FAQ

Nothing will happen to your physical license. At one point in time, officers would confiscate the license upon a DUI arrest, but that is no longer the law in Oklahoma. However, your driving privileges could be revoked administratively under Oklahoma’s Implied Consent laws, or if you receive a DUI or APC conviction in your criminal case.

What actually takes place is, Service Oklahoma gets essentially two opportunities to revoke your license. They can either take a license through a criminal conviction on the criminal side, and we stress the word conviction because often times somebody in their criminal case can get a deferred sentence, which is not considered a conviction, and so they don’t get revoked on the criminal side. But if somebody does get a conviction, Service Oklahoma will take their license as a result of the conviction.

The other way is that they can take it through an administrative revocation. When the person’s arrested, the police officer will send in the arrest paperwork and Service Oklahoma can take your driving privileges away through the administrative side. But they can’t do it through both. So, meaning if you get a criminal conviction, they can’t revoke you criminally and also administratively. It’s just one or the other. So it’s possible to have somebody found not guilty or they get a deferred on the criminal side and Service Oklahoma end up revoking them through the administrative side, and vice versa.

Let’s say somebody ends up winning an administrative revocation for whatever reason, and then they end up getting a conviction on the criminal side. Service Oklahoma will revoke their driving privilege because of the criminal conviction. So, long and short of it, they can get you two ways, but they can’t get you for both—just one or the other.

Well, actually if a person is underage and they get a DUI, they are not treated any differently than if they were an adult. If Service Oklahoma receives a conviction out of the criminal court system for DUI, they will be treated just like an adult. If they have a first-time revocation, then they’ll serve the six-month revocation; if it’s a second time, a one-year, and so forth. The law doesn’t make any distinction regarding the age when they get a conviction out of the criminal courts.

There is one important distinction though. A person under 21 has a lower breath alcohol level threshold than those over 21. The legal limit for a person under 21 is .02 BAC. If they are .02 BAC or higher, they will face the same license consequences as a person over 21 that has a BAC of .08 or higher.

When a Petition is filed to challenge the revocation action by Service Oklahoma, the District Court will set that matter for a hearing. At the hearing Service Oklahoma will appoint one of their attorneys to present their case to Court. Service Oklahoma will request any witnesses to appear and testify at the hearing. Service Oklahoma bears the burden of proof in these cases. This will also be our opportunity to cross examine the officer, challenge the evidence presented by the Service Oklahoma witnesses and present our evidence to the Court.

At the conclusion of the hearing, the Court will determine whether Service Oklahoma met their burden or not. If the Court finds that Service Oklahoma met its burden, then the Court will enter an order revoking the driving privileges and you will have to enroll in the IDAP program. If the Court finds that Service Oklahoma did not meet its burden, then the Court will enter order setting aside the revocation. This means that unless you take a conviction on the criminal side or the criminal judge orders an interlock, you will not have a license loss nor will you be required to install an ignition interlock device on your vehicle.

At one time Oklahoma used to have restricted or modified licenses. Under current Oklahoma law, if your driving privileges are revoked due to a DUI arrest then you will be required to enroll in the IDAP Program unless you successfully challenge the license revocation. This program requires the installation of an ignition interlock device in any vehicle that you drive during the revocation period. However, it allows for driving anytime and any place.

Oklahoma Statute Title 47 Section 754 outlines the elements required to take action for revocation. The elements the Court will look at is (1) whether or not the officer had probable cause to believe that the person was driving under the influence of alcohol or other intoxicants upon the public roads, highways, streets, turnpikes or other public place , (2) was the person arrested,

(3) whether that was a breath test or a blood test, and if they took the test, did they test over the legal limit—for under 21 it’s .02 or higher, for over 21 it’s .08 or higher—and did they take a test and the test results actually reflect that they were over the legal limit, or that the person refused to take the test, and (4) was that person advised of the consequences of taking a test or not taking the test, that they would lose their driving privilege in the state of Oklahoma.

The standard of proof on this is actually very low. It’s a preponderance of the evidence which basically means the court just has to be a little more slightly sure than not that the officers have proven each of those issues. Or a simpler way to think of it is, 51%. If they’ve proved all the issues by 51%, then the Judge will generally sustain the revocation.

There are numerous issues that can be looked at that could result in the revocation being set aside. Usually, the first thing is what brought this officer into contact with this person and was there a legal basis for it. If the officer has pulled over a car when there is not a legal reason for it, then that’s kind of a showstopper. We don’t need to pursue anything further, because the stop was illegal from the beginning. Everything after an illegal stop is a moot point.

But let’s say that the stop was legal; one of the next thing we look at is, well, was there sufficient indicia of intoxication. What was it that the officer saw that drew him or her to the conclusion that this person was under the influence, that they were so impaired that they couldn’t safely operate a motor vehicle. And if that’s not there, we raise that as an issue. This includes looking at the driver’s performance on the roadside field sobriety tests (This is why it is important to hire an attorney that has been field sobriety trained)

Then the next issue is, say they have been placed under arrest; was that person read the Oklahoma implied consent warning and advised that they would lose their driving privilege if they took the test or refused to take the test? And then if the person does take the test, there’s several issues to challenge there. Tests that are conducted in the state of Oklahoma have to be done in accordance with the Oklahoma Board of Tests rules. And if they’re not done in accordance with those rules, then that test is not considered to be a valid test, and if you don’t have a valid test, well then, they can’t sustain the revocation. HLG has been very successful in this area with our challenges resulting in over 10,000 Oklahoma drivers getting their license back. These challenges have gone all the way to the Oklahoma Supreme Court where we have successfully argued the State dod not follow the administrative rules resulting in thousands of licenses being returned.

And then the other issue is on refusal; did the person actually refuse, did they change their mind within the two-hour timeframe in which to do a test and the officer disregarded that changing of the mind and not give them the test when they should have? So there’s a multitude of different issues that we can raise in these hearings. HLG is the only firm in western Oklahoma that has a dedicated driver’s license specialist that handles nothing but license cases.

People use these words suspension and revocation interchangeably. When we’re talking about DUI, it is actually a revocation of the license, where they’re actually revoked for a set time period, versus a suspension where they’re suspended until they fix whatever the problem is that put them under suspension. So here we’re dealing with a revocation of the license.

47 O.S. 6-205.1 specifies the revocation periods. For a first-offense DUI in Oklahoma, the revocation is for a period of 180 days—essentially six months. If a person has prior revocations in the past ten (10) years it can increase the revocation period for a period of one (1) year. It here are 2 or more prior revocations within the previous ten (10) years, the revocation period is two (2) years. If you receive multiple revocation, they will be ran consecutively.

Under current Oklahoma law, if a person’s driving privileges are revoked as a result of a DUI then the person is required to enroll in the IDAP program and have an ignition interlock installed while in the program. This allows a person with a revoked license to legally drive in Oklahoma. However, if the person is not enrolled in the program and is caught driving while revoked, then it could result in a misdemeanor criminal charge of driving while revoked, and possible impoundment of the vehicle by the officer. Additionally, if convicted, it could result in an extension of the revocation period for an additional four (4) months.

Probation is a way for a person to be legally rehabilitated without going to jail.  In almost every situation, probation is a favorable outcome when compared to incarceration.

Rules of Probation

Probation relies on the person’s cooperation and willingness to limit their own behaviors in accordance with the law.

• Community service may be a required part of probation.
• Meetings with a probation officer may also be required.
• Use of illegal drugs or drinking an excessive amount of alcohol can both be violations.
• A person under probation may also be required to avoid unsavory people or certain places that they frequented prior to the arrest.

Probations can either be closely supervised or be under more general supervision to ensure good behavior. If you or someone you know is facing a criminal conviction, probation is often the most desirable outcome. A person can live a very normal life while serving out probation.

Violation of probation can often mean that the person will serve the jail time that was promised at the sentencing. Violating probation is a serious offense and can have huge legal repercussions.

At the Hunsucker Legal Group, we work with our clients to get them the best possible outcome for their case. Furthermore, we understand how to defend probation violations, which can be just as serious in its implications on a person’s life as the initial conviction.

Contact us today to learn what we can do for you.

Our legal system is built on truth and justice, but sometimes the truth can be muddled and mistakes can be made. Unfortunately, many people are wrongfully accused of various things every day. It is important to understand how to handle this scenario in case it happens to you or a loved one.

• Remain silent and politely ask to contact a lawyer. The legal system protects your right to remain silent. Talking to the police without legal counsel may seem to be the quickest way out of the situation, but in reality it is safer and easier to only answer questions in the presence of a lawyer.
• Refuse all searches and testing. Again, when you know your own innocence it seems to be easier to simply allow the police to search whatever they want. But doing so takes the situation out of you control, and you never know what the police will find upon searching. It is wiser to only allow these searches when the court orders them.
• Gather information to prove your innocence. This is a step that is vital in this process. Evidence that can potentially prove your innocence is the most valuable thing that you can possess, and it must be properly handled and presented by legal professionals.
• Don’t take matters into your own hands. This is especially true when it comes to talking to the victim or witnesses. While you may think that you can put the matter to rest with a quick conversation, you will likely only succeed in complicating the situation, and you can even be accused of intimidating a witness.

Overall, remaining calm and respectful while awaiting legal help is the key to navigating the situation.

While being falsely accused of a crime is a terrifying experience, it is made considerably easier by a legal professional. The Hunsucker Legal Group fights to ensure that our clients’ rights and dignity are upheld. If you or someone you know are currently in legal trouble, contact us today to get immediate advice and help.

Evidence is the basis of the legal system. For a person to be convicted of a crime, it must be proven that they committed it. Evidence is the information that is used to prove innocence or guilt.

Types of Evidence

All evidence is classified as either circumstantial or direct. Circumstantial evidence is evidence that requires an inference or conclusion to prove a fact. Direct evidence proves the information directly, with no thought process required to understand it.

