The warrant was issued by a magistrate who abandoned neutrality by helping law enforcement redraft the affidavit and sign the warrant.
OCCA: Suppression of Evidence Affirmed Where Magistrate Abandoned Her Neutrality (S-2022-412) Read Post »
A predicate misdemeanor is a type of misdemeanor that becomes a more serious felony if the individual is convicted of the same offense again.
He appealed his 20-year sentence on the grounds of insufficient evidence presented by the state to prove his guilt as an accessory.
OCCA: Accessory to a Crime Requires More than Merely Being “Along for the Ride.” (F-2021-554) Read Post »
The court found that the state is privileged to withhold the identity of a person who has furnished information to law enforcement.
OCCA Finds Defendant Not Entitled to Know Identity of Accuser Who Instigated Investigation Read Post »
Some indicators of probable cause include if the individual appears to be impaired or if there is paraphernalia or contraband in plain view.
How Can You Know if the Oklahoma Police Have Probable Cause to Search You during a Traffic Stop? Read Post »
The right to confrontation under the US Constitution’s Sixth Amendment gives the accused the right to confront witnesses against them.
Does the State of Oklahoma Have to Disclose Its Confidential Informants to Defendants? Read Post »
For something to be perjury, the individual must knowingly make a false statement of fact with the intention that the court will rely on it.
If the harassing calls and letters persist, a cease and desist letter can be sent by an attorney to formally advise the creditor to stop.
Using Cease and Desist Letters to Stop Unfair Debt Collection in Oklahoma Read Post »
Cease and desist letters can be used in Oklahoma to stop defamation, such as slander or libel, without having to file a lawsuit.
Using Cease and Desist Letters to Stop Defamation in Oklahoma Read Post »
Even if the plaintiff on the protective order makes contact, the defendant can still be charged with a crime for violation if they respond.
Is Accepting a Call from My Ex a Violation of a Protective Order in Oklahoma? Read Post »
An attorney can draft and send a cease and desist letter, which explains the law violation and demands the removal of the content.
Using Cease and Desist Letters to Stop Revenge Porn in Oklahoma Read Post »
A person can prove they were not drunk, for example, if they were very tired or have a neurological condition that makes them appear drunk.
If the recipient fails to cease and desist, the letter can be used to strengthen a criminal referral or a civil lawsuit.
Using Cease & Desist Letters to Quiet Noisy Neighbors in Oklahoma Read Post »
If a minor sends sexual images of themselves, it may be considered manufacturing and distributing child pornography, which is a crime.
Can Your Child Be Charged for “Sexting” in Oklahoma? Read Post »
An Allen Hearing is a court proceeding that is held in criminal cases to ensure that the prosecution has turned over all relevant evidence.
If you are dealing with a landlord-tenant dispute, you may consider a cease and desist letter, but it’s best to consult with an attorney.
Using Cease and Desist Letters to Enforce Landlord Obligations in Oklahoma Read Post »
They do not have the authority defined under the law, but they can be useful in resolving legal situations and avoiding litigation.
Do Cease & Desist Letters Have Any Authority in Oklahoma? Read Post »
It is important to be mindful of how much alcohol you serve your guests and to take steps to prevent them from becoming dangerously impaired.
Am I Liable for Anything My Guests Do While Driving Home from My Party in Oklahoma? Read Post »
There is no set list of types of cease and desist letters but some common examples are IP infringement, debt collection, libel/slander, etc.
What Are the Types of Cease and Desist Letters in Oklahoma? Read Post »
A cease and desist letter is a letter sent by a lawyer or law firm to inform someone that their actions are illegal and must stop immediately.
It’s not common for defense attorneys to charge the state for discovery in, but it is possible based on the language in the Discovery Code.
Why Don’t Oklahoma Defense Attorneys Charge Prosecutors for Discovery? Read Post »
