Oklahoma Criminal Defense

Wed, 11/08/2017 - 2:50pm
Civil Forfeiture

Civil forfeiture is legal remedy that the State seeks against "guilty" property.  That is, if the property has been involved in a crime it can generally be seized by the State and used for the State's purposes thereafter.  They can seize drugs, money, weapons, vehicles, real estate, really the list is limitless.  You can find the list in Title 63 of the Oklahoma Statues at Section 2-503.

Mon, 11/06/2017 - 10:45am
Police Search

Can the police search you, your car, or your premises?  It depends.

One thing it depends on is if you consent.  The US Supreme Court has instructed us that a consentual search is always legal.  So lesson number one, if the police ask to search you, under no circumstances should you say yes.

Another thing it depends on is if they have probable cause to arrest you.  If they do, then a search is allowed as being incident to arrest.  Whatever they find can be used against you.

Fri, 11/03/2017 - 12:00am
Prison Bars

I was reading this morning that as of November 1, 2017 the maximum amount assessed for a presentence investigation had risen from $250 to $500.  That's not good because rarely have I ever seen the amount be set at anything less than $250.  Consequently, I assume that Presentence Investigation fees will almost always be set at $500.

Tue, 10/24/2017 - 12:00am
Cops

What is a pretextual traffic stop?

Fri, 10/20/2017 - 10:41am
Prison

So how does incarceration for crimes in Oklahoma work? I will lay it out in a nutshell:

(1) You can be convicted and go to prison or jail for a period of time set by the Court;

(2) You can be convicted and be sentenced to prison or jail for a period of time some or all of which is set aside by the Court, and;

(3) The Court can decide not to judge you yet.

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