Per the U.S. Constitution, protection from Fourth Amendment search or seizure is a right. In Oklahoma, as in all states, this right ensures that citizens’ privacy is safeguarded against unlawful interference by law enforcement. A search generally involves law enforcement officers looking through a person’s property, such as their home, vehicle, or personal belongings, to find evidence of illegal activity. A seizure refers to law enforcement officers taking control of property or detaining individuals. Both searches and seizures must be justified by law, typically requiring a warrant… Read More
What is a Bench Trial in Tulsa Criminal Cases?
A bench trial, also known as a non-jury trial, is a legal proceeding in which a judge, rather than a jury, determines the outcome of a case. Bench trials can occur in both criminal and civil cases. Understanding the process and implications of a bench trial is essential for anyone involved in legal proceedings. Characteristics of a Bench Trial In a bench trial, the judge acts as the sole fact-finder and decision-maker. The judge listens to the evidence, evaluates the credibility of witnesses, and applies the law… Read More
How Long Can My Jailtime Be For A Bench Warrant in Oklahoma
Many ask about the length of jailtime for a bench warrant. In Oklahoma, a bench warrant is issued when you fail to appear in court or comply with court orders. This gives law enforcement the authority to arrest you and bring you before the court. The length of jail time resulting from a bench warrant depends on the reason the warrant was issued. It also depends on the severity of the underlying offense, and whether you are charged with additional crimes. Bench Warrants for Misdemeanor Offenses If… Read More
How Do I Defend Against Prostitution Charge in Tulsa
To win and Defend against a prostitution charge in Oklahoma requires a strategic approach and a solid understanding of the law. This approach can be different depending on if the case is charges as a felony or a misdemeanor prostitution crim. Here’s a breakdown of potential defenses and important considerations: Defend Against Prostitution By Challenging The Evidence Defenses Related To Procedure: Additional Defenses To Prostitution Charges : Important Things To Think About: Specific Oklahoma Statutory References: Remember: We can help you defend against a prostitution charge… Read More
What Is An Alford Plea In a Tulsa Oklahoma Criminal Defense Case?
An Alford Plea is one of the plea options offered in Oklahoma. This allows a defendant to plead guilty while still maintaining their innocence. Named after the U.S. Supreme Court case North Carolina v. Alford, this type of plea is unique because the defendant does not explicitly admit to committing the crime but acknowledges that the prosecution has enough evidence to likely secure a conviction. How Does an Alford Plea Work? In Oklahoma, an Alford plea is considered a guilty plea for legal purposes. However, the defendant… Read More
What Are The Penalties For Soliciting Sex in Oklahoma
Understanding the penalties for soliciting sex, also known as solicitation of prostitution, is crucial when facing this type of charge in Oklahoma. Solicitation refers to the act of offering money or something of value in exchange for sexual acts. Both individuals offering to pay for sex and those offering sexual services for payment can face criminal charges. Potential Charges for Soliciting Sex In Oklahoma, the solicitation of prostitution is generally a misdemeanor for first-time offenders. However, repeat offenses or aggravated circumstances may elevate the charge to a… Read More
What is the Difference Between A No Contest and Not Guilty Plea?
A no contest plea and a not guilty plea are two common options for defendants in criminal cases. Each plea carries different legal implications and can significantly impact the case’s outcome. However, this does not mean one is necessarily better than the other by default. Understanding the differences between these two pleas helps defendants make informed decisions during the legal process. No Contest (Nolo Contendere) Plea When defendants plead no contest, they do not admit guilt but also do not contest the charges. Essentially, they accept the… Read More
Can Police Use A Drug Dog Without A Warrant In Tulsa?
Whether or not police can use a drug dog without a warrant is a common question in criminal investigations. In Oklahoma and across the United States, law enforcement commonly uses drug-sniffing dogs. However, their legality depends on several factors, including the location of the search, whether police have reasonable suspicion, and whether the individual has a legitimate expectation of privacy in the area searched. Public Spaces and Traffic Stops One of the most common scenarios involving the use of drug dogs without a warrant is during traffic… Read More
What is a Preliminary Hearing and When is it Used in Oklahoma?
A preliminary hearing is a critical stage in the criminal justice process in Oklahoma. It is a procedural step that occurs before a criminal trial and serves to determine whether there is enough evidence to proceed with a prosecution. What is a Preliminary Hearing? A preliminary hearing is a court proceeding where the prosecution presents evidence to establish that there is probable cause to believe that the defendant committed the alleged crime. It is not a trial and does not determine the defendant’s guilt or innocence. Instead,… Read More
What Is A Mandatory Minimum Sentence In Oklahoma?
A mandatory minimum sentence is a legally prescribed minimum amount of time that a person must serve after being convicted of a specific crime. These laws ensure that certain offenses receive consistent and severe punishment, regardless of the individual case’s circumstances. Judges have limited discretion in sentencing, as they must impose at least the minimum sentence specified by statutes. Purpose of Mandatory Minimum Sentences The primary goal of mandatory minimum sentencing laws is to create uniformity in sentencing and to deter serious criminal behavior. By setting fixed… Read More