Tahlequah Lawyer Blog
Defining Assault And Battery On A Police Officer In Oklahoma
We live in a time of increasing confrontation. When that confrontation includes the police, emotions can run high and things can escalate quickly into a physical confrontation. That physical confrontation can include assault and battery on a police officer in Oklahoma. If you are facing charges in Tahlequah, here are some things that you may […] Read more »What Is The First Step In An Oklahoma Criminal Case?
So the first thing that's important when you come to talk to an attorney, come to talk to us about your case, is to let us know if you were arrested or not arrested. So in the criminal system, if you are accused of a crime and law enforcement, if it's a misdemeanor and they see it committed in their presence, or there's a couple of exceptions to that; domestic violence being one, they don't have to see it in their presence, just see injuries from it, and it has to be within so many hours. If that's the situation, then you might be arrested right there. If it's a felony that you're going to be charged with, and law enforcement believe they have what you call probable cause, that is just a fancy way of saying they think you did it, then they can arrest you for a felony, even if they don't see it happen in front of them, or if they don't walk up into it. So that kind of gives you a split where law enforcement can arrest you for those misdemeanors or felonies, or they can do a police report, send it to the district attorney's office, and then ask for a warrant to be signed by the judge for your arrest. Read more »
How Serious Is Rape By Instrumentation In Oklahoma?
Rape is a crime of violence. Rape by instrumentation is a specific type of rape, though not commonly discussed. Here is what you need to know about rape by instrumentation in Oklahoma and how it is handled. Rape Defined Rape is legally defined as an act of non-consensual sexual intercourse involving the vaginal or anal […] Read more »Pro Se Chronicles
We can do a consultation, talk to you about your options, hopefully help you and maybe even get your plea offer reduced, get a different charge as a reduced charge, maybe even get it dismissed. But we will be able to help you a lot more than you going in with a book you read last night on what it means to be a lawyer. Read more »How McGirt Could Impact Your Case
Here are certain types of crimes that can only be charged federally or through a tribe if the defendant is a Native American member or if the victim is a Native American member. There's a list of them. I had to write them down, so let me read through them. If either the victim of the crime or the accused perpetrator of it is on a crime for murder, manslaughter, kidnapping, rape, child sexual abuse, incest, assault against a child under the age of 16. Child abuse may mean child neglect, assault and battery, arson, burglary, robbery, larceny over a thousand dollars, domestic assault and battery by strangulation or assault and battery with serious bodily injury. Read more »
What Can Happen If You Represent Yourself In Court?
When most of us think about court, we think about attorney on this side and attorney on this side, battling it out, but you actually have a right to represent yourself in court. If you can represent yourself, why would you ever pay for an attorney? Well, if you represent yourself, you're held to the same standard, the same ethical standard, the same knowledge standard, the same procedural standards as an attorney. But what I mean by that is, as an attorney I have three years of law school, I had to pass an examination. I personally have seven years of experience working with the prosecution office, and now I work for the defense side. So I have a little bit of knowledge that most people normally wouldn't have based on objections, rules of evidence, things of that nature. What can happen if you represent yourself? Read more »
Can You Possess A Firearm If You're Under A Felony Deferment?
If you're on a two year deferment for a DUI and there's a gun in the car and you're aware of it, then you can be hit with felon in possession of firearm or person on felony probation in possession of firearm or riding in a vehicle or a passenger in a vehicle, operating a vehicle in which a firearm is kept, residing in a residence where a firearm is kept, and that is a much more serious offense. Not only does it look like you are a dangerous felon who has firearms, but it can be used to accelerate your probation and your deferment making you have now two felony convictions, rather than just the one they're trying to put on you or the one that was going to go away in a year or two. So what happens if you find yourself in this situation? Well, the first thing you should do is definitely not answer any questions. Evoke your right to silence Read more »
The Truth Behind Domestic Assault And Battery
Domestic assault and battery is different than a regular assault and battery in that while they have the same acts, it's one person hitting or striking, pushing, some type of contact with another person, a domestic assault and battery has another step to it, which is a relationship. You have to have some type of relationship with the person, whether that is a current or former boyfriend, girlfriend, spouse, you have a kid together, you live in the same household or used to live in the same household, these are categories that make that relationship special when it comes to the law. Read more »
Do You Have Privacy In A Cop Car In Oklahoma?
Under Oklahoma case law, you have no expectation of privacy in a cop car, which means that anything said to you or said from you can be used against you in court.Now this doesn't just include statements that you're making that may or may not be against your own interest, but also statements that any co-defendant or other party might be making in the back of the car with you trying to rope you into the charges that may or may not be coming down the line. So what is important for you to know? Number one, if you do happen to find yourself in the unfortunate situation where you are stopped and then placed in handcuffs or detained in any way inside a police car, shut up. Read more »How Serious Is Petit Larceny In Oklahoma?
Petit larceny is not a term that most of us know unless we have been knocking around the legal community. Basically, petit larceny in Oklahoma is a small theft. Petit is the word for “small” in French and larceny is a theft involving deceit or stealth. Here is what you need to know about the […] Read more »What Exactly Is Conjoint Robbery In Oklahoma?