• Admissible evidence is evidence that is relevant, material, and competent.
  • Essentially, that means that the evidence must reliably demonstrate something that is important to the core of the case. Evidence that is more prejudicial than probative may be excluded.
• Hearsay evidence is a witness repeating a third party’s statements.
  • This is often inadmissible, but can factor into cases in a variety of strange situations. There are certain exceptions to the hearsay rule, but generally hearsay is inadmissible.
• Character evidence is evidence that is used to demonstrate something about the defendant, though the specifics of the testimony have no strong bearing on the case.
  • This is not usually admissible as evidence to help prove innocence or guilt, but it can be used to help determine an appropriate sentence. Character evidence can be introduced if the Accused takes the stand and testifies on the his or her own behalf
• Scientific and forensic evidence is a wide variety of evidence that relies on scientific basis to have meaning in a case.
  • While things like DNA testing and fingerprints are relatively well known, at times, less established kinds of evidence might need scientific support from experts to be accepted by the courts and by the jury.

Suppression is Evidence of Good Legal Help

Evidence is one of the most important parts of the trial process. In many cases, experienced Oklahoma criminal defense attorneys can win or lose a case by getting evidence thrown out before it appears in court. By finding ways to suppress evidence, whether it is suppressed due to the way it was obtained or because it is tainted evidence, a defense attorney can find ways to turn the case in favor of their client. At the Hunsucker Legal Group, our job is to get results for our clients and we understand how to work with evidence to get the results that our clients need.

Probation is a way for a person to be legally rehabilitated without going to jail.  In almost every situation, probation is a favorable outcome when compared to incarceration.

Rules of Probation

Probation relies on the person’s cooperation and willingness to limit their own behaviors in accordance with the law.

• Community service may be a required part of probation.
• Meetings with a probation officer may also be required.
• Use of illegal drugs or drinking an excessive amount of alcohol can both be violations.
• A person under probation may also be required to avoid unsavory people or certain places that they frequented prior to the arrest.

Probations can either be closely supervised or be under more general supervision to ensure good behavior. If you or someone you know is facing a criminal conviction, probation is often the most desirable outcome. A person can live a very normal life while serving out probation.

Violation of probation can often mean that the person will serve the jail time that was promised at the sentencing. Violating probation is a serious offense and can have huge legal repercussions.

At the Hunsucker Legal Group, we work with our clients to get them the best possible outcome for their case. Furthermore, we understand how to defend probation violations, which can be just as serious in its implications on a person’s life as the initial conviction.

The state of Oklahoma imposes serious consequences against those who fail to appear in court when called. While these consequences are largely impacted by the specifics of the individual circumstance – the type of hearing, the nature of the case, the disposition of the judge, etc. – there are two that nearly always occur.

The first is that a warrant will be issued for your arrest. Issued by the judge, this bench warrant authorizes law enforcement to locate you, apprehend you, and bring you before the court. Law enforcement will occasionally conduct what are called warrant sweeps, arriving at your home or place or business to place you under arrest beneath the watching eyes of friends, colleagues, employees, or family.

The second is that your defense against the charges in question will be severely impacted by your inability to appear. In some cases the court may proceed without you, keeping you from presenting important testimony.

How Will I Know When to Arrive in Court?

When there are specific criminal charges against you, the court or the law enforcement agency leading the prosecution will issue what is known as a criminal summons. This legal document outlines the specific charges against you while providing you with the time, date, and place of your assigned court date, arraignment, or hearing. Failure to heed this summons can lead to the issuance of a warrant and additional charges.

Is Failure to Appear in Court Considered a Separate Criminal Offense?

Yes. Failure to appear is generally charged as a misdemeanor, with a fine of up to $5,000 and a prison sentence of up to two years. In cases where the defendant has a criminal history or the original charge was serious, it can be charged as a felony.

Apart from the separate offense, failure to appear can result in forfeiture or an increased dollar amount for bond, and in some cases suspension of your driver’s license.

What are Some Reasons for Failing to Appear?

The court will rarely accept excuses for failing to appear at assigned court dates, but some explanations can lend some credibility to your reasoning for missing your court date. Some of these include:

Clerical Errors: The court system makes mistakes just like anyone else, and on occasion, the wrong date or time could be inserted into your summons. Sometimes a summons is even sent to the wrong address.
Ignorance: It could be that you weren’t properly notified or never received the summons, and as a result were genuinely unaware, through no fault of your own, that you had failed to appear.

Ignorance: It could be that you weren’t properly notified or never received the summons, and as a result were genuinely unaware, through no fault of your own, that you had failed to appear.

Extenuating Circumstances: Emergencies often arise unexpectedly, keeping you from appearing as summoned. Perhaps you fell grievously ill or were incapacitated through injury, or had to care for a child or a family member.

Again, the individual circumstances of your case will determine whether any of these excuses are deemed acceptable.

Could I Be Charged With Contempt of Court for Failing to Appear?

Quite possibly. If the judge has reason to believe that your failure to appear was intentional, undertaken as an act of deliberate disobedience or dismissive disregard, they have legal authorization to charge you with contempt of court.

How Can I Check if a Bench Warrant Has Been Issued?

Generally, checking for outstanding warrants against you involves calling or appearing before law enforcement to ask in person. As this makes it much easier for you to be arrested, it’s generally a better idea to allow an attorney to check on your behalf. Acting as an intermediary, The Hunsucker Law Group can check for outstanding warrants on your behalf, protecting you from possible arrest, acquiring information about the case against you, and occasionally presenting evidence that disproves the charges against you.

If you think a warrant has been issued for your arrest, don’t go it alone. Contact the Hunsucker Legal Group to begin protecting your rights today. Together, we can potentially clear up any outstanding warrants, help reduce charges against you, and possibly see your case dismissed. Contact us today to schedule a free, no-obligation consultation.

Most people are familiar with the terms “bail” and “bond” and have probably seen advertisements for bail-bondsmen in their area. But what do these words actually mean, and what does a bail-bondsman actually do?

Bail vs. Bond

Bail is the court’s way of ensuring that you will show up for your scheduled court date following an arrest. Bail is a sum of money that you must give the court in exchange for being released from jail and as a guarantee that you will come back to appear in court. As long as you return to court for your scheduled appearances, you will receive the bail amount back.

Bond typically includes bail as well as a set of conditions that you must abide by in order to remain out of jail for the duration of your case. For example, if you are charged with DUI, one of your bond conditions may be that you must refrain from alcohol and/or drug use, and you may be ordered to submit to alcohol and drug testing to ensure your sobriety. If you fail one of these tests, you will be considered in violation of your bond and could be sent back to jail.

Bail-Bondsmen

If you cannot afford to post the full amount of your bail, you may call a bail-bondsman to post the bail for you. Typically, the bail-bondsman charges a percentage of the bond (usually 10-15%) as the fee for his or her services.

Bail and Bond Hearings

The amount of your bail and any bond conditions will be determined at a bail or bond hearing. In order to ensure that your bail amount and bond conditions are fair and appropriate, it is a good idea to have legal representation on your side at the hearing. The United States Constitution mandates that bail must be set at a reasonable amount, but each case is different. Generally, the bail and bond will be determined based on several factors, including:

• Your previous criminal history
• Your mental health
• Whether you have a history of violence or alcohol/substance abuse
• The severity of the crime you have been charged with

In Oklahoma, a criminal conviction usually involves probation and/or parole. This allows the convicted person to finish part of their sentence outside of prison. Good behavior in prison may result in parole.

What Is Involved With Probation and Parole?

Parole and probation are all about close supervision. You will have specific appointments with a parole or probation officer and you will have strict behavior guidelines to follow. Failure to comply means going back to jail. These processes help you work in society in a useful way while getting strong support to ensure you don’t commit another crime. Probation can be used as an incentive to manage your behavior or the result will be going to jail for the crime you originally committed—a crime that will be dismissed if you fulfill the obligations of your probation.

If you are arrested while on parole or probation, the state may file a Motion to Revoke that will send you to jail.

Parole and Probation Requirements

Many things are asked of someone on probation or parole. Behavior must be very good—no drinking or drug use is allowed. You must report to your parole or probation officer regularly. Missing appointments will get that Motion to Revoke filed. You may be required to pay restitution or court costs. You will be told not to leave the state, and you cannot be found in possession of a firearm.

Victim Protective Orders (VPOs) and Restraining Orders

Oklahoma VPO law provides for protective orders (commonly called VPOs or restraining orders) through laws enacted via the Oklahoma Protection from Domestic Abuse Act. Protective orders (vpo) are, in large part, sought by victims of domestic abuse, stalking, harassment, and/or rape. There is a misconception that protective orders carry little legal weight and that violation of one is ok as long as there was “a good reason.” This is false, protective orders are taken very seriously and punished strictly and harshly. Under federal law, if you have had a VPO issued against you, it will affect your ability to own a firearm.

Three Types of Protective Orders

Emergency Temporary Protective Order. This is issued while the courts are closed (nights and weekends) for cases of emergencies. This type of order usually remain in effect for only 24 hours or until court re-opens.
Emergency Ex-Parte Protective Order. This is similar to an Emergency Order but remains effective until a hearing occurs.
Final Protective Order. This is issued by a Judge after a full hearing and can last for years.

Protective orders are most often issued to victims of domestic abuse, stalking, harassment, and/or rape.

• Elements of Domestic Abuse:
  • Any act of physical harm, or the threat of imminent physical harm which is committed by someone 13 years of age or older against family members, household members, or within a dating relationship
     
• Elements of Stalking:
  • Willful, malicious, and repeated following or harassment of a person in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested
  • A course of conduct composed of a series of two or more separate acts
  • Over a period of time (may be a very short time)
  • Evidencing a continuity of purpose or unconsented contact
  • Without the consent of the victim or in disregard of the expressed desire of victim that the contact be avoided or discontinued.
     
• Non-consent contact or course of conduct includes, but is not limited to:
  • Following or appearing within the sight of the victim
  • Approaching or confronting the victim
  • Appearing at the victim’s home or workplace
  • Occupying property owned or leased by the victim
  • Contacting that individual by telephone, mail, or email
     
• Elements of Harassment:
  • A course or pattern of conduct
  • By a family or household member or someone involved in a current or former dating relationship
  • Which seriously alarms or annoys the victim, and which serves no legitimate purpose.
  • That causes a reasonable person to suffer substantial emotional distress

In cases where there is violence, stalking, or harassment committed by both parties against each other, the Court may issue a mutual protective order which prevents each party from interacting with the other.

