threat. Self-defense must be reasonable and proportional, aiming to ensure safety rather than retaliation. Once the threat ceases, the right to use force also ends. Read more »Steps To Get Your Kid Back in OK
A father faces a troubling situation as his son is now living with his maternal grandfather, and all communication with him is being denied. The child requires urgent kidney treatment, but the mother is not authorizing the care needed, creating a potentially dangerous scenario. The appropriate response hinges on a few crucial factors. If there is an existing court order granting visitation or custody rights, immediate action including involving law enforcement may be possible. Without such an order, establishing parental rights becomes critical, potentially requiring a paternity action or filing for emergency custody if medical care is withheld. Read more »Oops, You're Still Guilty in Oklahoma
Strict liability laws can lead to a criminal conviction even without intent to commit the crime. Typically, crimes require both a mental state (mens rea) and a physical act (actus reus). However, strict liability cases dismiss the need for intent. If the act aligns with the statute, one can be charged regardless of knowledge or intent. This is often seen in possession cases, such as firearms or controlled substances, where mere possession can result in charges. An illustrative case involved a woman charged with firearm possession simply for staying in a room where a gun was found, highlighting the importance of awareness. Read more »Don’t Wait, Protect Your Son's Rights
A concerning situation emerges when a 17-year-old's ex-girlfriend claims she is pregnant but ceases all communication. This prompts a pressing question: what steps should be taken? The urgency of the matter cannot be overstated, as the possibility of adoption becomes a real threat without timely action. Legal steps such as filing a paternity action are critical, even in the absence of DNA proof. Prioritizing this legal process establishes parental rights and prevents the mother from proceeding with adoption without the father's consent. Rapid action and legal counsel are essential to safeguard the young father’s rights and ensure an appropriate outcome. Read more »Ignorance of the Law Is No Excuse in Oklahoma
The law isn't forgiving when it comes to ignorance—knowing or not, you could still face conviction. In Oklahoma, the assumption is that individuals possess a basic understanding of legal boundaries. While obscure laws may not require memorization, fundamental illegal activities like theft, drug possession, and DUI are expected to be known. Complications often arise in scenarios such as public intoxication or constructive possession of substances. For instance, being intoxicated in a car parked in a public area might lead to charges. Similarly, proximity to illegal substances could implicate you even if you were unaware. In legal matters, caution is key. Read more »Can You Undo a Divorce in Oklahoma?
Under Oklahoma law, a divorce can potentially be undone if both parties reconcile under specific conditions. According to Title 43, Section 133, a divorce decree may be vacated if both individuals file a joint petition with the court without either remarrying since the divorce. If these conditions are met, the original marriage is reinstated as if the divorce never occurred. However, this legal option requires careful consideration. Reinstating the original marriage date could affect property division, estate planning, or asset ownership. Choosing to remarry instead offers a clean slate for assets acquired post-divorce, highlighting the importance of consulting an attorney. Read more »Mens Rea vs. Actus Reus in Oklahoma
Who doesn't like building blocks? The building blocks of a crime revolve around two main components: mens rea and actus reus. Mens rea refers to the mental state, questioning whether the act was intentional, reckless, or negligent. Actus reus is the physical action itself, requiring an actual criminal act alongside intent. Simply intending to do something isn't sufficient for it to be a crime; both a guilty mind and a guilty act are necessary. Understanding both elements is crucial in determining whether an act qualifies as a crime, as missing either can mean no crime occurred. Read more »Heat of the Moment or Planned Crime?
Premeditation is a crucial factor in distinguishing between a crime of passion and premeditated murder, often determining the severity of legal charges. The difference primarily lies in intent and timing, with premeditated crimes involving some level of planning or forethought. Even a short pause or a few breaths can indicate premeditation. A crime of passion occurs in the heat of the moment, without time to cool off or contemplate actions. Whether the time involved is mere minutes or longer, the opportunity to think and still proceed with a harmful action signals premeditation, often serving as the legal dividing line between manslaughter and murder. Read more »Say No to the Plea? Watch This First!
When someone declines a state's plea offer, it raises critical questions about potential sentencing outcomes. If an individual turns down a plea deal and instead loses at trial, they can indeed face a harsher sentence. By rejecting the plea, one forfeits some control over the outcome, placing their fate in the judge or jury’s hands. For example, rejecting a plea for a reduced sentence could result in the prosecutor seeking the maximum penalty if a conviction occurs at trial. Understanding these risks is crucial, as accepting or rejecting a plea deal is a significant decision that impacts the future. Read more »Take the Deal or Fight It Out in Court?
