Oklahoma City Lawyer Blog
Parole + Probation Differences in Oklahoma
This blog post by an Oklahoma City criminal defense attorney explains the differences between probation and parole. Probation is court-ordered as part of a sentence, often included in plea agreements, and guarantees time outside of prison if terms are followed. In contrast, parole is discretionary and requires an application to the Pardon and Parole Board, along with a hearing process. Parole decisions are not automatic and involve eligibility criteria, with a majority vote from the Board needed for approval. Violations of conditions in both cases can lead to returning to prison. Read more »
Criminal Sentencing Terms in Oklahoma
This blog post from an Oklahoma City criminal defense attorney discusses the concepts of concurrent and consecutive sentences in criminal cases. Concurrent sentences allow individuals to serve multiple sentences simultaneously, meaning they only serve the longer one. In contrast, consecutive sentences require individuals to complete one sentence before starting the next. The post also mentions staggered concurrent sentences, which overlap partially but do not run in sync. Understanding these sentencing structures is essential, as they can significantly affect the total time served. The importance of consulting an experienced attorney to navigate these complexities is emphasized throughout the post. Read more »
Criminal Plea Options in Oklahoma
This blog post describes the various types of pleas available in criminal cases in Oklahoma. The default plea is not guilty, which remains in effect until another plea is entered. The main plea options are: a guilty plea, where the defendant admits guilt; a no contest plea, where the defendant does not admit guilt but also does not contest the charges; and an Alford plea, which allows a defendant to plead guilty while maintaining innocence, acknowledging that the state has enough evidence to secure a conviction. The implications of these pleas, particularly in relation to civil liability, are also discussed. Read more »
Suspended vs. Deferred Sentences
This blog post provides an overview of the differences between a deferred sentence and a suspended sentence in Oklahoma. Both types involve probation, monitored by agencies such as the Department of Corrections. A deferred sentence is not a conviction; successful completion can lead to an expungement under 22 O.S. § 991(c). In contrast, a suspended sentence results in a conviction that appears on records, restricting certain rights and making expungement more challenging, typically requiring five years under 22 O.S. § 18. The significance of these distinctions is highlighted, particularly for felony cases. Read more »
Criminal Plea Withdrawal in Oklahoma
This blog post discusses the conditions under which a plea withdrawal may be possible in Oklahoma. Generally, withdrawing a plea is difficult, with the standard requiring the plea to have been entered knowingly, voluntarily, and intelligently. Three main circumstances may allow for withdrawal: duress, mental incompetence, and attorney misconduct. Additionally, new evidence typically pertains to post-conviction relief rather than plea withdrawal. The post emphasizes a critical 10-day deadline for filing a notice of intent to withdraw, after which a hearing occurs within 30 days. Failure to meet this deadline may hinder the ability to challenge the plea effectively. Read more »
Prior Conviction Gun Rights
Oklahoma law stipulates that individuals convicted of a felony lose their right to possess firearms. Additionally, those on felony probation, even without a formal conviction, are also prohibited from firearm possession. Under Okla. Stat. tit. 21 § 1283, it is a felony offense to use or possess a firearm while on felony probation. Certain misdemeanor convictions, such as domestic assault and violations of the Uniform Controlled Dangerous Substances Act, can further restrict firearm ownership. Understanding these legal stipulations is crucial for anyone concerned about their rights regarding gun ownership in Oklahoma. Read more »
Jail Without Crime
In Oklahoma, individuals can be held in jail without committing a crime under two primary circumstances. First, a person may face incarceration for contempt of court, which, while not classified as a crime, can result in penalties including fines and jail time. Under Oklahoma law, those convicted of contempt may serve up to six months in jail (Okla. Stat. tit. 21 § 566). Second, individuals can be arrested under a material witness warrant, issued when a witness fails to comply with legal subpoenas. Such individuals are confined until they can appear before a judge for an initial hearing. Read more »
Oklahoma Victim Rights