Punishment for Violating a Protective Order – Oklahoma Law

• A first-time violation of a protective order is misdemeanor punishable by a fine up to $1,000.00, imprisonment in the county jail up to 1 year, or both.
• A second violation of a protective order is a felony punishable by prison time from 1 – 3 years, or a fine $2,000 – $10,000.00, or both.
• A first-time violation of a protective order, combined with causing physical injury to the victim, is a misdemeanor punishable by 20 to 1 year in county jail and a possible fine up to $5,000.00.
• A second violation of a protective order, combined with causing physical injury to the victim, is a felony punishable by prison time from 1 – 5 years in prison, a fine of $3,000 – $10,000.00), or both.

The Court will do more than fine and imprison you for violation of a protective order. The Court will require anyone convicted of violating a protective order to undergo the treatment or counseling which it deems necessary to bring about the end of domestic abuse, stalking, or harassment against the victim. If you are ordered to participate in a domestic abuse counseling or treatment program, the Court requires a minimum of 52 weeks, completion of the program, and evaluation before and after attendance of the program to ensure comprehension of the material. Finally, should the Court see fit to do so, it can force you to wear a GPS device so that your location may be tracked at all times – and this is done at your expense.

Effects of Protective Orders

Having a final protective order filed against you is akin to taking a conviction, and it indicates that you have presented a danger to someone. This information is available to employers. Additionally, if a final protective order is granted against you, you will be forced to forfeit all your guns and ammunition to the state – regardless of the make, model, or caliber. If you need a protective order, or if one has been filed against you, seek the legal expertise of Hunsucker Legal Group immediately. Call today for your free consultation.

Oklahoma Statutes Title 22. Criminal Procedure

Section 60.1 – Definitions

As used in the Protection from Domestic Abuse Act and in the Domestic Abuse Reporting Act, Sections 40.5 through 40.7 of this title and Section 150.12B of Title 74 of the Oklahoma Statutes:

1. “Domestic abuse” means any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationship;
    
2. “Stalking” means the willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor, or minor thirteen (13) years of age or older, in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested. Stalking also means a course of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose or unconsented contact with a person that is initiated or continued without the consent of the individual or in disregard of the expressed desire of the individual that the contact be avoided or discontinued. Unconsented contact or course of conduct includes, but is not limited to:
   1. Following or appearing within the sight of that individual,
   2. Approaching or confronting that individual in a public place or on private property,
   3. Appearing at the workplace or residence of that individual,
   4. Entering onto or remaining on property owned, leased, or occupied by that individual,
   5. Contacting that individual by telephone,
   6. Sending mail or electronic communications to that individual, or
   7. Placing an object on, or delivering an object to, property owned, leased or occupied by that individual;
       
3. “Harassment” means a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person. “Harassment” shall include, but not be limited to, harassing or obscene telephone calls in violation of Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or bodily injury;
    
4. “Family or household members” means:
   1. Spouses,
   2. Ex-spouses,
   3. Present spouses of ex-spouses,
   4. Parents, including grandparents, stepparents, adoptive parents and foster parents,
   5. Children, including grandchildren, stepchildren, adopted children and foster children,
   6. Persons otherwise related by blood or marriage,
   7. Persons living in the same household or who formerly lived in the same household, and
   8. Persons who are the biological parents of the same child, regardless of their marital status, or whether they have lived together at any time. This shall include the elderly and handicapped;
   9. “Dating relationship” means a courtship or engagement relationship. For purposes of this act, a casual acquaintance or ordinary fraternization between persons in a business or social context shall not constitute a dating relationship;
   10. “Foreign protective order” means any valid order of protection issued by a court of another state or a tribal court;\Rape” means rape and rape by instrumentation in violation of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;
   11. “Victim support person” means a person affiliated with a certified domestic violence or sexual assault program, certified by the Attorney General or certified by a recognized Native American Tribe if operating mainly within tribal lands, who provides support and assistance for a person who files a petition under the Protection from Domestic Violence Act; and
   12. “Mutual protective order” means a final protective order or orders issued to both a plaintiff who has filed a petition for a protective order and a defendant included as the defendant in the plaintiff’s petition restraining the parties from committing domestic violence, stalking, harassment or rape against each other. If both parties allege domestic abuse, violence, stalking, harassment or rape against each other, the parties shall do so by separate petition pursuant to Section 60.4 of this title.

Section 60.2. Protective order–Petition–Complaint requirement for certain stalking victims–Fees

A victim of domestic abuse, a victim of stalking, a victim of harassment, a victim of rape, any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, or any minor age sixteen (16) or seventeen (17) years may seek relief under the provisions of the Protection from Domestic Abuse Act.

Section 60.6 – Violation of Protective Order – Penalty

A. Except as otherwise provided by this section, any person who:

1. Has been served with an ex parte or final protective order or foreign protective order and is in violation of such protective order, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by a term of imprisonment in the county jail of not more than one (1) year, or by both such fine and imprisonment; and

2. After a previous conviction of a violation of a protective order, is convicted of a second or subsequent offense pursuant to the provisions of this section shall, upon conviction, be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than three (3) years, or by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

B. 1. Any person who has been served with an ex parte or final protective order or foreign protective order who violates the protective order and causes physical injury or physical impairment to the plaintiff or to any other person named in said protective order shall, upon conviction, be guilty of a misdemeanor and shall be punished by a term of imprisonment in the county jail for not less than twenty (20) days nor more than one (1) year. In addition to the term of imprisonment, the person may be punished by a fine not to exceed Five Thousand Dollars ($5,000.00).

2. Any person who is convicted of a second or subsequent violation of a protective order which causes physical injury or physical impairment to a plaintiff or to any other person named in the protective order shall be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections of not less than one (1) year nor more than five (5) years, or by a fine of not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

3. In determining the term of imprisonment required by this section, the jury or sentencing judge shall consider the degree of physical injury or physical impairment to the victim.

4. The provisions of this subsection shall not affect the applicability of Sections 644, 645, 647 and 652 of Title 21 of the Oklahoma Statutes.

C. The minimum sentence of imprisonment issued pursuant to the provisions of paragraph 2 of subsection A and paragraph 1 of subsection B of this section shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation, provided the court may subject any remaining penalty under the jurisdiction of the court to the statutory provisions for suspended sentences, deferred sentences or probation.

D. In addition to any other penalty specified by this section, the court shall require a defendant to undergo the treatment or participate in the counseling services necessary to bring about the cessation of domestic abuse against the victim or to bring about the cessation of stalking or harassment of the victim. For every conviction of violation of a protective order:

1. The court shall specifically order as a condition of a suspended sentence or probation that a defendant participate in counseling or undergo treatment to bring about the cessation of domestic abuse as specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to participate in counseling or undergo treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General. If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require the defendant to attend the program for a minimum of fifty-two (52) weeks, complete the program, and be evaluated before and after attendance of the program by a program counselor or a private counselor.

b. A program for anger management, couples counseling, or family and marital counseling shall not solely qualify for the counseling or treatment requirement for domestic abuse pursuant to this subsection. The counseling may be ordered in addition to counseling specifically for the treatment of domestic abuse or per evaluation as set forth below. If, after sufficient evaluation and attendance at required counseling sessions, the domestic violence treatment program or licensed professional determines that the defendant does not evaluate as a perpetrator of domestic violence or does evaluate as a perpetrator of domestic violence and should complete other programs of treatment simultaneously or prior to domestic violence treatment, including but not limited to programs related to the mental health, apparent substance or alcohol abuse or inability or refusal to manage anger, the defendant shall be ordered to complete the counseling as per the recommendations of the domestic violence treatment program or licensed professional;

3. a. The court shall set a review hearing no more than one hundred twenty (120) days after the defendant is ordered to participate in a domestic abuse counseling program or undergo treatment for domestic abuse to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements.

b. The court shall set a second review hearing after the completion of the counseling or treatment to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements. The court may suspend sentencing of the defendant until the defendant has presented proof to the court of enrollment in a program of treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General and attendance at weekly sessions of such program. Such proof shall be presented to the court by the defendant no later than one hundred twenty (120) days after the defendant is ordered to such counseling or treatment. At such time, the court may complete sentencing, beginning the period of the sentence from the date that proof of enrollment is presented to the court, and schedule reviews as required by subparagraphs a and b of this paragraph and paragraphs 4 and 5 of this subsection. The court shall retain continuing jurisdiction over the defendant during the course of ordered counseling through the final review hearing;

4. The court may set subsequent or other review hearings as the court determines necessary to assure the defendant attends and fully complies with the provisions of this subsection and the domestic abuse counseling or treatment requirements;

5. At any review hearing, if the defendant is not satisfactorily attending individual counseling or a domestic abuse counseling or treatment program or is not in compliance with any domestic abuse counseling or treatment requirements, the court may order the defendant to further or continue counseling, treatment, or other necessary services. The court may revoke all or any part of a suspended sentence, deferred sentence, or probation pursuant to Section 991b of this title and subject the defendant to any or all remaining portions of the original sentence;

6. At the first review hearing, the court shall require the defendant to appear in court. Thereafter, for any subsequent review hearings, the court may accept a report on the progress of the defendant from individual counseling, domestic abuse counseling, or the treatment program. There shall be no requirement for the victim to attend review hearings; and

7. If funding is available, a referee may be appointed and assigned by the presiding judge of the district court to hear designated cases set for review under this subsection. Reasonable compensation for the referees shall be fixed by the presiding judge. The referee shall meet the requirements and perform all duties in the same manner and procedure as set forth in Sections 1-8-103 and 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees appointed in juvenile proceedings.

E. Ex parte and final protective orders shall include notice of these penalties.

F. When a minor child violates the provisions of any protective order, the violation shall be heard in a juvenile proceeding and the court may order the child and the parent or parents of the child to participate in family counseling services necessary to bring about the cessation of domestic abuse against the victim and may order community service hours to be performed in lieu of any fine or imprisonment authorized by this section.

