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    • Tulsa Criminal Defense Law Firm

    Oklahoma Defense Blog

    • Jerome Hutchinson

    Jerome Hutchinson Avatar

    questioned by the policeIf you are questioned by the police,  it is most likely because you are a suspect or believed to have information regarding a crime that has been committed. Either way, the experience can be quite uncomfortable.

    In the midst of it all, it is important to remember that anything you say may be used against you or whomever you are being questioned about. This article is a discussion on what you should do if you are questioned by the police in Oklahoma.

    Exercise Your Right to Remain Silent if Questioned by the Police in Oklahoma

    The police have the power to approach you and ask you questions, regardless of your guilt or innocence, or whether they intend to arrest you or not. However, with very few exceptions, you have no legal obligation to answer.

    While you are encouraged to cooperate with the police as much as possible, the Fifth Amendment to the Constitution gives you the right to remain silent, and you would be well advised to do so for the following reasons:

    1. Anything you say can be used against you in court, but not in your defense.

    1. There is always the chance that what you say may be recalled inaccurately or distorted and used against you.

    1. By talking to the police, you stand the risk of admitting guilt without any benefit in return. If you admit to guilt too soon, you may lose your chance to secure a plea bargain, if indeed you need one.

    1. Even if you are innocent, what you say may incriminate you.

    To invoke your right to remain silent, stay calm and simply state clearly that you do not want to answer the questions. Repeat this as many times as necessary. Then, contact an attorney as soon as you have the opportunity to do so.

    Assert Your Fourth Amendment Rights

    The police are not likely to remind you that the Fourth Amendment to the Constitution protects you from unreasonable searches and seizures. In effect, you have the right to deny the police the permission to search your body, home, vehicle, or property, unless they are authorized by the courts to do so.

    So, unless the officer shows you a court-authorized search warrant, you can refuse to consent to any search of your body, home, vehicle, or property, even if they insist. All you have to do is say “no.”

    Make it clear that you do not consent to being searched and repeat it as many times as you feel necessary. Then, contact an experienced Tulsa criminal defense attorney as soon as possible.

    Stay Calm and Cooperate

    Whether you are stopped simply to be questioned by the police, or if a search of your body, vehicle, home, or property ensues, it is important to remain calm and cooperate as much as possible without answering any questions or assisting the police in their search.

    Under no circumstances should you lie to the police, become belligerent, or physically interfere with their searching. If you do so, you may be charged with obstruction of justice or battery on a police officer, which are serious offenses.

    Initial Consultation: Tulsa Criminal Attorney

    Whether you have done something in need of defending or not, if you or a loved one have been questioned by the police in Tulsa, it may be in your best interest to contact an experienced Tulsa criminal attorney. A Tulsa criminal attorney can advise you on the best course of action to preserve your innocence.

    To begin your low-cost initial strategy session, call 918-256-3400 today.

    Jerome Hutchinson Avatar

    Oklahoma appeals processUnfortunately, our criminal justice system is not perfect. Sometimes, people are found guilty of crimes they did not commit. Fortunately, the Oklahoma appeals process provides a mechanism for those who are wrongfully convicted to find justice.

    An appeal is a request made by a defendant who has been convicted by a judge or jury in a lower court to have that court’s decision reviewed and changed by a higher court.

    Making an Appeal in Oklahoma

    Everyone convicted of  crime in Oklahoma has the statutory right to an appeal through the Oklahoma appeals process. To quality for an appeal in the Oklahoma appeals process, an individual’s case must meet one or more of the following grounds for an appeal in the state of Oklahoma:

    • Legal or procedural errors

    • Jury misconduct

    • Prosecutorial misconduct

    • Ineffective assistance of counsel

    • New evidence

    In the Oklahoma appeals process, criminal appeals are made to the Oklahoma Court of Criminal Appeals, which is the state court of last resort in criminal matters. That means the Oklahoma Court of Criminal Appeals is usually as far as an appeal can go.

    The Oklahoma Supreme Court hears appeals in civil cases, and resolves jurisdictional disputes between the two courts. In some very unusual circumstances, issues affecting a criminal proceeding might be appealed to the Oklahoma Supreme Court. On a few occasions, the two courts have disagreed about which court has jurisdiction – including in a death penalty case.

    Those convicted of a federal crime in the state of Oklahoma can make their appeal to the U.S. Court of Appeals for the Tenth Circuit. In very limited circumstances, a defendant may appeal a decision of Oklahoma courts to the 10th Circuit.