Victims of crime possess specific legal rights, including the right to be notified of court proceedings and to be present, the right to voice their concerns at plea hearings and sentencing, and the right to receive updates on the case status, such as the defendant's bond or appeals. These rights must be actively requested, as they are not automatically granted. Engaging a victims' rights attorney can facilitate the protection of these rights and assist in securing restitution, ensuring that victims' voices and concerns are adequately addressed in the legal process. Read more »
CNA Career + Criminal History
Individuals with a criminal history seeking to become Certified Nursing Assistants (CNA) in Oklahoma should be aware of the legal restrictions that may apply. Specific convictions can result in lifetime prohibitions or a seven-year waiting period after serving a sentence, depending on the offense. Waivers can be requested from the Oklahoma State Department of Health, which considers factors such as the nature of the conviction, time elapsed, and evidence of rehabilitation. An administrative law judge will review waiver requests, and if denied, an appeal can be made to district court based on claims of abuse of discretion. Legal guidance is recommended. Read more »
Oklahoma Criminal Programs
This blog post outlines the types of programs available for individuals facing criminal charges, categorized into two main types: programs within the Department of Corrections (DOC) and diversion or treatment court programs outside of prison. DOC programs include options such as substance abuse classes and work training, where completion may lead to sentence suspension. Conversely, diversion courts, like the Misdemeanor Diversion Program and Drug Court, focus on rehabilitation and can result in charge dismissal upon successful completion. Eligibility for these programs is assessed through screenings, and participation requires adherence to program rules for benefits to apply. Read more »
Bond Decision Factors
Bond is a financial guarantee ensuring an individual's appearance in court, set by a judge or jail bond schedule. If someone cannot post bond, an attorney can file a bond motion for a reduction or conditional release. Key factors influencing bond decisions include the seriousness of the charge and authorized punishments, along with mitigating factors such as criminal history, employment status, financial condition, and community ties. Demonstrating a lack of flight risk can also support bond reduction requests, emphasizing the individual's likelihood of appearing in court. Read more »
Oklahoma One-Year Review
Under Oklahoma law, individuals can request a one-year review of their sentence within a year of sentencing, with the judge retaining the authority to modify the sentence. This option is most commonly available to those incarcerated, allowing for potential sentence suspensions or duration modifications. Eligibility criteria include having no prior felony convictions within the last ten years and having either a blind plea or being sentenced after a bench trial. For those eligible, preparation involves filing court paperwork, arranging hearings, and demonstrating positive actions during incarceration, such as completing programs and maintaining a clean disciplinary record. Read more »
Choose Private Counsel
This blog post discusses the benefits of hiring a private criminal defense attorney compared to utilizing a public defender in Oklahoma County. The author explains that while public defenders are often skilled, they are frequently overburdened with numerous cases, which can lead to longer waiting times in court. For misdemeanor cases, individuals represented by private attorneys may experience quicker resolutions, whereas public defenders may have multiple cases scheduled simultaneously, affecting their ability to provide personalized attention. Ultimately, the post emphasizes that private counsel typically offers greater focus and efficiency in handling criminal cases. Read more »
Blind Pleas Explained
This blog post discusses the concept of a blind plea in criminal cases, where a defendant pleads directly to a judge without a prior agreement with the prosecution. It outlines the two main plea types—negotiated and blind—and details the process of entering a blind plea, including the possibility of a guilty or no contest plea. The post emphasizes the importance of presenting mitigating factors, such as completing classes or community service, to influence the judge's sentencing decision. It also addresses circumstances under which a blind plea might be strategically beneficial and underscores the value of legal representation in navigating these choices. Read more »
Oklahoma Probation Violations
This blog post addresses the implications of violating probation, highlighting common reasons such as new arrests or technical violations like failing to report or testing positive for drugs. It outlines potential outcomes, including sanctions that may involve community service or jail time, and discusses more serious violations, which could lead to revocation of a suspended sentence. Furthermore, it explains that for those on a deferred sentence, violations might result in an accelerated conviction. The importance of legal representation in navigating these complexities is also emphasized. Read more »