G. Any district court of this state and any judge thereof shall be immune from any liability or prosecution for issuing an order that requires a defendant to:

1. Attend a treatment program for domestic abusers certified by the Attorney General;

2. Attend counseling or treatment services ordered as part of any final protective order or for any violation of a protective order; and

3. Attend, complete, and be evaluated before and after attendance by a treatment program for domestic abusers certified by the Attorney General.

H. At no time, under any proceeding, may a person protected by a protective order be held to be in violation of that protective order. Only a defendant against whom a protective order has been issued may be held to have violated the order.

In addition to any other penalty specified by this section, the court may order a defendant to use an active, real-time, twenty-four-hour Global Positioning System (GPS) monitoring device as a condition of a sentence. The court may further order the defendant to pay costs and expenses related to the GPS device and monitoring.

Oklahoma Statutes Title 22. Criminal Procedure
Section 60.9 – Warrantless Arrest – Proceedings

A. Pursuant to paragraph 7 of Section 196 of this title, a peace officer, without a warrant, shall arrest and take into custody a person if the peace officer has reasonable cause to believe that:

1. An emergency ex parte or final protective order has been issued and served upon the person, pursuant to the Protection from Domestic Abuse Act;

2. A true copy and proof of service of the order has been filed with the law enforcement agency having jurisdiction of the area in which the plaintiff or any family or household member named in the order resides or a certified copy of the order and proof of service is presented to the peace officer as provided in subsection D of this section;

3. The person named in the order has received notice of the order and has had a reasonable time to comply with such order; and

4. The person named in the order has violated the order or is then acting in violation of the order.

B. A peace officer, without a warrant, shall arrest and take into custody a person if the following conditions have been met:

1. The peace officer has reasonable cause to believe that a foreign protective order has been issued, pursuant to the law of the state or tribal court where the foreign protective order was issued;

2. A certified copy of the foreign protective order has been presented to the peace officer that appears valid on its face; and

3. The peace officer has reasonable cause to believe the person named in the order has violated the order or is then acting in violation of the order.

C. A person arrested pursuant to this section shall be brought before the court within twenty-four (24) hours after arrest to answer to a charge for violation of the order pursuant to Section 60.8 of this title, at which time the court shall do each of the following:

1. Set a time certain for a hearing on the alleged violation of the order within seventy-two (72) hours after arrest, unless extended by the court on the motion of the arrested person;

2. Set a reasonable bond pending a hearing of the alleged violation of the order; and

3. Notify the party who has procured the order and direct the party to appear at the hearing and give evidence on the charge.

The court may also consider the safety of any and all alleged victims that are subject to the protection of the order prior to the court setting a reasonable bond pending a hearing of the alleged violation of the order.

D. A copy of a protective order shall be prima facie evidence that such order is valid in this state when such documentation is presented to a law enforcement officer by the plaintiff, defendant, or another person on behalf of a person named in the order. Any law enforcement officer may rely on such evidence to make an arrest for a violation of such order, if there is reason to believe the defendant has violated or is then acting in violation of the order without justifiable excuse. When a law enforcement officer relies upon the evidence specified in this subsection, such officer and the employing agency shall be immune from liability for the arrest of the defendant if it is later proved that the evidence was false.

E. Any person who knowingly and willfully presents any false or materially altered protective order to any law enforcement officer to effect an arrest of any person shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a period not to exceed two (2) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00) and shall, in addition, be liable for any civil damages to the defendant.

A victim protective order (commonly referred to as a restraining order or VPO) is a court-ordered document that is intended to help protect victims of:

• Stalking
• Harassment
• Domestic abuse or assault

The VPO is an order against a specified person to refrain from any and all contact with the victim. This means no physical contact as well as no electronic, telephonic or written communication.

How Does the VPO Work?

In order to obtain a protective order, the victim must petition the court and a hearing must be held. In some cases, the judge may grant an ex parte order, which will remain in effect until the hearing can be scheduled. If it is an emergency situation and the court is closed, the victim may receive an emergency protective order from the police that will remain active until the court is open.

Although the VPO cannot physically protect someone from abuse or threatening behavior, it can seriously penalize the person who violates the terms of the order.

Penalties for VPO Violation

A first-offense protective order violation is considered a misdemeanor. The penalties include:

• Up to one year in jail
• Up to $1,000 fine

However, if the victim was injured as a result of the violation, you may face a minimum 20 days in jail.

A second or subsequent VPO violation is considered a felony. If convicted, you could face:

• One to three years in prison
• Fine of up to $10,000

Veterans of the armed forces who are charged with certain crimes in Oklahoma County may be eligible for assistance through the veterans diversion program. Established in 2011, the program seeks to give our nation’s veterans the help they may need in addressing underlying issues such as post-traumatic stress disorder (PTSD) and to serve as an alternative to prison.

How Do I Qualify?

If you are a veteran who is facing one or more criminal charges, you may be able to apply to the Oklahoma County Veterans Program. The selection process includes interviews and assessments with state prosecutors and public defenders as well as fellow veterans and counselors. If you are selected, you must sign a contract and agree to face prosecution of the charges if you fail out of the program.

How Does the Program Work?

Once in the program, you will report daily for behavioral health management counseling and complete any additional requirements that have been identified as part of your individual plan. This may include substance abuse treatment, support group meetings, educational or vocational courses, and random drug screenings.

If you successfully complete the program, the criminal charges will either be not filed or dismissed entirely.

The Fourth Amendment to the U.S. Constitution states that we have a right to be free from “unreasonable searches and seizures.” While this remains one of the most important and fundamental rights afforded to us as Americans, it’s important to understand that there are situations in which police officers can legally search your person or property and seize evidence or contraband.

When Is Search and Seizure Legal?

A lawful search and seizure can take place under the following scenarios:

• Search by consent: A search is lawful if a law enforcement officer asks you for permission to search your person, your vehicle or your home and you give consent.
• Search by warrant: If a law enforcement officer believes a search can be justified, he or she may prepare an affidavit stating the reasons why it should be allowed and present those reasons to a judge. If the judge agrees, a search warrant will be produced and a lawful search may be conducted of the area(s) specified in the warrant.
• The Plain View Doctrine: This doctrine states that if a law enforcement officer is in a place that he or she has a legal right to be and witnesses something illegal, that officer is legally justified in conducting a search.

Unlawful Searches and Motions to Suppress

Evidence that is seized in the course of an improper search may not be admitted at trial. If a search was conducted unlawfully, a defense attorney must submit a motion to suppress the evidence, and the court should then rule the evidence inadmissible.

One of the jobs a defense attorney has is to file any and all pre-trial motions that are applicable to the client’s case. One of the most important motions that may be filed is a motion to suppress.

What Is a Motion to Suppress?

A motion to suppress is a request from the attorney that the court suppress, or not allow, a certain piece or pieces of evidence.

In other words, the attorney is making an argument that the evidence in question was either illegally obtained or is tainted in some other way, and he or she is requesting that the court throw out that evidence and not allow the prosecution to use it at trial.

Example

Imagine that a police officer pulls over a driver for making an illegal turn. After running the routine checks of the driver’s license and registration, the officer asks if he may search the vehicle. The driver politely declines the officer’s request, but he proceeds to search the vehicle anyway.

Without a warrant and without the vehicle owner’s permission, this search would be considered unlawful, and any evidence the officer found—whether drugs, guns, or a briefcase full of cash—should be deemed inadmissible in court.

Dismissal of Charges

Sometimes, the prosecution’s entire case rests on questionable evidence. If the defense attorney successfully files a motion to suppress and that evidence is thrown out, then the prosecution will have no choice but to dismiss the charges.

This is not a guarantee and it does not happen in every case; however, a good defense attorney will examine all the evidence at play in a case and move to suppress any evidence that was not obtained lawfully.

Since September 11, 2001, security protocols at airports both in the U.S. and abroad have been heightened significantly. A side effect of this has been substantially increased wait times for passengers trying to make their way through Transportation Security Administration (TSA) checkpoints.

Over the past few years, TSA has introduced the Global Entry and PreCheck programs, which allow pre-screened passengers the chance to bypass long security lines and procedures. However, applicants must meet certain eligibility requirements, and pending criminal charges or convictions for certain criminal offenses may negatively impact your application or your status if already enrolled in the program/s.

Global Entry Eligibility

The Global Entry program, which allows easier check-in at U.S. airports for international fliers, has very strict eligibility requirements when it comes to criminal charges.

Any conviction for a criminal offense or any pending criminal charge—including driving under the influence (DUI)—can leave you ineligible for the program. If you are already a Global Entry program member, a criminal charge can jeopardize your continued eligibility.

TSA PreCheck Eligibility

A criminal record or pending criminal charge can also affect eligibility for the PreCheck program, which allows expedited security processing for domestic passengers.

This program designates certain criminal offenses that are “permanently disqualifying,” including:

• Espionage
• Treason
• Terrorism
• Unlawful possession of an explosive device

The PreCheck program also designates certain crimes as “interim disqualifying” offenses, meaning that you will be ineligible for the program if you have been convicted of a qualifying crime within seven years of the application. These offenses include:

• Robbery
• Assault with intent to kill
• Voluntary manslaughter
• Rape or aggravated sexual abuse
• Distribution, possession with intent to distribute, or importation of a controlled substance
• Unlawful possession of a firearm

Saving Your Status

Being charged with a crime doesn’t mean you will automatically lose your PreCheck or Global Entry status. An experienced defense attorney can advise you on the potential impacts of a criminal charge as well as the legal options available to you.

Before Oklahoma law enforcement agents may arrest a person on suspicion of a crime, they must have sufficient grounds to believe that he or she did, in fact, commit the crime. The legal standard by which officers must justify an arrest is called probable cause.

Probable Cause and the Constitution

The Fourth Amendment to the Constitution establishes the people’s right to be free from detainment or arrest without probable cause. The Fourth Amendment states “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause . . “ This is the same amendment that provides protection from unreasonable searches and seizures.