A recent inquiry raised a crucial point: how many criminal cases ever see the inside of a courtroom for trial? Surprisingly, very few. In extensive legal experience, about 99% of cases are resolved out of court, primarily through plea agreements. Only a small fraction, about 5% to 10%, end in dismissals, while an even smaller number proceed to trial. The underlying reason is simple: predictability. Clients often choose the certainty of a plea deal over the unpredictability of a trial. The long-term implications, such as an expungement, are also key considerations. Real life favors negotiation over the dramatic flair of courtroom battles. Read more »Bias on the Bench? Legal Options in Oklahoma
Judicial conflicts of interest can significantly impact the fairness of a trial. When a judge has previously acted as a prosecutor on a case, it's a clear conflict that can taint impartiality. This situation arose when a judge, formerly a prosecutor in a client's case, was appointed over the same case. Fortunately, the judge recused himself, recognizing the bias risk. However, not all conflicts are straightforward; sometimes, personal connections may exist without an obvious conflict. Judges typically disclose such ties, allowing attorneys to request recusal if necessary. Procedures like Rule 15 are in place to address these concerns and ensure justice. Read more »Civil Liability Isn’t Criminal Guilt
The possibility of being held liable in a civil lawsuit while simultaneously being found not guilty in a related criminal case is a notable aspect of the legal system. The fundamental difference lies in the burden of proof required: criminal cases demand guilt be proven beyond a reasonable doubt, with unanimous jury agreement. Civil cases, however, only require a preponderance of the evidence, meaning a jury can find liability if there's just a 51% chance of fault. This difference means someone can escape criminal conviction yet still face financial consequences in civil court. Understanding this overlap is crucial, especially in serious incidents. Read more »Bail Hearings: What You Should Know
The transcribed video explains the intricacies of bail hearings within the criminal justice system. When charged with a crime, a court typically sets a bail amount to ensure a defendant returns for trial unless the charge is particularly severe, like a quintuple homicide. Judges determine bail based on factors such as charge severity, criminal history, financial status, and flight risk. Arguments in bail hearings mirror those seen in courtroom dramas but hold real weight. A reasonable bail is intended to match the seriousness of the crime and potential flight risk. Legal professionals can advocate for adjustments in bail to ensure fairness. Read more »What Happens If You Miss Court? Part 2
In the latest installment of the series on bench warrants, the intricacies of these legal orders are further explored. A bench warrant, as explained, is issued by a judge typically when someone fails to appear in court. A recent real-world example showcased the chaos and implications of missed court dates, especially after weather-related court closures. In such scenarios, a judge might issue a bench warrant, leading to possible bond forfeiture and increased bond amounts. The takeaway emphasizes the importance of attending court appearances, communicating with legal counsel, and checking court schedules regularly to avoid complications. Read more »The Role of Evidence in Arrests
Law enforcement does not need to witness a crime being committed to arrest someone. If police had to observe every crime firsthand, arrests would be rare. Typically, officers arrive after the event — whether it's an assault, theft, or DUI. For instance, DUIs often occur with police present, but not always; reports or witness accounts can lead to arrests even at someone's home. Similarly, accusations of robbery do not require police to witness the act. Reports, eyewitness accounts, or video evidence, which are increasingly common, can suffice. In this digital age, evidence like videos can initiate legal proceedings without an officer's live observation. Read more »No Arrest, No Problem? Think Again!
Charges can be filed against you even if you haven't been arrested yet. Law enforcement often gathers more evidence before making an arrest, or investigations might proceed quietly until charges are filed. Many people only discover charges have been filed against them after the paperwork has already started. Sometimes, people are approached during an investigation but not arrested immediately. It's wise to refrain from speaking with law enforcement without legal counsel if you might be a suspect. In some cases, it's possible to negotiate the terms of surrender and bail. Understanding the process can help you prepare if legal actions are imminent. Read more »What Happens If You Miss Court? Part 1
Bench warrants can significantly impact an individual's legal standing, often issued when someone fails to appear in court. Many clients miss court dates for hearings or arraignments, prompting judges to issue a bench warrant and triple the bond amount. It's crucial to remember each court date and attend as scheduled to avoid these repercussions. In certain situations, if alerted early, courts may offer grace, holding off on issuing a warrant. However, missing subsequent dates removes this leniency. Always communicate with an attorney or the court if attendance is impossible to prevent further legal complications. Read more »DUI Arrest: Can OK Police Search Your Car?