Oklahoma DUI Guide
This blog post discusses the implications of submitting to or refusing the state’s breathalyzer or blood test in DUI cases. Refusing the test leads to an automatic suspension of the driver’s license. Until November 1, 2025, it is generally advisable to take the state’s test; however, post this date, having a blood alcohol content (BAC) of 0.15 or higher will result in an aggravated DUI felony charge. If stopped for suspected drunk driving, individuals must weigh the risk of a suspended license against the potential for a felony charge based on their BAC. Legal representation is not available at the time of the test decision. Read more »
Property Authority Explained in Oklahoma
The blog post discusses the Oklahoma Department of Agriculture, Food, and Forestry's authority to take possession of, store, or dispose of property deemed stolen or abandoned. This authority is contingent on meeting specific legal conditions. When the Department seizes property, it must maintain detailed records that document the date, circumstances, and location of the seizure, along with relevant identifying information. Furthermore, the Department is obligated to store the property in a suitable location to prevent deterioration or damage. The overview emphasizes the importance of meticulous record-keeping and proper storage in these processes. Read more »
Property Forfeiture Guide
This blog post discusses the procedures followed when the Oklahoma Department of Agriculture seizes property due to violations of the Oklahoma Agricultural Code or connections to livestock theft. Initially, the seized property is held as evidence before the department initiates forfeiture proceedings in district court. They are required to provide legal notice to individuals with an interest in the property, either personally or through legal publication. If no objections are filed within the notice period, the court may grant the forfeiture. It is essential for interested parties to timely object to avoid losing their property rights. Read more »
Misdemeanor Felony Upgrade
The blog post discusses the distinction between misdemeanors and felonies, particularly in relation to enhanceable misdemeanors. Enhanceable misdemeanors are offenses that can be charged as felonies upon subsequent violations. Examples include Driving Under the Influence (DUI) and Domestic Assault and Battery, where a first offense is a misdemeanor, but a second offense can elevate the charge to a felony. The post highlights the importance of understanding the implications of enhanceable misdemeanors, especially in Oklahoma, and notes that there are other less common enhanceable misdemeanors, such as contributing to the delinquency of a minor. Read more »
Oklahoma Criminal Sentencing
This blog post discusses the various sentencing options available to defendants facing criminal charges. The three primary sentencing options are: fines only, which can range substantially based on the offense; probation, which may impose conditions such as attending classes or abstaining from alcohol; and incarceration, which varies between jail for misdemeanors and prison for felonies. Defendants are also responsible for court costs and a victim compensation assessment, generally beginning at $30. Understanding these options is essential for navigating the complexities of criminal charges and associated legal responsibilities. Read more »
Property Seizure Rights in Oklahoma
The Oklahoma Department of Agriculture possesses the authority to seize and forfeit property in response to violations of the Oklahoma Agricultural Code. Property that may be seized includes vehicles, farming equipment, implements of husbandry, and livestock. Livestock in transit or already slaughtered can also be subject to seizure. Additionally, equipment used in the theft of livestock may be forfeited, along with any financial gains obtained through unlawful conduct. Violations of the agricultural code can lead to significant loss of property and profits associated with the offense. Read more »
Oklahoma Agriculture Inspections
This blog post discusses the Oklahoma State Board of Agriculture's authority regarding the inspection of agricultural products. According to Okla. Stat. tit. 2 § 2-14, the Board and its agents have the power to inspect containers and conduct investigations to ensure compliance with agricultural laws. If access to packages or containers is denied during an investigation, the Board is empowered to seek a warrant from the District Courts to continue the investigation. The post provides an overview of these regulatory powers and their implications for agricultural compliance in Oklahoma. Read more »
Minors' Civil Liability in Oklahoma