What Counts as Probable Cause?

There is no hard and fast definition of probable cause—it must be determined on a case-by-case basis, taking into account the specific circumstances and details surrounding the case.

Probable cause requires more than just a hunch. Officers must be able to state the objective facts that led them to suspect and arrest a person. Probable cause must exist before the arrest and cannot be developed afterwards to justify an otherwise illegal arrest or search.

Who Determines Probable Cause?

Police officers must establish probable cause before they may lawfully arrest someone; however, it is up to the judge in your case to determine whether the reasons stated by the officer actually constitute probable cause.

The standard the Court will look at is whether there was sufficient reason based upon known facts to believe that a crime had been committed.

Challenging Probable Cause

One of the benefits of hiring an experienced defense attorney is the opportunity to examine and test the state’s evidence against you and challenge the probable cause cited by the arresting officer.

If your attorney can demonstrate that probable cause did not exist or was not sufficient to warrant your arrest, then the entire case may be dismissed.

The Fourth Amendment of the Constitution establishes our right to be free from unreasonable searches and seizures. This means that law enforcement officers in Oklahoma must have sufficient grounds in order to investigate suspected crimes or arrest alleged criminal suspects.

The legal standard by which police officers must justify detaining and/or questioning a person is reasonable suspicion.

What Constitutes Reasonable Suspicion?

Unfortunately, reasonable suspicion is not easily defined, as it varies from case to case and is open to interpretation.

Essentially, reasonable suspicion is considered to be more than a hunch, but less than probable cause.

Reasonable Suspicion vs. Probable Cause

Reasonable suspicion and probable cause can be viewed as standards of proof on which police officers can base specific actions.

• With reasonable suspicion, police may stop, detain, and/or question you; reasonable suspicion is also grounds to search for weapons if the officer believes you are armed
• With probable cause, police may arrest you or obtain a search warrant from a judge

Reasonable Suspicion and Your Case

In many criminal cases, police officers begin an investigation on the basis of reasonable suspicion, which in turn leads to probable cause for an arrest and the filing of formal charges.

Think of it this way: the state’s case is like a house of cards, with the bottom card being the reasonable suspicion on which the entire case rests. If your defense attorney can show that the reasonable suspicion cited by the officer is not sufficient, then the entire case is compromised and should be dismissed by the judge.

Many people facing criminal charges ask how prior charges or convictions will affect their current case. Will the punishment be worse? Will the prior case enhance the charge to a felony? The answers depend on several factors.

Charged or Convicted?

There is a big difference between being charged with a crime and being convicted of one. If you were charged with a criminal offense in the past but were found not guilty, then that charge will have no effect whatsoever on any subsequent criminal charges.

If, on the other hand, you were found or pled guilty to an offense in the past, that conviction could potentially have an impact on your current case.

Prior Convictions as Evidence at Trial

Whether or not a prior conviction may be introduced as evidence at trial depends on several criteria. These include:

• The nature of both the current charge and the prior offense
• Whether or not you testified in the prior case
• The reason for which the prior conviction is asked to be presented as evidence

As a general rule, the prosecution is not allowed to introduce prior convictions at trial except under very specific circumstances. This is to prevent the prosecution from painting a “once a criminal, always a criminal” picture in the minds of jury members.

The prosecution’s job is to find you guilty based solely on the evidence in the current case. Just because you have been convicted of a charge in the past does not mean that you are guilty of the current charge.

Enhanced Sentencing

In many criminal cases, the only way a prior conviction will affect or enhance the current case is in regard to sentencing. Depending on the nature of the previous conviction, the District Attorney may file a felony charge versus a misdemeanor charge, which also increases or enhances the sentence in the current case because it is required by law.

Depending on the crime, the previous charge can still be used to enhance your current charge to a felony even if the prior case resulted in a deferred sentence. This is also true even if the previous deferred was expunged.

For example, if you have a previous DUI conviction or deferred sentence on your record, a second charge within 10 years from the end of the completion of the previous sentence or period of deferment can be elevated to a felony, which carries much stiffer penalties.

Defending Previous Convictions

In order to ensure that the prosecution doesn’t unfairly use a prior conviction against you in your current case, it’s important to consult with an experienced defense attorney who can advise you of your rights before, during and after trial.

If a previous conviction or deferred sentence is being used to enhance your current case to a felony, that is an element of the new crime and thus, it must be proven. Our in-house investigator will request the paperwork from your previous case so our attorneys can look through it to see if the use of the previous case as a predicate offense can be proven or used in your new case.

There are other considerations also. For instance, if you choose to testify at trial, then the prosecution may have an opportunity to question you about the prior conviction in front of the jury, which could be devastating for your case.

Our seasoned attorneys will consider all the elements of both your current and former cases and advise you on the best course of action.

The various parts of a court case can leave anyone’s head spinning. Lawyers, evidence, juries, testimonies, and witnesses all have a say and a time limit to determine your future. This means that the judicial system is dependent on imperfect human judgment, and many factors can contribute to an unjust verdict.

An appeal is your chance and your right to have fresh eyes look at your case. If the judge and jury are different for the appeal, let a new appellate lawyer also take a fresh look at the elements that might have led to a wrongful conviction or sentencing.

Types of Appeals

In the state of Oklahoma, there are two types of appellate courts: civil and criminal. For criminal state offenses, an appeal must be presented to the highest court in Oklahoma, The Oklahoma Court of Criminal Appeals in Oklahoma City.

For federal criminal offenses, the appeal must be presented to the US Court of Appeals for the Tenth District, which handles most territories in the Southwest and certain territories in the Northwest.

When filing an appeal, make sure that the errors made in your case were not “harmless errors,” or errors that wouldn’t have had an effect on the overall ruling of your case.

When to Appeal

When discussing the possibility of an appeal with an appellate attorney, he or she will study your case for non-harmless errors that would justify the appeal. Non-harmless errors include the following:

• Legal errors, such as if evidence was not submitted properly or there was lack of evidence for a conviction, or if the jury was not instructed properly about your case
• Unreliable Jurors, such as ones who have spoken about the case with others outside of the deliberation room (other jurors, news, media, prosecutors, etc.), jurors who have received information outside of the case (by investigation or another source), jurors who did not give truthful information to the judge during the pre-trial interview, and jurors who were not sober during the trial/deliberation or did not pay attention to the trial
• False swaying of the jury by a witness/the prosecutor lying or withholding evidence/testimony
• Failure to properly process information during the trial by your lawyer, including not investigating, holding back, or objecting to evidence presented; not objecting to or investigating statements made by the other side; not interviewing witnesses or checking responses made in court; giving you the wrong advice or withholding a potential plea bargain
• New Evidence, discovered after the original conviction
• Based on the presented errors or new evidence, the appeals court can decide to keep the judgment of the original court, reverse the judgment of the original court, change the judgment or sentence of the original court, or send the case back to the original court for a new trial or a different sentence (in which case the Oklahoma Court of Appeals must send proper instructions to make sure that the same errors do not happen again.)

Post-Conviction Relief

If the appeal of a case does not work or apply, it is still your right to apply for Post-Conviction Relief, challenging the original sentence.

You may challenge the sentencing if:

• The conviction or the sentence violates the Constitution or state laws
• The sentencing court did not have the power to give such a sentence
• The length/time of the sentence is more than the maximum for the law
• New evidence or testimonies are introduced that may hold off the conviction or sentencing for the sake of justice
• You have been illegally held in custody (i.e. the sentence is over or suspended or the probation/parole/conditional release is illegally retracted)

Also, if any other physical evidence has been presented illegally, the court MUST review the sentence of the crime if an appeal is presented in a timely manner.

Note that in Post-Conviction Relief appeals, issues that were already dismissed in the appeals process CANNOT be brought up again.

In Oklahoma, certain convictions may be eligible for appeal under the Uniform Post-Conviction Procedure Act. This appeal process applies to a defendant who was convicted of a crime and who believes that a situation exists that would negate the conviction or change the outcome.

What Is the Procedure?

Your attorney can go to court and argue on your behalf that the conviction was not a reasonable conclusion. How would that happen? Your attorney may argue that the case was not handled in the correct jurisdiction, so you may get a new trial in another court. In other situations, there may be new evidence that could be presented that would indicate your innocence or lessen your involvement in the crime.

Perhaps you had a public defender who did not have time to deal thoroughly with your case. You cannot use a public defender for post-conviction relief; you must hire a private attorney or you can appeal on your own behalf, but an attorney’s experience is invaluable in such a case.

Many circumstances may exist in which your attorney may get your sentence reduced, expunged, or dismissed. It is a complex procedure and may not always apply to your particular circumstances, but you won’t know unless you speak with an experienced criminal attorney. Hunsucker Legal Group can provide you with more information regarding post-conviction relief and represent you if your case qualifies for this type of appeal.

If you are arrested for a crime in Oklahoma, you will have a bail or bond hearing and typically be afforded an opportunity to post bond and be released from jail while your case makes its way through the system. However, part of the bail agreement is that you will return for all of your scheduled court dates. If you fail to appear for any of those scheduled appearances, you will be charged with another crime—failure to appear.

Bench Warrants

If you fail to appear for any scheduled court date, the judge in your case will usually issue a bench warrant for your arrest. Generally speaking, law enforcement will not engage in a city-wide manhunt to track you down; however, if you have an active warrant out for your arrest and come into contact with a police officer, he or she will apprehend you on the spot.

Sometimes, sheriff’s departments or other agencies will conduct warrant sweeps. In this case, authorities may show up at your home or your place of work and arrest you in front of family, friends, coworkers, customers or employees, which can lead to further problems in your personal and professional life.

Criminal Penalties

Because failure to appear is considered a crime, you can face penalties for conviction including:

• A fine of up to $5,000
• A prison sentence of up to two years

It can often be difficult for young people to understand the full consequences of their actions. In certain situations, one bad decision can negatively impact the life of a minor for years to come. This is why the Oklahoma Association of Youth Services developed the First-Time Offender Program, which is meant to help at-risk youth develop life skills and avoid future run-ins with the law.