Conjoint robbery is not a term that many are familiar with. But the crime occurs with some frequency. In order to understand conjoint robbery in Oklahoma, it is necessary to understand basic robbery and how it is handled in Tahlequah. Robbery: A Crime Against A Person Crimes are divided between crimes against people and crimes […] Read more »How Serious Is First Degree Burglary In Oklahoma?
In Oklahoma, many crimes are categorized by degree. The lower the number, the more serious the charge. First degree burglary in Oklahoma is the most serious type of burglary. If you are facing charges, it is helpful to understand how Oklahoma treats the crime. It is also important that you hire an experienced Tahlequah attorney […] Read more »What Is Second Degree Murder In Oklahoma?
Murder is one of the most serious crimes that anyone can ever face. All courts treat the taking of another life with the utmost gravity. However, there is a difference between a homicide and a murder. In essence, all murders are homicides, but not all homicides are murders. Homicide is the taking of a life. […] Read more »Examining Accessory To A Felony In Tahlequah
You have probably heard the term “accessory” or “accessory after the fact.” But like most people without a legal background, you may not know what the term means or even know that it is a crime in Oklahoma. Being an accessory or an accessory to a felony is in fact a crime, although it is […] Read more »Defining Possession Of Methamphetamine In Oklahoma
Once upon a time, Oklahoma had some of the strictest laws in the country regarding drug possession. All of that has changed regarding simple possession of methamphetamine in Oklahoma. Here is what you need to know about possession of a controlled dangerous substance in Tahlequah, Oklahoma. Possession Of A Controlled Dangerous Substance Defined In Oklahoma, […] Read more »Elements Of Robbery With A Firearm In Tahlequah
We have all seen police shows in which a perpetrator pulls out a gun, points it at a victim, and demands their money. However, seeing it on TV and understanding the crime legally are two very different things. Here is what you need to know about the crime of robbery with a firearm in Tahlequah, […] Read more »Defining Indecent Exposure In Oklahoma
We may think of indecent exposure in Oklahoma as a minor infraction usually perpetrated by someone a little off-kilter. However, if you are convicted of the crime, the consequences may be more than you bargained for. Here is what you need to know about the crime and how it is handled in a Tahlequah court. […] Read more »Contributing To The Delinquency Of A Minor In Oklahoma Is A Crime
In this society, we protect our children until they can make wise decisions about their own lives and actions. That is why contributing to the delinquency of a minor in Oklahoma is treated seriously. Although the crime involves things such as an adult buying alcohol for a teen, it encompasses much more than that. Here […] Read more »Defining Second-Degree Burglary In Oklahoma
If you or a loved one are facing charges for second-degree burglary in Tahlequah, you are going to want to know about how the crime is handled. Here is what you want to know about all types of burglary in Oklahoma. Burglary In General Burglary is a crime of stealth. It involves breaking and entering […] Read more »Charged With Reckless Driving In Tahlequah? What To Know
If you or a loved one are facing charges for reckless driving in Tahlequah, Oklahoma, you could be facing both criminal and administrative fines and penalties if convicted. Here is what you need to know about the crime and how it is handled in Tahlequah. Reckless Driving Defined In Oklahoma, reckless driving is defined as […] Read more »In Tahlequah Oklahoma Child Abuse Could Cost You
We want to protect our children. Thus, Oklahoma, like all states, has laws in place to protect children from child abuse and to prosecute suspected defendants. But unlike some crimes, Oklahoma child abuse allegations can be prevalent in a number of domestic situations between troubled spouses — especially divorcing spouses. When emotions run high, sometimes […] Read more »How A Tahlequah Expungement Attorney Can Help
When Old Convictions Get In The Way, Get Help We all make mistakes. You have served your time, paid your fines, and done everything that the court has asked of you. Now it is time to get back to your life and do some repair and rebuilding of your home and professional life. You expect […] Read more »In Tahlequah, What Is Possession Of Drug Paraphernalia?
Drugs — their possession, use, manufacturing, and distribution are strictly forbidden in Tahlequah, Oklahoma. In fact, Oklahoma has some of the harshest penalties in the land for drug offenses of any kind, including the possession of drug paraphernalia. It is common for a person to be charged both with possession of a substance and possession […] Read more »Defining Tahlequah, Oklahoma Robbery
A Tahlequah, Oklahoma robbery is defined as the wrongful taking of another’s personal property from that person’s body or from the immediate surrounding area by means of force or fear. Okla. Stat. tit. 21 § 791 It is the use of force or fear in taking something from another person’s body or immediate surrounding that […] Read more »What Is Aggravated Assault And Battery Oklahoma In Tahlequah?
In order to understand the crime of aggravated assault and battery Oklahoma in Tahlequah, we first need to understand what simple assault and battery is. Simple Assault And Battery In Oklahoma We think of assault as an attack upon another person. But it is actually something other than an attack. An assault actually occurs before […] Read more »