This blog post discusses the civil liability of minors and individuals of unsound mind in Oklahoma. It clarifies that, under Oklahoma law, these individuals can be held liable for their actions similarly to adults of sound mind. Civil suits may be filed not only against the minor or individual but also against their parent or legal guardian, aiming to hold responsible parties accountable for any harm or damages incurred. Read more »
Contracts Minors Can't Void in Oklahoma
This blog post by Dillan Savage of Wirth Law Office focuses on the contractual obligations of minors in Oklahoma. Generally, minors have the ability to disaffirm contracts; however, specific exceptions exist. Notably, if a minor enters a contract regarding the reasonable value of necessities for their own or their family's support while not under parental care, they may be held accountable for that agreement. This applies to contracts that are typically enforceable and necessary for sustenance. The discussion highlights the legal framework surrounding minors and contract law in Oklahoma, particularly in situations where parental guardianship is absent. Read more »
Minors & Voiding Contracts
This blog post by Dillan Savage of Wirth Law Office discusses the legal power of minors to disaffirm contracts. Minors, defined as individuals under 18, can cancel contracts they have entered into until they reach the age of majority. Even after turning 18, they retain up to one year to disaffirm such contracts. If a minor passes away, their estate has the same one-year period to disaffirm. Exceptions exist, particularly regarding motor vehicle contracts, where minors must restore consideration received. This post outlines these regulations relevant to Oklahoma law concerning minors and contracts. Read more »
Minors & Contract Rights
This post discusses the ability of minors in Oklahoma to enter into contracts, highlighting that, under Oklahoma law, minors typically lack the capacity to be held to such agreements. It explains the concept of disaffirmation, which allows minors to cancel contracts at any time. While there are limited circumstances where a minor may be held to a contract, these situations are rare. Due to the potential for disaffirmation, it is generally considered unwise for adults to enter into contracts with minors, as they cannot be held accountable for the terms of the agreement. Read more »
Enforceable Contracts Explained
This blog post by attorney Dillan Savage provides a broad overview of contracts and their requirements under Oklahoma law. A legitimate contract must involve parties who have the authority to engage in the contract, consent without coercion, have a legal objective, and include consideration, which refers to the exchange of value between the parties. The necessity for these elements ensures that contracts are enforceable and meet legal standards, preventing agreements for illegal activities or those made under duress. The post emphasizes the fundamental aspects that make contracts valid in Oklahoma. Read more »
LLC Law 101: Oklahoma Edition
This blog post outlines the steps for registering a limited liability company (LLC) in Oklahoma. It begins with identifying a unique company name, followed by the requirement to file registration documents with the Oklahoma Secretary of State. A registered agent must be designated, who will receive official documents on behalf of the LLC. The registration process includes paying a filing fee of approximately $100 and submitting articles of organization. Although not mandatory, having an operating agreement is recommended for structuring the LLC. The post suggests consulting an attorney for assistance in drafting necessary documents. Read more »
Contract Authority Explained
In this post, Dillan Savage of Wirth Law Office explores the nuances of who can legally contract in Oklahoma. While most individuals have the capacity to enter into contracts, certain groups are exempt. Minors cannot engage in legally binding contracts, as such agreements are unenforceable against them. Additionally, individuals deemed not of sound mind or those with deprived civil rights cannot contract either. Interestingly, imprisoned individuals may enter employment contracts under specific conditions, but this requires navigating a complex approval process. Understanding these limitations is crucial for anyone considering contractual agreements in Oklahoma. Read more »
Foreign Custody in Oklahoma
Dillan Savage of Wirth Law Office discusses the process of registering a foreign child custody determination in Oklahoma. When individuals move to Oklahoma with custody orders from another state, navigating modifications can be challenging if those orders remain unregistered. Oklahoma law provides a clear pathway to register these orders as foreign judgments. By petitioning the court and notifying the other party, individuals can simplify their legal processes. If the other party does not respond within 20 days, the foreign custody order is automatically accepted. This process can be invaluable for custodial parents relocating and seeking jurisdiction in their new state. Read more »