In an insightful discussion, the complexities of car searches following an arrest are unraveled. When a vehicle is towed and impounded, law enforcement doesn’t automatically have the right to search it. Despite being in custody for a DUI, casually mentioning suspicious items, like drugs, doesn’t permit a thorough search without a warrant. Any warrant issued must be highly specific, detailing exactly what can be examined and seized, ensuring protection of personal belongings not related to the crime. Scenarios highlighting these legal nuances emphasize the importance of understanding probable cause and warrant requirements to safeguard individual rights. Read more »Understanding the Warrant Requirement in OK
Understanding when a warrant is necessary for a search is crucial, as police do not always require one. Instances such as a K-9 unit alerting to something during a traffic stop or responding to a domestic violence call with clear signs of distress allow officers to search without a warrant. Additionally, under the plain view doctrine, any illegal items observed during a lawful entry can be seized without obtaining a warrant. Knowing these exceptions helps in recognizing potential violations of rights during searches and seizures. Read more »Search Warrants 101: Oklahoma Tips
What are search warrants and why are they crucial to understand? Search warrants are legal instruments that allow law enforcement to search a property for evidence related to a crime, providing a safeguard for individuals' privacy rights. They prevent authorities from arbitrarily entering homes and seizing items without proper cause. The warrant must be specific, detailing exactly what the law enforcement officers are looking for, such as in cases of suspected possession of illicit content. It’s important for individuals to review and understand the warrant, ensuring that searches do not exceed the outlined parameters, and to document the process to protect their rights. Read more »Search & Seizure: Know Your Rights
Understanding search and seizures is essential, as these laws protect individuals from unlawful intrusions by law enforcement. The constitutional right ensures that police cannot stop individuals on the street, at home, or in their cars and rummage through their belongings without proper justification. Police need either permission, a warrant, or probable cause to conduct a search. For instance, visible illegal items can be seized without a warrant under the plain view doctrine. However, officers cannot search a vehicle based merely on suspicion without consent or proper legal grounds. Knowing these rights is vital in safeguarding against potential violations. Read more »Unlawful Interrogations In Oklahoma
Imagine being arrested and questioned without Miranda rights being read. You confess to multiple murders and reveal the weapon's location, leading to a police search and murder charges. Is this legal? The concept of Fruit of the Poisonous Tree dictates that evidence obtained through improper means, such as an unlawful interrogation, can be excluded from court. Even if a subsequent search warrant is valid, the evidence — like the murder weapon — could be inadmissible if initially obtained from a rights violation. Understanding and exercising legal rights can be crucial in such situations, highlighting the importance of legal counsel. Read more »When Cops Must Read Your Rights
Understanding when you should be advised of your Miranda rights is crucial in a legal context. Law enforcement is not required to read you your rights during every interaction. For instance, if you're casually questioned during a traffic stop, it's typically not considered custodial interrogation. However, once you're handcuffed, taken downtown, and questioned in an interrogation room, your situation shifts to custody. At this point, Miranda rights should be read to you. If not, statements made in custody but prior to being Mirandized might be inadmissible. It's essential to recognize your rights to ensure they are properly enforced. Read more »Miranda Rules: Don’t Speak Too Soon
Many assume that once handcuffed, they must immediately hear their Miranda rights. This isn't always true. Procedures vary; some departments recite rights at the scene, while others wait until later at the station. Handcuffs alone don't indicate arrest, as they might be used to manage situations. Miranda rights are typically read at the start of a custodial interrogation. Regardless of rights being read, anything said to officers can be used in court. It's prudent to remain silent until consulting a lawyer to better understand one's rights and navigate legal processes effectively. Read more »Miranda Rights: Avoid Mistakes
Understanding Miranda Rights is crucial, especially during an arrest. These rights are often heard on TV, emphasizing the right to remain silent and the right to an attorney. The phrasing may vary, but the essence remains consistent. Key points include the right to remain silent, the right for statements not to be used against you unless properly informed, and the right to legal counsel during questioning. If these aren't communicated, any statements could be challenged in court. Signing a Miranda waiver implies waiving these rights, so it's essential to comprehend the implications before proceeding. Read more »
