Miranda Rights in Oklahoma And When Police Have To Read Them To You

Miranda Rights in Oklahoma

In Oklahoma, understanding your Miranda rights in Oklahoma is not just about knowing the lines often recited in crime dramas; it’s about making the most of the protections afforded to you under the Constitution. These rights play an important role in ensuring your freedoms and rights are preserved during certain encounters with law enforcement. What Are Miranda Rights? Miranda rights in Oklahoma, named after Miranda v. Arizona (a U.S. Supreme Court case), are read to individuals taken into police custody. They inform you of your rights during… Read More

What is The Penalty For First Offense DUI in Oklahoma

First Offense DUI

A first offense DUI (Driving Under the Influence) in Oklahoma is a serious charge that carries significant penalties. A DUI is a serious offense in Oklahoma, and the penalties become increasingly severe with each subsequent conviction due to the nature of the crime. Understanding the severity of the penalty for a first offense DUI is crucial for anyone facing this charge. Legal Definition of DUI in Oklahoma In Oklahoma, a person can be charged with DUI if they operate a motor vehicle with a blood alcohol concentration… Read More

What Are The Different Drug Schedules in Oklahoma

Drug Charges Triggering an ISP

There are 5 different drug schedules in Oklahoma. A drugs classification is based on potential for abuse, accepted medical use, and safety under medical supervision. These schedules are outlined in the Oklahoma Uniform Controlled Dangerous Substances Act, which mirrors the federal Controlled Substances Act. Understanding these schedules is crucial for recognizing the legal implications of drug possession, use, distribution, and manufacturing. Schedule I Drugs Schedule I drugs come with a high potential for abuse, have no currently accepted medical use in treatment in the United States, and… Read More

Can Police Use A Drug Dog Without A Warrant In Tulsa?

Drug Dog Without A Warrant

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 Mandatory Minimum Sentence In Oklahoma?

Mandatory minimum sentence

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

What Are Charges For Illegally Transporting Marijuana Between Facilities in Oklahoma?

Illegally Transporting Marijuana

Illegally transporting marijuana is a crime. Oklahoma has specific laws regulating the transportation of marijuana, even between licensed facilities. Violating these laws can result in significant legal consequences, including criminal charges. Here, we’ll cover some of the potential charges you could face for improperly transporting marijuana between facilities in Oklahoma. OMMA Legal Requirements for Transporting Marijuana Only licensed transporters or employees of licensed medical marijuana businesses are able to transport marijuana between licensed facilities in Oklahoma, such as growers, processors, and dispensaries. Proper documentation, including a transport… Read More

What is the Defense of Entrapment in an Oklahoma Criminal Case?

Limitations of Pleading No Contest

Entrapment is a defense in criminal cases where the defendant claims they were induced or coerced by law enforcement agents to commit a crime they would not have otherwise committed. In Oklahoma, the entrapment defense requires a thorough understanding of the law and the circumstances surrounding the case. Definition of Entrapment Entrapment occurs when law enforcement persuades, induces, or coerces an individual to commit a criminal act that they would not have otherwise. Its found most in felony cases involving harsh sentencing. The key elements of entrapment… Read More

Is There a Difference Between DUI and DWI in Oklahoma

Difference Between DUI and DWI

In Oklahoma, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably, but there are differences between the two that are important to understand. When you’re facing charges, understanding the exact meaning of them is key. While similar, each comes with its own stipulations and its own consequences. DUI vs. DWI: Definitions and Key Differences While they cover similar offenses, the true definition and scope for a DUI and a DWI are different. DUI (Driving Under the Influence): DWI (Driving While… Read More

What Are The Differences In Federal and State Crimes And Court Procedures in Oklahoma?

Post-Conviction Relief

Differences In Federal and State Crimes are stark and possess procedures that are unlike each others system. This difference has become more important in Northeast Oklahoma since the advent of the McGirt decision. While McGirt restored sovereignty to the five civilized tribes it simultaneously expanded Federal criminal authority while it limited Oklahoma criminal jurisdiction. As a result the federal system has expanded in the State when a tribal citizen is accused of a crime on tribal land. When you face legal trouble in Oklahoma, understanding the differences… Read More

What Is Aggravated Drug Trafficking in Oklahoma

Aggravated Drug Trafficking

In Oklahoma aggravated drug trafficking is a crime that carries serious jail time. Like many other crimes this crime is based on a lesser crime that the State enhances because of additional aggravating facts and circumstances about the case. Aggravated drug trafficking enhances simple drug trafficking and in doing so increases the potential punishment the State can impose on you if convicted. Aggravated Drug Trafficking In Oklahoma, aggravated drug trafficking refers to the illegal distribution, sale, transportation, or possession of controlled substances in quantities or under circumstances… Read More