    The Oklahoma Appeals Process

    The Oklahoma appeals process is as follows:

    1. After a final judgment or order has been rendered by the trial court, you and your attorney must first determine that there were errors made during the trial that constitute grounds for an appeal.

    1. Your attorney must then initiate an appeal by filing a Notice of Intent to Appeal and a Designation of Record with the Court of Criminal Appeals within 10 days of your sentencing in the lower court.

    1. In addition, a Petition of Error must be filed within 90 days of the formal sentencing.

    1. Once the appeal has been recorded with the Court of Criminal Appeals, the court will issue a Notice to Transmit the Record.

    1. An Appellant’s Brief, detailing the alleged errors made by the trial court, must then be filed with the Court of Criminal Appeals within 60 days after the Notice to Transmit the Record is filed.

    1. The Court of Criminal Appeals will then respond within 60 days with an Answer Brief outlining any issues it has with the Appellant’s Brief.

    1. The defendant may then file a reply responding to any issues raised in the Answer Brief.

    1. The court will then review the record and all briefs exchanged between the defendant and the court (which can take up to 6 months) and render its decision on the case.

    1. If the Court of Criminal Appeals decides to grant the appeal, it may choose to reverse the trial court’s decision, in whole or in part.

    The entire Oklahoma appeals process, from the original trial court’s decision to the appellate court’s decision, typically lasts 10 -18 months; and it may result in a reversal, modification or affirmation of the trial court’s ruling or sentencing. The Court of Criminal Appeals may also order that a new trial or sentencing take place, with new instructions to the trial court to avoid the errors made in the original case.

    If the Court of Criminal Appeals decides not to overturn the trial court’s ruling, you can explore other options for appeal, such as petitioning the Federal Court or applying for Post-Conviction Relief with a Writ of Habeas Corpus.

    Confidential Consultation: Tulsa Oklahoma Appellate Lawyer

    The Oklahoma appeals process is a complex process, and there are many rules and procedures that must be strictly followed when filing for an appeal. You will, therefore, need an Oklahoma appellate attorney who is well-versed with the requirements for filing a successful appeal in Oklahoma.

    The Tulsa Criminal Defense Law Firm can advise you how the Oklahoma appeals process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: (918) 256-3400. Or if you prefer a Tulsa appellate lawyer on our  team to call you or reach you by email ,click here to ask your questions via the easy to fill-out online consultation request form.

    Jerome Hutchinson Avatar

    defending a misdemeanorMisdemeanor crimes in Tulsa are offenses such as simple assault, battery and public intoxication for which the maximum penalty is a fine and up to 12 months in a county jail. If convicted of a misdemeanor in Tulsa, you may also face difficulty finding employment and housing, have your driver’s license suspended and jeopardize professional certification and licensing.

    In addition, some misdemeanor convictions can lead to more serious charges. For example, a first DUI conviction in Tulsa is usually prosecuted as a misdemeanor; however, a second or subsequent DUI conviction within a ten-year period may be prosecuted as a felony. For these reasons, defending a misdemeanor charge in Tulsa should be regarded in as serious a manner as a felony charge.

    Defending a Misdemeanor in Tulsa

    It is not uncommon for individuals to choose to represent themselves when charged with a misdemeanor offense; however, this choice most often yields less than desirable results.

    Judges have broad discretion in terms of how they sentence a person convicted of a misdemeanor. You may be ordered to pay fines and make restitution to the victim(s), given a suspended or deferred sentence, sentenced to probation or given the maximum amount of jail time available.

    This wide range of sentencing possibilities can be advantageous to your defense, and it is all the more reason to employ an experienced defense attorney who can advocate on your behalf to obtain the best possible result for the misdemeanor charge(s) against you.

    An experienced defense attorney can help you in defending a misdemeanor charge in a number of different ways:

    Getting the charges dropped

    In defending a misdemeanor charge, your defense attorney can intervene early with the state to persuade them to  the charges against you. Just because you have been arrested does not mean that the state has to prosecute you. Often, there may be factual or legal evidence that your attorney can present to the state that may persuade them not to proceed with the charges against you.

    Getting the charges reduced

    Secondly, because Tulsa jails are often overcrowded, the state’s attorney’s office may be motivated to accept a plea bargain, wherein you agree to plead guilty in exchange for a reduction in the charges against you. This will often result in you spending little or no time in jail.