In Oklahoma County, the First-Time Offender Program is called the Skills Education Program, or SEP. It is administered by Youth Services for Oklahoma County.

Program Overview

The Skills Education Program is a 16-hour course that requires participation by the young person as well as his or her parent or guardian. The program’s curriculum is meant to help develop skills in anger management, conflict resolution and communication.

The program also includes an individual assessment that can help identify other services or interventions that may be needed, such as:

• Individual, family or group therapy
• Cognitive behavioral therapy
• Other rehabilitative services

Program Eligibility

As its name implies, the First-Time Offender Program is open to youth who have been arrested for the first time as well as other at-risk minors who may be exhibiting behavioral issues at home or school.

The program is geared for youth between the ages of 13 and 18, though it may be modified for younger ages in certain situations.

Other Options and Programs

Depending on the situation, a minor may have committed a misdemeanor or status offense that does not necessarily warrant participation in the Skills Education Program. In these cases, the Community Intervention Center (CIC) may be more appropriate.

The CIC is a 24-hour intervention program that, like the Skills Education Program, can help connect the youth and his or her family to appropriate services.

If you are the parent or guardian of a minor who has been arrested, we can help guide you to appropriate services and programs.

An arrest warrant is a legal document signed by a judge that authorizes law enforcement agents to arrest someone in connection with a crime. Arrest warrants generally contain:

• The name of the person to be arrested
• Details of the alleged criminal offense

In some cases, the warrant may also:

• Establish a bail amount, unless the person is not eligible for bail
• Stipulate the conditions under which the person may be arrested, such as between certain hours of the day and/or in a specified location

How Is an Arrest Warrant Obtained?

In order to obtain an arrest warrant, law enforcement officers typically write an affidavit to the court that seeks to establish probable cause. The affidavit must be written under oath and give factual information that establishes the named person as a suspect in the alleged crime.

Can I Be Arrested Without a Warrant?

The short answer is, yes. If a police officer or other law enforcement agent witnesses you commit a crime, he or she does not need a warrant to arrest you.

There are also situations in which police may arrest you based on probable cause, even if they did not witness the crime take place. Generally, the police may not arrest you for a misdemeanor crime not committed in their presence. There is an exception for domestic abuse cases and DUIs where an accident was involved.

Factual Errors

In some cases, the arrest warrant may contain factual errors. This could include having a name misspelled or detailing the wrong case information. If police present you with a warrant that contains wrong information, you should contact an attorney as soon as possible.

Practically speaking, law enforcement officers do not always present the warrant when conducting an arrest. This is why it is important to speak with our experienced defense attorneys as soon as you have the chance. Our lawyers can examine the warrant to ensure legitimacy and help you obtain the most favorable resolution to your case.

A search warrant is a legal document signed by a judge that authorizes law enforcement officers to search a specific location for specified objects and/or materials. The warrant must detail:

• Areas to be searched
• Reasons the officer has for searching the premises

Obtaining a Search Warrant

To obtain a search warrant, law enforcement agents typically write an affidavit, which is a statement given under oath. The purpose of the affidavit is to convince the judge that the officer has sufficient probable cause to believe that criminal activity is taking place at the location to be searched.

This affidavit can be done over the phone after the officer is sworn in. If it is done over the phone, the conversation is generally recorded. It is our standard practice to obtain the recording or affidavit in any case we represent that involves a search warrant. This is important because if the affidavit contains misleading or incorrect facts or doesn’t have enough information, the search warrant may be invalid.

Limits of the Search

Officers may only search:

• In the areas described by the warrant
• For specific items detailed by the warrant

For example, if the warrant states that the “house” is to be searched, officers may not search the tool shed in the backyard.

However, if officers come across evidence or contraband during the course of the search that is not specifically named in the warrant, they may still be able to seize it.

Can I Be Searched Without a Warrant?

Depending on the situation, you may be searched without a warrant.

If a law enforcement officer asks your permission to search you or your property and you grant it, he or she may conduct the search without obtaining a warrant. However, the scope of the search could still be limited; for example, you could give permission to search your house, but not the tool shed in your backyard.

Search in Connection With Arrest

If you have been lawfully placed under arrest, law enforcement agents can conduct a search of your person and everything within your immediate control. If you were arrested without a warrant, then this search would not require a warrant either.

Plain View Doctrine

Officers can also seize illegal substances or evidence that is within “plain view.” For example, if an officer pulls you over and sees a bag of marijuana on the passenger’s seat, he or she may have probable cause to initiate a search of the vehicle.

Searches and the Fourth Amendment

All searches—warranted and warrantless—must comply with our Fourth Amendment right to freedom from “unreasonable searches and seizures.” If you feel you have been the subject of an unreasonable search and subsequently arrested, contact our office for a free consultation. Our experienced attorneys will examine the details of your case and help you determine the best course of action.

In Oklahoma, there are several ways in which a criminal case can be resolved without ever going to trial. In many cases, the matter can be handled through the filing of motions or plea bargaining. However, if your attorney is unable to reach a favorable resolution for you through these means, then the case will be scheduled for trial.

There are two types of trials in our justice system: bench trials and jury trials.

What Is a Jury Trial?

As the name suggests, a jury trial is a trial in which a jury of your peers decides the verdict. In Oklahoma, you are entitled to a jury trial if you have been charged with a criminal offense. There are two types of jury trials:

• Trials for misdemeanor offenses consist of six-member juries
• Trials for felony offenses consist of 12-member juries

The process of a jury trial looks just like what you have seen in the movies and on TV:

• Both sides voir dire (question for bias) potential jurors
• The prosecution and the defense make opening arguments
• Witnesses are called to testify
• Witnesses are cross-examined
• Other evidence is presented
• The prosecution and the defense make closing arguments
• The jury adjourns to decide the verdict

In order for the jury’s verdict to be valid, it must be unanimous. If even one juror votes against the verdict, it could lead to a mistrial.

What Is a Bench Trial?

In a bench trial, the judge alone decides the verdict; there is no jury. The bench trial process is essentially the same as that of a jury trial.

In Oklahoma, both the prosecution and the defense must agree to a bench trial.

Which Trial Is Right for My Case?

The answer varies from case to case, as each type of trial has its advantages and disadvantages.

For example, jury trials usually take much more time to complete than bench trials. If you are looking for a speedy resolution to your case, a bench trial may be preferable.

However, judges can sometimes render decisions based on political pressure, especially if they will soon be up for reelection or review from the governor. Jurors, on the other hand, tend to make decisions based on emotion, even though they are instructed not to.

It is important that your attorney be familiar with the Judge you are appearing in front of as well as the general pulse for jury habits for the county or city in which your case is located.

Our attorneys will evaluate all the factors at play in your case to determine which type of trial is most likely to result in a favorable resolution. However, the decision to waive a jury trial is ultimately yours to make.

In an Oklahoma criminal case, most evidence can be classified under one of two categories: direct and indirect. Indirect evidence is also referred to as circumstantial evidence.

• Indirect or circumstantial evidence requires an inference or presumption in order to prove a particular fact
• Direct evidence proves the fact directly, with no inference necessary

Example

Say, for example, the prosecution is trying to prove that Carl committed assault and battery against John. The prosecution’s star witness, Bill, gives testimony that he saw Carl run at John, tackle him to the ground and beat him with his fists in the face. In this instance, Bill’s testimony is considered direct evidence.

On the other hand, if Bill testifies that he witnessed Carl and John having a verbal altercation in which Carl threatened to beat up John, then watched the two walk out into the backyard, heard scuffling and shouting and then saw John walk back into the house with a bloody face and Carl with blood-covered fists, it could be inferred that Carl assaulted and battered John. Bill’s testimony in this case would be considered indirect or circumstantial evidence, because he didn’t actually witness the alleged act.

Weighing Indirect and Direct Evidence

From a practical standpoint, there is little difference between indirect and direct evidence when it comes to trial. In either of the above scenarios, it would still be up to the jury to decide whether Bill’s testimony is credible enough to believe and, therefore, whether or not Carl is guilty of the accused crime.

As criminal defense attorneys, it is our job to evaluate all of the prosecution’s evidence against you, find the weakest points and vigorously attack them in court—regardless of whether that evidence is direct or circumstantial.

If you have been charged with a criminal offense in Oklahoma, it may be possible to obtain a deferred adjudication, which is more commonly referred to as a deferred sentence.

A deferred adjudication or deferred sentence is essentially a form of probation in which you agree to plead guilty or no contest to the charge or charges against you. In exchange for your plea, the judge agrees to refrain from—or defer—sentencing until a later date.

In the meantime, you must abide by the terms and conditions set forth by the court. These conditions may include:

• Undergoing drug and/or alcohol education or treatment
• Paying court costs and fines
• Submitting to random and/or scheduled drug tests
• Community service
• Reporting to a probation officer

Additionally, you must stay out of legal trouble for the duration of the deferment. If you are arrested and charged with any other crime during this period, you will likely lose the deferment and could face the full penalty for the initial charge.

Successful Completion of Deferred Adjudication

If you successfully complete the full term of deferment, the judge will dismiss the case and you will be cleared of the charge. Afterwards, your case could be eligible for expungement.

Am I Eligible for Deferred Adjudication?

The answer depends on the details of your specific case as well as your previous criminal history.

As defense attorneys, it is our duty to obtain the best possible outcome for you in your criminal case. In many instances, we are able to obtain a dismissal of charges or acquittal at trial; other times, a deferred or reduced sentence may be the best available option.

To discuss the details of your case and learn more about potential defense strategies, call us to schedule a free consultation.

If you are charged with a criminal offense in Oklahoma, you will have the option to enter one of three pleas:

• Guilty
• Not guilty
• No contest, formally known as nolo contendere

Typically, a guilty plea is entered in exchange for a reduced sentence through a plea bargain. On the other hand, entering a plea of not guilty will result in a trial. But what exactly does it mean to enter a plea of no contest?

