What is an Affirmative Defense in Oklahoma Criminal Cases?

An affirmative defense is a legal strategy used in criminal cases where the defendant acknowledges the facts of the case but provides additional evidence or arguments that, if proven, can negate or mitigate legal liability. In Oklahoma, as in other jurisdictions, affirmative defenses can play a crucial role in the outcome of a criminal case. Definition of Affirmative Defense An affirmative defense is a defense strategy where the defendant introduces new facts or arguments that, if proven, can lead to a reduction or elimination of criminal liability…. Read More

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Possession of an Open Container In Oklahoma

In March of 2019, Owasso police arrested two men in their twenties for reckless driving and other traffic offenses, including possession of an open container. The men were driving at high speeds during rush hour when they made an attempt to take an off ramp at Hwy. 169 and 96th St. North. Their vehicle flipped off of the ramp and rolled into a drainage ditch. Naturally, possible jail time and fines are likely in this situation. But how much of the punishment is a result of the… Read More

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What Is The Discovery Process In A Criminal Case in Oklahoma?

In Oklahoma, the discovery process in a criminal case is a big step for anyone involved in such legal matters. This process, which is governed by Oklahoma Criminal Discovery Code, is designed to ensure fairness and transparency in the judicial system. Understanding this process is important, especially if you are seeking legal representation or are involved in a criminal case. What Is Discovery? Basically, the Discovery Process In A Criminal Cased is the pre-trial phase in a criminal defense case where the prosecution and the defense exchange… Read More

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What is the Minimum Sentence for Fentanyl Trafficking in Oklahoma?

Fentanyl trafficking in Oklahoma is getting worse each day as people become addicted to it. The drug is one of the most dangerous and potent synthetic opioids, and its illegal distribution is a significant concern in Oklahoma. Trafficking fentanyl is a severe offense, and those facing conviction are looking at harsh penalties under Oklahoma law. Understanding the minimum sentence for fentanyl trafficking in the state is crucial for individuals facing such charges or for anyone seeking to understand Oklahoma’s stringent drug laws. Definition of Fentanyl Trafficking in… Read More

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Explaining The Steps In The Criminal Appeal Process in Oklahoma?

The Steps In The Criminal Appeal are important to know if there has been an error in a case. If you or someone you know has a conviction from a crime in Oklahoma, you may be considering an appeal. There are several instances that constitute a need for a criminal appeal. Understanding the criminal appeals process in Oklahoma can help you see what steps need to happen when one of these instance happen to you. Below, we will talk about the stages and what to expect along… Read More

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What Are A Persons Rights If Arrested and Questioned in Tulsa Oklahoma?

The law protects your Rights If Arrested in Oklahoma. When you’re arrested in Oklahoma, you have specific rights that protect you from the moment of your arrest through your questioning by the police. These rights are in place to ensure fair treatment under the law and to preserve your ability to defend yourself if charged with a crime. The rights are invoked regardless of if you are arrested for a misdemeanor or a felony. Right to Remain Silent First, you have the right to remain silent. This… Read More

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Would My Drug Charges Trigger an ISP to be Ordered by DHS?

Drug charges triggering an ISP is a very real possibility. In Oklahoma, being charged with a drug-related offense may lead to involvement with the Oklahoma Department of Human Services, especially if children are involved. DHS may intervene to assess the safety of your children and, in some cases, require you to comply with an Individualized Service Plan. Here’s what you need to know about how drug charges can trigger an ISP and what it means for you and your family. What Is an ISP? An Individualized Service… Read More

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Convictions For Domestic Violence And Immigration Status in Oklahoma

Convictions for Domestic Violence And place Immigration status in serious peril . As an immigrant in Oklahoma, facing criminal charges can be a daunting experience, especially when charged with domestic violence. It’s not just the criminal case you have to worry about; your immigration status is also at stake. This post covers the connection between criminal charges and immigration status and how an individual can defend against charges. Deportation Due To Domestic Violence Charges for Domestic violence and your immigration status (e.g., assault and battery of a… Read More

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What Is Health Care Fraud and What Are Some Penalties in Oklahoma

Health care fraud in Oklahoma involves intentionally deceiving or misrepresenting information to receive benefits or payments you’re not entitled to. This can include a variety of actions such as making false claims, misrepresenting services, or charging more than what is allowed. The consequences are serious and can include both criminal and civil penalties. Here’s more on some important Oklahoma health care fraud laws, including defenses that might apply and why you should consult with a lawyer if criminally charged. What Constitutes Health Care Fraud? Under Oklahoma Statutes… Read More

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What is The Felony Murder Rule and How Does It Apply in Oklahoma?

The felony murder rule is a legal doctrine that imposes criminal liability for a death that occurs during the commission of certain felonies, even if the defendant did not directly cause the death. In Oklahoma, this rule deters dangerous felonies by holding individuals accountable for unintended consequences. However, its broad application can lead to complex legal cases. Understanding the Felony Murder Rule For the felony murder rule to apply, the prosecution must prove that the death was directly related to the commission of the felony. The death… Read More

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