How is Sentencing for a Criminal Offense Decided?
In Oklahoma, you can be in municipal court, you could be in tribal court, you could be in county court, you could be in federal court.
How is Sentencing for a Criminal Offense Decided? Read Post »
How Do I Find Out If There Is a Warrant for My Arrest?
First off, in Oklahoma, we do have relatively open and publicly available court records on oscn.net and odcr.com.
How Do I Find Out If There Is a Warrant for My Arrest? Read Post »
Does Custody Always Go to Just One Parent in Oklahoma?
The answer is no, it’s quite common to have joint custody. There’s a lot of different ways that joint custody can be done.
Does Custody Always Go to Just One Parent in Oklahoma? Read Post »
Are You Required to Go to Court if You Breach a Contract?
The answer generally is you’re not required if you can reach an agreement otherwise, but you could be required.
Are You Required to Go to Court if You Breach a Contract? Read Post »
What is the Difference Between a Direct Appeal & a Post-Conviction Relief Appeal in Oklahoma?
If you are convicted, you have one appeal of right, meaning that you cannot be denied an opportunity to have an appeal.
What is the Difference Between a Direct Appeal & a Post-Conviction Relief Appeal in Oklahoma? Read Post »
Who Pays Attorney Fees for a Breach of Contract?
As far as attorneys’ fees go, the United States has what’s called the American rule as opposed to the English rule.
Who Pays Attorney Fees for a Breach of Contract? Read Post »
Romeo & Juliet Defense: OCCA Say Burden's on the Defendant
Oklahoma law has a Romeo and Juliet provision, which specifically provides that for those that are under the age of 18, it is not statutory rape if both parties are under the age of 18.
Romeo & Juliet Defense: OCCA Say Burden's on the Defendant Read Post »
How Is Murder Two Defined in Oklahoma?
The thing to understand and this is kind of the point with murder two. You don’t have to intend to kill, to get charged with murder.
Defense in Bosse Requests Stay in OCCA Pending Wallace Appeal to US Supreme Court
Oklahoma Court of Criminal Appeals granted a partial stay to give enough time for the state to request a stay from the US Supreme Court.
Defense in Bosse Requests Stay in OCCA Pending Wallace Appeal to US Supreme Court Read Post »
Wallace Motion for Rehearing & Motion to Stay Denied by OCCA
McGirt attorney James Wirth has a major update for you regarding the Wallace case here in the state of Oklahoma.
Wallace Motion for Rehearing & Motion to Stay Denied by OCCA Read Post »
Bosse SCOTUS Appeal to be Dismissed!
OK Court of Criminal Appeals decided that McGirt does have a retroactive effect as it is ultimately an issue of subject matter jurisdiction.
What Is Murder in the First Degree in Oklahoma?
Murder One is the most serious crime you can commit in Oklahoma and it comes with rather stiff penalties.
Bosse Order Vacated & Withdrawn from Publication by OCCA
I would predict based on that since Wallace came out, the state’s appeal to the United States Supreme Court in Bosse is going to be withdrawn.
Bosse Order Vacated & Withdrawn from Publication by OCCA Read Post »
Re-Prosecution in Federal or Tribal Court after McGirt Dismissal Doesn't Violate Double Jeopardy
Double Jeopardy provides that, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.
Re-Prosecution in Federal or Tribal Court after McGirt Dismissal Doesn't Violate Double Jeopardy Read Post »
How Do I Know What the State is Required to Prove in My Criminal Case?
There is a simple resource that anybody can use to find out the general information, that resource is the Oklahoma Uniform Jury Instructions.
How Do I Know What the State is Required to Prove in My Criminal Case? Read Post »
Do You Need an Attorney for a Child Neglect Case in Oklahoma?
If you’re close to somebody alleging that you are being neglectful of your child, you’re definitely going to want to have an attorney.
Do You Need an Attorney for a Child Neglect Case in Oklahoma? Read Post »
What is Considered Child Neglect in Oklahoma?
Unfortunately, the child neglect statutes are incredibly broad. In fact, I would find them to be unconstitutionally broad.
Can You Get Traffic Tickets Expunged in Oklahoma?
In the state of Oklahoma, the answer is yes and no and it depends on what your goals are and what you’re trying to do.
Can You Get Traffic Tickets Expunged in Oklahoma? Read Post »
How Do I Check the Status of My Expungement in Oklahoma?
First off, if you’re filing for an expungement, you have representation, obviously, contact your attorney.
How Do I Check the Status of My Expungement in Oklahoma? Read Post »
Where to Go to Get a Record Expunged?
In Tulsa County, we’ve got a municipal court, but if we want to expunge something from Tulsa municipal court, We take it to the county.
What Crimes Can Be Expunged in Oklahoma?
Any crime is potentially eligible for expungement. There is no crime where it’s set out that it can never be expunged off of your record.