No Contest Explained

The no contest plea means that, while you do not admit guilt in the alleged offense, you acknowledge that the evidence against you could likely result in a jury finding you guilty. A no contest plea is sometimes the best option in situations where the prosecution has an overwhelming case against you.

Effect of No Contest Plea

A no contest plea essentially has the same effect as a guilty plea. This means that if you plead no contest, you accept whatever punishment the court deems appropriate.

Benefits of No Contest Plea

The main benefit of pleading no contest is that it cannot be used against you in a civil trial. In other words, if you plead no contest, the party suing you still has to prove the case against you in civil court.

Is No Contest Right for Me?

No contest pleas should only be considered as a last resort in most criminal cases. Before entering a plea, our attorneys can examine all aspects of your case and counsel you on the best approach to obtain the best possible outcome.

If you are arrested in Oklahoma, most counties will have a standardized bond schedule that they follow. However, in some counties and for some charges, the judge in your case will likely set a bail amount. Bail is a sum of money that you may pay in order to be released from jail until your case has been decided. This is also referred to as posting bond.

Purpose of Bail

The main purpose of bail is to ensure that you return to court for all scheduled appearances. Once your case has been decided, the bail amount should be returned to you. In some counties, the Court Clerk may apply the bail amount to any costs and/or fines due if you had posted a cash bond.

Denial of Bail

Not all defendants qualify for bail. The following are some potential reasons for which you may be denied bail:

• If you have been accused of a violent offense
• If you are facing a felony charge and already have two or more felony convictions on your record
• If you are facing an offense for which life imprisonment is a potential sentence
• If you are facing a drug charge for which 10 years imprisonment is a potential sentence

Determining Bail Amount

If you do qualify for bail, the amount will depend on several factors, including:

• The nature of the crime with which you have been charged
• Your previous criminal history
• Whether the judge considers you a “flight risk,” meaning whether he or she thinks you will attempt to flee and avoid trial
• Whether the judge considers you a threat to the public

In some counties, judges use a pre-determined bail schedule. However, judges typically have authority to raise or lower the bail amount at their discretion.

Bail Bonds

In many cases, the defendant does not have the cash or resources to pay the bail amount in full. If this occurs, a bail-bondsman may agree to post the bail for you in exchange for a fee—typically 10 to 15% of the total bail amount. The bail-bondsman may also set other conditions, such as:

• Checking in once a week or at other specified intervals
• Agreeing to stay away from certain places or avoid certain people
• Not leaving the jurisdiction without permission

If you do not abide by the conditions set by the bail-bondsman or if you are arrested for another offense while out on bail, the bail-bondsman may revoke the bond, which would result in your going back to jail for the duration of the case or until such time another bond is posted.

Lowering the Bail Amount

As a defendant, you may request that the judge lower the bail amount in your case. He or she will weigh all the factors mentioned above when deciding your bail, and in some cases may agree to lower the bail in exchange for another condition, such as the wearing of a GPS monitoring unit.

Another factor the judge will consider when determining whether to lower your bail is whether you have retained legal counsel. Hiring a qualified criminal defense attorney to represent you shows the judge that you are taking the case seriously and also makes you less of a flight risk. When the judge knows that you have invested in retaining a lawyer, he or she is more likely to lower the bail amount.

The staff at the Hunsucker Legal Group can assist in locating a bonding company that can assist getting your loved one out of jail or arranging to surrender and post bond on an outstanding warrant.

Under Oklahoma’s state constitution, anyone charged with a felony crime is entitled to a preliminary hearing. The purpose of the preliminary hearing is to determine whether there is sufficient probable cause to believe that:

1. A crime was committed
2. The accused person committed the crime

The preliminary hearing is not meant to decide the defendant’s guilt or innocence; rather, the hearing is meant to determine whether the prosecution has established sufficient evidence against the defendant to justify a trial. The State is only required to show the elements of the crime and not necessarily present its entire case or evidence.

Preliminary Hearing Process

During the preliminary hearing, the prosecution will present evidence to support probable cause, which could include witness testimony. As the defendant, you cannot be forced to testify at this hearing because you are constitutionally protected from self-incrimination. At this stage, the evidence is taken in the light most favorable to the State.

Binding Over for Trial

If the judge decides that the probable cause presented is sufficient for trial, he or she will issue an order that binds you over for trial. This is simply a legal phrase meaning that you are required to appear before your assigned judge in district court for an arraignment.

Your Rights at a Preliminary Hearing

In addition to the right to have a preliminary hearing, you also have the right to be represented by legal counsel at the hearing if you have been charged with a felony offense. However, if the prosecution agrees, you may waive your right to the preliminary hearing, though you should only consider doing so after consulting with an experienced defense attorney.

Potential Outcomes

Because probable cause is a relatively low standard of proof, most preliminary hearings end with the defendant being bound over for trial. However, this is not always the case.

If the judge does find the probable cause sufficient, the preliminary hearing can expose weaknesses in the prosecution’s case or in witness testimony that may be exploited later at trial.

Post conviction relief is a legal term that refers to the process of challenging either the verdict or the sentence in a criminal case that has resulted in conviction. Post conviction relief is not simply an appeal to retry the case based on the same evidence, although a new trial is one potential outcome of an application for relief.

Post conviction relief can take many forms:

• A new trial
• Setting aside or reversal of the conviction
• Modification of the sentence
• Release from prison

It is important to understand that you cannot simply apply for relief without justification. Oklahoma law lays out the conditions under which post conviction relief may be sought:

• If the conviction or sentence violates the Constitution of the United States or the Constitution or other laws of the State of Oklahoma
• If the court did not have proper jurisdiction to administer the sentence
• If the sentence exceeds the maximum punishment that is authorized by law
• If there exists material evidence that was not presented at the initial trial
• If the sentence has expired or you are otherwise unlawfully held in custody
• If there is another administrative, procedural or legal error that may have affected the verdict or sentence

Does My Case Qualify for Post Conviction Relief?

The answer depends on several factors. Not all cases are eligible for appeal.

If we represented you during your initial trial, we will always advise you on any potential avenues of post conviction relief. If you had other counsel or no legal representation at all during the initial trial, we can review your case for errors or other causes for an application of relief.

Entrapment is a defense argument that is used in certain Oklahoma criminal cases. Essentially, the entrapment defense states that the defendant committed the crime, but only under threat or coercion from a law enforcement agent.

Entrapment is considered an affirmative defense, meaning that the defendant admits to committing the offense but offers up a justification for doing so.

What Constitutes Entrapment?

The most typical scenario under which entrapment may occur includes police or other law enforcement agents working undercover. Undercover agents are actually legally allowed to tell lies and use false identities; however, there is a limit to how far they may go when trying to catch someone committing a crime.

For example, an undercover officer may present an investigatory subject the opportunity to commit a crime—say, by offering to buy or sell drugs or other contraband. But simply offering the chance to commit a crime does not constitute entrapment, because there is an expectation that ordinary, law-abiding citizens will not choose to break the law.

If, however, the undercover agent resorts to harassing, threatening or otherwise pushing the person to commit the crime to the extent that he or she is coerced into doing so, then it may constitute entrapment.

Legal Standards for Entrapment

There are two legal standards used in determining whether entrapment occurred: objective and subjective. Each state uses one of these two standards in entrapment cases.

• The objective standard requires that the undercover agent’s actions would have induced an average, law-abiding citizen to commit the crime.
• The subjective standard is much murkier; it involves determining whether the defendant was predisposed to commit the crime as well as the actions taken by the undercover officer. This can include introducing evidence such as previous criminal charges for similar offenses.

Oklahoma uses the subjective standard for determining entrapment.

If you have been arrested and charged with an Oklahoma crime and feel that you may have been entrapped, contact our office right away. There may be other viable defenses available that do not involve you admitting guilt and could even possibly get your case dismissed.

If you are arrested and incarcerated in Oklahoma, your first concern will be how to get out of jail. Depending on the specifics of the offense, you may be able to post bail, secure a bond or be released on your own recognizance.

What is Bail?

Bail is an amount of money the judge will require in order for you to be released from jail. If you post bail, you will still be responsible for returning for all future court dates related to your case. Failing to appear will land you in even more trouble with the law.

If you appear at all of your court dates, your bail money will be returned, either at the time of a not guilty verdict/dismissal of the charges or when you are sentenced, if you are found guilty. Some courts will apply the posted cash bail to any fines and court costs before returning the remainder, if any.

When setting bail, the judge will take the following into consideration:

• Any prior criminal record
• The severity of the alleged offense
• Any danger that would be posed to the public if you were released
• Your ties to your family, community and employment

The Eighth Amendment of the U.S. Constitution protects individuals who are arrested from having an extremely high bail amount. You may post bail by posting cash with the Court, or you may use a bonding company to post a bond on your behalf.

What is a Bond?

If you or your family does not have enough money or assets to post bail, you may consider obtaining a bond through a bond company. A bonding company will post bail on your behalf. Charges may vary from bonding company to bonding company but most will charge between 15% and 18% of the total bond amount as their fee for posting bail.

During the time you are out on bond, you are basically in the custody of the bondsmen. Most will require you to check in with them as well as get permission to leave the state. Once the case is resolved, the bond is exonerated and you no longer have to check in.   You will not receive any refund or portion of the money paid to the bondsman as that was their fee to post the bond.

Your Own Recognizance

In some instances, the judge may release you from jail “on your own recognizance” or “O.R.” No bail money will be required; rather, you will agree, in writing, to appear in court during all proceedings related to your case. If you fail to do so, you could be returned to jail and forced to post bail and/or be charged with an additional charge of bail jumping.

If you have a loved one in jail, contact the Hunsucker Legal Group to see what steps we can take to help secure bond. It may be possible to ask the court for a bond reduction. Additionally, we have several bondsmen that we work closely with that can post bond on your behalf.

The Oklahoma criminal process can be exhausting and difficult. Having an experienced attorney can help you navigate the process and will be essential to your case and its success.

An Outline of the Oklahoma Criminal Process

There are many steps in any criminal case, but the process is generally the same from case to case. In order to understand what you may soon be going through, below is an outline of the criminal process in Oklahoma.

