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    Oklahoma Defense Blog

    • Jerome Hutchinson

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    Oklahoma appellate lawyerEveryone convicted of a crime in Oklahoma has the statutory right to an appeal. If the appellate court decides to grant the appeal, it may choose to reverse the trial court’s decision, in whole or in part.

    When Does a Reversal Occur in Oklahoma?

    A reversal occurs when an appellate court rules that the lower court’s ruling was incorrect and and reverses the judgment. When this happens, the lower court is ordered to either dismiss the case, modify its judgment or retry the case entirely.

    What is Required for the Appellate Court to Reverse a Lower Court’s Ruling?

    A reversal may be granted for any of the following reasons:

    • Legal or procedural errors

    • Jury misconduct

    • Prosecutorial misconduct

    • Ineffective assistance of counsel

    • New evidence

    For example, an appellate court may find that a trial court must change its ruling because the state prosecutor withheld vital evidence. The appellate court may then order the trial court to reverse its guilty verdict, or retry the case with new instructions to avoid the errors made in the original trial.

    What Happens When the Appellate Court Reverses a Lower Court’s Ruling?

    A judgment is usually reversed entirely, and the case is sent back to the trial court for the judgment to be modified, or for the case to be dismissed or retried. In some cases, however, the appellate court may only partially reverse the trial court’s judgment. For example, the appellate court may uphold the conviction, but find that there was an error made in how the defendant was sentenced. In this instance, the conviction will be confirmed and the case will be sent back to the trial court for re-sentencing only.

    Confidential Consultation: Tulsa, Oklahoma Appellate Lawyer

    When you’ve been convicted of a crime in Tulsa or any surrounding Oklahoma county, it’s time to retain an Oklahoma appellate attorney who will help you exercise your right to appeal your conviction. Contact your defense team at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.

    A Tulsa, Oklahoma appellate lawyer can advise you on how the appeal 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 an Oklahoma 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

    Metabolite DUI-DOklahoma’s new Metabolite DUI-D law sets strict standards for the amount of a controlled substance allowed in a driver’s blood. As a result, it is illegal for drivers to have metabolites in their bloodstream that are commonly associated with the recent use of a Schedule I drug, such as marijuana.

    Many states have legalized the use of marijuana in some form, ranging from use for medical purposes only to the legal possession of small quantities for recreational use.

    Marijuana, however, remains illegal in Oklahoma, and the new law that went into effect on October 1, 2013, is primarily aimed at drivers who have trace amounts of the drug in their system.

    Besides marijuana, the law will give drivers a DUI-D if they have trace amounts of any Schedule I drug in their system, including drugs such as heroin, LSD, ecstasy, and bath salts. Critics argue, however, that the new law threatens drivers who have done nothing wrong.

    Issues with Oklahoma’s Metabolite DUI-D Law

    While the law is notably aimed at keeping those who are intoxicated with Schedule I drugs off the road,  it could unnecessarily punish drivers who have legally used drugs for medicinal purposes, such as marijuana, in another state and then returned to Oklahoma weeks later with traces of the drug still in their system.

    In addition, some metabolites that indicate the use of certain Schedule I drugs are also found naturally in the human body. In fact, the body naturally produces certain metabolites associated with the use of an illegal substance during stressful situations, strenuous exercise, or as a reaction to painful stimulus.

    Furthermore, certain commonly consumed food products, such as poppy seeds, produce trace amounts of morphine in the body, which can mistakenly be seen to indicate the recent use of heroin.

    Moreover, some prescription drugs, such as pain medication that contains codeine, metabolize into a Schedule I drug once they are in the human body. As a result, someone who has been using legal medication may be charged with a DUI-D, since the law clearly states that possession of a prescription is no defense to a DUI-D conviction.

    For these reasons, many argue that the law is overreaching, since it can lead to more false positives and charges levied against drivers who were not intoxicated than charges against drivers who are indeed intoxicated with an illegal Schedule I drug. Additionally, drivers should be able to avoid a conviction if they have a valid prescription for a drug that metabolizes and shows as a Schedule I drug in their system.

    Proponents of the law, however, argue that the law is reasonable since Oklahomans are not allowed to be in possession of Schedule I drugs anyway. Also, supporters of the law emphasize that a police officer must have probable cause to stop a driver, and the driver must fail a field sobriety test before a test will be administered to check for the presence of Schedule I drugs in his or her system.

