Dismissal without Prejudice: Felony Statute of Limitations

Understanding Dismissal Without Prejudice in Civil Cases

In Oklahoma civil cases, a dismissal without prejudice allows the case to be refiled within one year, thanks to a saving statute that keeps the case alive.

Dismissal Without Prejudice in Felony Cases

For felony cases, no such saving statute exists. Prosecutors can refile a dismissed case without prejudice, but only within the original statute of limitations, typically three years.

Consult with an Attorney for Legal Advice

If you have questions about criminal procedure in Oklahoma or need legal advice, consult with Attorney James Wirth at MakeLawEasy.com or call 918-879-1681.

Legal deadlines in Oklahoma are a hot topic of discussion, especially when it comes to determining whether they are based on calendar days or business days. A recent case decided by the Oklahoma Court of Criminal Appeals sheds light on this issue. The case involved a pro se litigant who misunderstood the deadline to withdraw a guilty plea, leading to a debate over whether the deadline is based on business days or calendar days. The court ultimately ruled that all deadlines, regardless of length, are based on calendar days. This decision serves as a reminder that pro se litigants must familiarize themselves with court rules to avoid costly mistakes. If you’re facing a legal deadline, it’s crucial to seek guidance from an experienced attorney to ensure you meet the requirements within the allotted time frame. To discuss your specific circumstances, contact our office at MakeLawEasy.com.

Have you been charged with possessing or bringing contraband into a penal institution? Criminal attorney Carl Burkhead in Tulsa, Oklahoma can help. It’s important to be honest about what you have on you when being booked to avoid additional charges. Burkhead shares a cautionary tale of a client who failed to disclose drugs on him, turning a simple public intoxication charge into a felony drug smuggling charge. If you find yourself in a similar situation or know someone who does, don’t hesitate to reach out for guidance. Burkhead and his team at Law Office are here to help navigate through the legal process. Visit MakeLawEasy.com for more information.

The impact of a Miranda rights violation in your Oklahoma case can be significant. As a Tulsa attorney, I’ve seen how crucial it is to understand your rights and how they can protect you during criminal proceedings. If the police fail to properly inform you of your Miranda rights before questioning you, any statements you make could potentially be excluded as evidence. It’s important to remember that you have the right to remain silent and should exercise that right if you find yourself in this situation. Consulting with an experienced attorney can help you navigate the legal process and ensure that your rights are protected. Contact my office at MakeLawEasy.com to schedule a consultation.

Are you facing drug possession charges even though you didn’t actually have drugs on you? Attorney Karl Burkhead is here to help navigate the legal process. In Oklahoma, constructive possession allows law enforcement to charge you if drugs were within your realm of access or control, even if you didn’t know they were there. Whether it was in a friend’s car or house, the state will try to hold you accountable. With Karl Burkhead’s experience in criminal defense, he can help prove your innocence with crucial facts and circumstances. Reach out to Worth Law Office for assistance in fighting these charges.

Are you being questioned by law enforcement for being suspected of having committed a crime? My name is Karl Burkhead. I’m with Worth Law Office in Tulsa, and I’m a criminal defense attorney, and I’d like to help you navigate this process. A lot of times people get in situations where, you know, cops show up at their door or law enforcement asks them to come down and ask some questions about an ongoing investigation. More often than not, people will think that they can talk their way out of it, regardless of whether or not you are innocent or have done something. It is always in your best interest to make sure that you have an attorney present before answering any questioning. As an example, not too many years ago, I had a client who was being questioned for allegedly possessing methamphetamines. My client think that he could talk his way out of it, said he did not intend to actually use the meth, he intended to sell it. While that may sound like a great idea, hey officer, I might have had it on my possession, but I didn’t intend to use it at all. I was going to go trade it for a pack of cigarettes. What he had accidentally done was talked his way into getting a felony charge rather than a misdemeanor charge. It’s very, very nerve-wracking when being questioned by law enforcement, and it is very easy to think that the best way to to get out of it is just to have a chat. This is the one situation where that’s not going to be the best case for you. Anytime you’re even suspected of a crime, always consult an attorney first, and if you are ever approached by law enforcement for any reason, even if it’s just to say we think you may have been a witness, your response should always first be, I understand that, I’d like to speak with an attorney, and then we will get back with you. If you have any other questions, or if you feel like this has been some helpful information, I would love to be able to chat with you more. If you find yourself in a situation where you were facing any sort of criminal charges or even being questioned by law enforcement, please feel free to reach out to our office. You can find us at MakeLawEasy.com or reach out to Worth Law Office. Once again, my name is Carl Burkett, and I hope this was informative.

In this blog post, Tulsa attorney James Wirth discusses strategies and considerations for negotiating plea deals in Oklahoma. From attacking weaknesses in the case to highlighting the favorability of the client, Wirth explains various approaches to securing a favorable plea bargain. He also delves into the practical aspects of negotiating plea deals, such as requesting a quick resolution or discussing restitution arrangements. If you’re facing criminal charges and seeking legal advice on negotiating a plea deal, Wirth invites you to schedule a low-cost initial strategy session with his office. Contact him at 918-879-1681 or visit MakeLawEasy.com for more information.