    Obtaining a deferred sentence

    You may also have the possibility to apply for a deferred sentence when defending your misdemeanor charge in order to avoid a conviction altogether. This means that, given your limited criminal history, the state’s attorney agrees to dismiss the charges against you if you plead guilty and agree to perform certain tasks. If you successfully perform these tasks, the state will dismiss the charges against you.

    Obtaining a suspended sentence

    If you do not qualify for a deferred sentence, you may be eligible for a suspended sentence, where even though you have been sentenced to serve time behind bars, the judge suspends your sentence upon your continued good behavior. If you fully comply with the conditions set forth by the judge, you will not have to serve time in jail.

    Expunging your criminal record

    Later, after defending a misdemeanor charge, your attorney may be able to assist you in sealing and expunging your criminal record in order to erase any evidence of you being charged with a crime. This will allow you to deny that the incident ever occurred.

    Initial Consultation: Tulsa Misdemeanor Defense Lawyer

    If you’ve been arrested for a misdemeanor in Tulsa or any of the surrounding Oklahoma counties, it’s time to reach out to a team that knows how to handle these types of cases. That’s why you need a Tulsa Misdemeanor Defense Lawyer who can provide knowledgeable assistance in your case.

    Simply call our team at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer the Tulsa Misdemeanor Defense Lawyer to call you or reach you by email, click here to ask your questions via the online consultation request form.

    Jerome Hutchinson Avatar

    post bail or get a bondIf you are arrested in Tulsa, the good news is that, in most cases, you will not have to remain in jail. You can post bail with the court and be released from jail until trial. The bad new is that, although the Eighth Amendment to the Constitution forbids bail amounts from being excessive, posting bail in Tulsa can still be very expensive.

    Bail in Tulsa

    Bail is money or property deposited (posted) with the court to secure your release and act as assurance that you will return to stand trial for the crimes for which you have been accused. After the trial, and any other appearances that you may be required to make, your bail will be returned to you, minus a small administrative fee. If you don’t return to stand trial, the court will keep the money or property you posted as bail.

    How Much Bail Will I Need to Pay in Tulsa?

    The exact amount of bail that you will be required to pay will be determined by the judge and will depend on a number of factors, including:

    • The severity of the crime of which you are accused.

    • The number of charges against you.

    • Your prior criminal record.

    • Your ability to pay.

    • How likely you are to return for trial.

    The court’s aim is to assign a bail amount that is appropriate for your crime and that will provide adequate incentive for you to return to stand trial. In some cases, such as where the defendant’s crime was particularly heinous, or where the defendant faces the death penalty, a suspect will not be allowed to post bail at all.

    A Bail Bond in Tulsa

    In some cases, you may be released on a Tulsa signature bond, where you simply promise to return to court on schedule and perhaps pay a bond amount if you fail to appear. In most cases involving felony charges and in many misdemeanor cases, you will be required to deposit money with the court to win your release. If you don’t have the money (or equivalent value in property) to post bail, you may obtain a bond from a bail bondsman or bond agent. To put it simply, a bond is a loan from the bail bondsman to satisfy your bail amount and it is secured by some form of collateral. The bondsman assumes responsibility for your bail in exchange for a fee, typically 10% of the bond amount. If you don’t show up for your trial, the bondsman will also keep the collateral as payment for assuming the risk.

    Should You Post Bail or Get a Bond in Tulsa?

    In many cases, especially for minor misdemeanor offenses, you may be released from jail on your own recognizance. In this case, neither bail nor bond will be needed. But if you are not released from jail on your own recognizance, whether or not you choose to post bail or obtain a bond to secure your release from jail will depend largely on your ability to come up with the money.

    If you have the money, you don’t mind having it tied up for the duration of your trial and you are sure that you will show up for court, posting bail will ultimately be cheaper than getting a bond.  If you show up for court, all of your money will be returned to you (minus a small administration fee), whether you are found innocent or not.

    On the other hand, if you don’t have the means to satisfy your bail amount, obtaining a bond from a bail bondsman may be your best and only option to be released from jail until trial. However, it will cost you 10% of the bond amount and you risk losing whatever property you pledged as collateral, if you don’t show up to court. Furthermore, the bondsman may employ the service of bounty hunters to locate you and forcibly bring you back to stand trial.