1) Pre-Filing

This is one of the most important phases of the criminal process is the time before formal charges are filed. It is important to make sure you have a lawyer on your side during this time so that he or she can contact investigators and negotiate on your behalf.

If you believe you may be under police or DHS investigation, it is critical that you act as quickly as possible by contacting an experienced criminal attorney.

2) Arraignment

The arraignment is your first appearance in court. Here, you will get the opportunity to answer the charges against you. You have the option to plead either guilty, not guilty, or no contest. By pleading no contest or guilty, you will most likely be sentenced immediately. If you choose to plead not guilty, then you will have an opportunity to present your case in trial.

Contacting a lawyer before the arraignment is essential so that you can weigh all of your options and select the one that is most appropriate to helping your case.

3) Preliminary Hearing

During the preliminary hearing, the state must present enough evidence to establish probable cause, which means that the evidence must show that the crime was committed, and by the defendant.

The preliminary hearing offers the defense attorney a chance to cross-examine the state’s witness. It is vital that you have an experienced attorney fighting for your rights, especially during this stage of the criminal process.

4) Trial

Defendants are offered a trial by jury, but are allowed to waive this right in favor of a bench trial, where evidence is presented solely to a judge. Trial by jury has many facets such as the jury selection process, trial motion hearings, and the actual trial examinations.

To understand all of your options regarding trial, talk to your lawyer.

5) Appeals

It is possible to appeal your conviction, but the appellate and post-sentencing processes are often very long and difficult. You will need an experienced legal writer or attorney to help you during this phase of the criminal process.

How We Can Help

The Oklahoma criminal process may seem overwhelming, but with the right attorney in your corner, you might be able to walk away unscathed. Hunsucker Legal Group is here to help you through this difficult time in your life and is ready to answer any questions you may have. Contact us today to schedule a free review of your case.

What is a pardon?

A pardon is intended to excuse someone from a conviction of a crime. To gain pardon, the state requires that you recognize that you made a mistake, are ready to ask forgiveness, and can show that you are serious about being a law-abiding citizen.

Obtaining a Pardon in Oklahoma

The process of gaining a pardon in Oklahoma begins with a request for a pardon from the Pardon and Parole Board, which then submits their recommendations to the governor. The Pardon and Parole Board will take into account your criminal history, your civic and employment activities since your conviction, and the completeness and accuracy of your application.

The governor can grant someone an official pardon, and usually agrees with the recommendations made by the Pardon and Parole Board.

There are several factors to consider in order to increase your chances of successfully being granted pardon. To begin with, you must have been convicted of the crime and admit guilt. You cannot be pardoned for something that you did not commit. Gaining pardon typically requires that at least 10 years have passed since you served your conviction, and that you currently are not in prison or have any charges or warrants. Strong character references and demonstration of financial responsibility will also work in your favor.

The Benefits of Seeking a Pardon

Seeking and obtaining a pardon can enable you to move on with your life beyond your offense. While the crime will still be on your record, a pardon will allow you to vote and own firearms, be eligible for more employment opportunities, and enable you to hold public office.

The application process is vitally important to gaining pardon from the governor. An experienced attorney well versed in Oklahoma criminal law can help you make the best possible case for a pardon.

The Hunsucker Legal Group Can Help

Have you served your time for a criminal offense? Are you ready to get your life back on track and put your mistakes behind you?

Contact the Hunsucker Legal Group to schedule a free and no-obligation review of your case. We are ready to get to work for you to ensure that you have the best support possible in the process of applying for a pardon in Oklahoma.

What if there is a Warrant out for your Arrest?

Realizing that there is a warrant out for your arrest may be a confusing and frightening experience. You may not even be aware of it until you receive a letter from a bondsman or lawyer informing you of your warrant. These individuals likely found your name on the Oklahoma Supreme Court website listing recent criminal filings and contacted you to offer their services.

Having a warrant out for your arrest is often the first step in getting your charge into the legal system. If it becomes an outstanding warrant, law enforcement officers will see it on your record if they come across you (such as in a minor traffic violation) and/or police may seek you out to arrest you if you do not surrender on your own.

What Happens Next?

Once you are aware of your warrant, the best action to take is to get a lawyer, contact and make arrangements with a bondsman, and surrender to the warrant. This action does not mean you will spend any time in jail. The bondsman will post bail and you will get to return home that same day. You will then need to appear in court on a set court date and defend your case.

If you do not have the money to post a bond, you will need a lawyer to conduct a bond reduction hearing.

Failing to Appear in Court

If you miss your court hearing, you will be issued a bench warrant. The judge may increase the price of your bond if you have paid it already. You will need to contact your lawyer immediately or get a lawyer if you do not already have one. The judge may see you and your lawyer for a discussion. If this happens in a timely manner and under certain circumstances, the judge may not require you to post new bond.

OSCN Says I Have A Warrant, But I Have A Court Date

If you were arrested in Oklahoma County and have a court date for your arraignment, OSCN.net will show that a warrant has been issued. When the charges are filed in Oklahoma County, a warrant is issued and it is listed on OSCN. However, the warrant is not active until and unless you do not show up for your arraignment date. At that time, the judge will sign the warrant and it will become active. If you are in court, the warrant is recalled and will not become active.

Help At Every Step of Your Case

If you have learned of a warrant out for your arrest, it is in your best interest to get a lawyer as soon as possible. The experienced attorneys at the Hunsucker Legal Group represent clients facing various charges throughout the state of Oklahoma and know all of the ins and outs of the legal system. No matter the status of your case or charge, we can fight for you.

Bail is a monetary assurance that a person charged with a crime is asked to pay to ensure that they will appear at their hearings and face the charges.

Bail Bondsmen in Oklahoma County

The bail amount varies depending on the charge and the criminal history of the person in question. Defendants will often turn to bail bondsmen to pay higher bail amounts. Bail bondsmen pay the bail in exchange for a fee, usually 10% of the bond posted plus posting fees.

When a bail bondsman posts your bail, he/she is guaranteeing that you will appear in court.  As such, you are basically in the custody of the bondsman and they generally will have certain check in requirements that you must comply with.

Occasionally, a bondsman will require a cash escrow that they will hold while the case is pending.  If you make all your appearances, then the escrow will be returned to you at the end.  The money paid as the fee is not refundable nor is it returned as a that is the bondsman’s charge for posting the bond on your behalf.

At the Hunsucker Legal Group, we know the period after an arrest can be a trying time, so we have compiled a list of local bail bondsmen who we trust in these circumstances.

• Abraham’s Bail Bond
  • Phone: 405-528-8000
  • Address: 1221 Classen Blvd. Oklahoma City, OK 73106
• Thunder Bail Bonds
  • Phone: (405) 235-0002
  • Address: 810 NW 6th Street Oklahoma City, OK 73106
• Ken Boyer Bail Bonds
  • Phone: 405-235-2600
  • Address: 620 N. Shartel Ave. Oklahoma City, Oklahoma 73102
• Asset Bail Bonds
  • Phone: (405) 709-1600
  • Address: 5011 N. Rockwell Oklahoma City, OK 73008
• Eden Bail Bond Information Center
  • Phone: 405-239-2221
  • Address: 805 Robert S Kerr Oklahoma City, OK 73106
• Bail Bonds and Co.
  • Phone: 405-230-7450
  • Address: 1625 N Classen Blvd, Oklahoma City, OK 73106
• Advise Bail Bonds
  • Phone: 405-235-0800
  • Address: 1945 Exchange Ave, Oklahoma City OK 73108
• Bail Bonds By Tamara
  • Phone: 405-200-5110
  • Address: 3130 NW 23^rd St Oklahoma City, OK 73107
• 2 Blondes Bail Bonds
  • Phone: 405-235-5252
  • Address: 900 W. Reno Oklahoma City, OK 73106

Strong legal defense and having attorneys you know will fight for you extends beyond the courthouse.  At the Hunsucker Legal Group, we work with our clients every step of the way to ensure they have all of the help they need to make it as painless and stress free as possible.  All of these bail bondsmen can help make this process easier. For additional help, contact the us today (405) 544-2992

What is an expungement?

An expungement is an order of the District Court that seals any public record of the offense, regardless of the agency holding the records. These agencies can include the Oklahoma State Bureau of Investigations, the Oklahoma Department of Public Safety, any arresting agency, any jail facility at which a person has been held or any municipal court at which a person appeared in regard to an arrest. This type of legal order prevents an arrest, a probation period or even a conviction from appearing on an OSBI background check. Just getting a case dismissed doesn’t seal the OSBI arrest records. To seal the OSBI records, an expungement is necessary.

How does the process of obtaining an expungement work?

In order to qualify for an expungement, an individual must qualify under Title 22 Section 18 of the Oklahoma Statutes. This expungement under Section 18 is different than a sealing of the court file under the 991(c) deferred sentence statutes. An expungement under Section 18 will seal the arrest records and police records in addition to the court file.

If a person qualifies, a lawsuit must be filed in District Court in the county in which the charges were prosecuted. This requirement applies regardless of whether the charges were prosecuted in state court or a municipal court. Once the lawsuit has been filed, a hearing date will be set within 30 to45 days. Notice must be provided to all interested parties. These will include the arresting agency, the prosecuting office and the Oklahoma Bureau of Investigation. It may also be necessary to give notice to the Oklahoma Department of Public Safety and any facility into which the individual was booked.

• If no one objects to the granting of the expungement, everyone will typically sign an agreed order that is then presented to the judge for signature. Certified copies of the order will then be distributed to all parties and all public records of the arrest, prosecution, probation and/or conviction will be sealed to the public.
• If all parties do not agree, then the court will hold a hearing to determine if the expungement should be granted. The court will balance the need for the public to know for public safety purposes versus the harm to the privacy of the person in interest or dangers of unwarranted adverse consequences.

How is an expungement finalized?

Once the expungement is signed and filed with the court, an individual – as well as law enforcement – may reply to an inquiry about an arrest that no such event happened and be safe in knowing the law says this is true. Just remember, even with an expungement, law enforcement will always be able to see the sealed information; they just can’t share it with the public.