    What To Do if You are Charged with DUI-D in Oklahoma

    While the new law was likely written to target those who drive under the influence of marijuana, the state will have to rely on confessions to prove a DUI-D since the current law lacks rules and procedures that conclusively test for and indicate the recent use of Schedule I substances. In order to get the necessary confession, the police may attempt to cajole or intimidate the suspect.

    For this reason, it is important that you 1) exercise your constitutional right to remain silent when being questioned, and 2) consult with an experienced defense attorney before admitting to anything if you are suspected of driving under the influence of marijuana or any controlled substance.

    Initial Consultation: Tulsa DUI Attorney

    If you’ve been arrested for a DUI in Oklahoma, it’s time to reach out to a team that knows how the police and prosecutors in Tulsa operate. Just because you’ve been arrested doesn’t mean you don’t have rights. That’s why you need a Tulsa DUI Attorney who can provide skillful 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 DUI attorney to call you or reach you by email, click here to ask your questions via the online consultation request form.

    Jerome Hutchinson Avatar

    juvenile defenseIn most states, a juvenile can be charged in the same manner as an adult for almost any crime. However, correctional methods for adults are are often inappropriate for juvenile offenders. Thus, the Federal Juvenile Delinquency Act was established, upon which the Oklahoma juvenile legal system is based, to deal with criminal offenses committed by minors.

    The aim of this law, which prescribes rules and procedures that states must follow when dealing with underaged suspects, is to employ rehabilitation and occupational training to prevent juveniles from becoming repeat offenders. This article discusses briefly the legal process for juvenile offenders in Oklahoma. For more detailed information, consult a knowledgeable juvenile defense attorney.

    Juvenile Criminal Procedure in Oklahoma

    In Oklahoma, when a juvenile is charged with a crime, the charges will typically be handled in a juvenile court, as opposed to a regular criminal court.
    These  cases, referred to as “delinquent cases,” include a wide variety of criminal charges, among them:

    • Underage DUI, DWI, and drunk driving.
    • Drug possession, possession of drug paraphernalia, and various other drug-related charges.
    • Truancy.
    • Shoplifting.
    • Vandalism.
    • Theft or other property crimes.
    • Burglary.
    • Robbery.
    • Rape.
    • Assault and battery.
    • Shootings and other violent crimes.

    In accordance with Oklahoma juvenile procedure, if a police officer suspects a juvenile of committing a crime, the juvenile may be either:

    • detained, warned, and released;
    • detained, warned, and released into the custody of a parent or guardian; or
    • detained, held in custody, and his or her case referred to a juvenile court for assessment.

    If the case is referred to a juvenile court for assessment, the intake officer or the prosecutor will make a decision as to whether the case will be:

    • Dismissed, in which case the juvenile will normally be released into the custody of a parent or legal guardian.
    • Handled informally, in which case the juvenile will be brought before a probation officer or judge to be warned to avoid future offenses. The judge may also order the minor to attend counseling or an after school program, or to perform community service. The judge may put the minor on probation or continue to hold him/her in custody. In addition, the juvenile may be required to pay a fine and reimburse the victim(s) of his/her crime for whatever loss or damage to property occurred as  a result.
    • Formally charged, in which case a petition will be filed with the juvenile court and the case will be placed on the court’s calendar. Afterwards, the juvenile will be formally charged before a juvenile court judge or referee. At this point the judge will decide upon a “fitness hearing,” in which the decision will be made to try the defendant as a juvenile or as an adult in a regular court.

    If the defendant is to be tried as a juvenile, he or she has the option of accepting a plea bargain or going to trial (adjudication).

    If pursuant to the trial, the judge “sustains the petition,” which means the charges are upheld, the defendant will receive a sentence (a disposition) and may be ordered to appear in court periodically afterwards, so that his or her behavior may be monitored.

    Initial Consultation: Tulsa Juvenile Defense Attorney

    If your child is facing charges under the juvenile legal system in Oklahoma, your child’s future may very well be at stake. You should waste no time in contacting an attorney who is experienced in juvenile defense and who can assist you in getting your child out of the juvenile system, out of trouble, and back on the right track.

    Contact the defense team at Tulsa Criminal Defense Law Firm today for a low-cost 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 Criminal Defense Law Firm Practice Areas

      tulsa ok criminal defense attorney

      500 W. 7th St, Ste. 114

      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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