    Summary

    Your decision to post bail or get a bond will largely depend on whether you have the money or not. Either way, you will face serious consequences if you do not show up for your scheduled court date.

    Of course, you can always choose to remain in jail and await trial, and some suspects choose to do so rather than put their families through financial hardship. If you have been arrested in Tulsa, an experienced Tulsa criminal defense attorney can advise you on whether you should post bail or get a bond to get out of jail.

    Initial Consultation: Tulsa Criminal Attorney

    When you’ve been arrested in the Tulsa area, it’s time to retain a Tulsa criminal attorney who will look out for your legal interests. Contact your defense team at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.

    A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: (918) 256-3400.

    Jerome Hutchinson Avatar

    accept a plea bargainIf you are a defendant in an criminal case, there are a variety of reasons why you may want to accept a plea bargain in Tulsa. For example:

    • to save on legal fees

    • to avoid a lengthy and drawn out trial

    • to be released from jail

    • to reduce the charges against you

    • to receive a lighter sentence

    • to avoid public humiliation

    • to protect others

    Should You Accept a Plea Bargain in Tulsa?

    Before you accept a plea bargain, however, there are several things you may want to consider:

    • Will you be subject to any mandatory sentencing guidelines? This question is especially pertinent if your case is a federal case that will be subject to U.S. Sentencing guidelines. If so, entering into a plea bargain can help you avoid stiff mandatory sentences.

    • Is the crime you are accused of designated as an 85% crime in Oklahoma? If so, you will be required to complete 85% of your sentence before being eligible for parole. You may be able to avoid this by choosing to accept a plea bargain wherein the charge against you is reduced to one that is not an 85% crime.

    • Will you be required to provide evidence to the state or the feds as an informant or undercover agent? It is not uncommon for the state to offer plea bargains to defendants who agree to testify for the state in cases against other defendants.

    • What constitutional rights will you be required to waive? You will typically be required in the plea bargain to waive your rights to self‐incrimination, a jury trial, and the right to confront and cross‐examine your accusers. In addition, if convicted of a felony, you will lose the right to use, own or possess a firearm, the right to sit on a jury and the right to vote,  just to name a few.

    • Will you be required to disclose information regarding prior criminal activity, even if it is unrelated to your current charges?

    • Will your decision to accept a plea bargain increase the possible sentence you will receive if you are charged with a crime again in the future? In other words, will the punishment for future crimes be made stiffer as a result of your conviction? In Oklahoma, a felony conviction “after former conviction of a felony” (AFCF) will mean that you will have to serve a minimum sentence of 10 years in prison for the second offense. A third conviction will mean a minimum of 20 years in prison.

    • Is the crime one that will require you to register as a felon or sex offender?

    • Is a drug test required?

    • If you receive probation as part of your plea bargain, will it be supervised or unsupervised probation?

    • What travel restrictions will you be subject to during your probation? Your ability to travel may be severely limited during your conviction. In addition, a drug, immigration or sex offense may ban you from travel to a particular country forever if you are convicted of a crime in that country or in your home country.

    • What will be the consequences if you violate your probation?

    • What civil rights will you lose as a result of your conviction? Being convicted of a felony can affect your ability to exercise certain civil rights, such as your right to vote, own a gun or hold public office. If you are a public official, losing your right to hold public office could mean the end of your career, as felons are precluded from holding public office.

    • Will your conviction prevent you from continuing to work in your chosen profession? In Oklahoma, convicted felons cannot be employed as bank officers, corporate directors, realtors, chiropractors or social workers, to name a few. In fact, since felons are not bondable, you will not be able to work in any position in which you must be bonded. It is also highly unlikely that after your conviction you will be able to practice law, medicine or any regulated industry or profession. In addition, you will not be able to work in a school or be employed by the State of Oklahoma.

    Conclusion

    Whether or not you should accept a plea bargain depends on the particular circumstances of your case. Although a plea bargain may seem to be in your best interest, there are a variety of things to consider. Before you accept a plea bargain, talk to an experienced Tulsa criminal defense lawyer who is familiar with cases such as yours.

    Contact your defense team at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation. A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call now: (918) 256-3400.

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      Tulsa, OK 74119

      Tulsa Criminal Defense Law Firm offers counsel and representation for most criminal defense matters, in Tulsa and the surrounding counties. The skilled defense team can represent you before charges are filed, during investitations or arrests, before trial, at trial, through the appeals process, and if necessary in any probation or parole processes.

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