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Anyone who has been convicted of a crime that requires jail time in Tulsa, Oklahoma may be eligible to serve time on probation instead. This is called a suspended sentence.

However, if you fail to abide by the conditions of your probation, the prosecutor may file an application to revoke probation in Oklahoma.

Understanding Suspended Sentences

If a judge orders you to serve a suspended sentence, you will have to serve on probation for the length of what would be your prison sentence.

So, if you’ve been convicted of a crime and the judge sentences you to five years in jail, he may suspend that sentence and you can serve five years on probation instead.

Probation is not complete freedom, however. You will be required to follow several rules and guidelines to stay out of jail.

Penalties for Probation Violations

When you’ve violated the terms of your probation, a court may impose relatively minor penalties, which may include:

• a short-term jail sentence;
• required attendance in a day treatment center;
• required community service completion;
• participation in outpatient or inpatient treatment;
• monetary fines,
• or stricter curfews.

The Application to Revoke Probation in Oklahoma

When someone on probation has either repeatedly failed to abide by their probation or has committed another crime during this time, a prosecutor may file an application to revoke probation in Oklahoma.

The judge will hold a hearing to determine if your probation should be revoked. If he determines that he should revoke your probation, you will have to serve the remained of your sentence in jail.

The hearing will only address whether you have violated your probation, but you will be entitled to an attorney. (Ok. Stat. Tit. 22 Sec. 991(b))

Initial Consultation: Tulsa Probation Lawyer

If an application to revoke probation in Oklahoma is filed against you, it could cause the loss of your liberty.

Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law).

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

The criminal act of fraud should not be taken lightly in Tulsa, Oklahoma.

False impersonation charges in Oklahoma are usually constituted as fraud, and can lead to serious legal troubles.

If you face false impersonation charges in Oklahoma, contact an experienced Tulsa fraud defense lawyer today.

Types of False Impersonation Charges in Oklahoma

There are several ways someone can face false impersonation charges in Oklahoma.

One of the more widely-known ways is impersonating an officer. Under Oklahoma law, anyone who wears an officer’s uniform or any other insignia of office or represents themselves as a police officer is guilty of impersonating an officer.

In fact, it is illegal to impersonate any type of “public officer, civil or military, any firefighter, any law enforcement officer, any emergency medical technician or other emergency medical care provider, or any private individual having special authority by law to perform any act affecting the rights or interests of another.”

Anyone found guilty of impersonating an officer may face a misdemeanor conviction, six months in county jail, and a $2,000 fine. (Ok. Stat. Tit. 21 Sec. 1533).

Anyone who was impersonating an officer to create a “sham legal process,” may face a felony conviction, two years in state prison, and a $5,000 fine.

Impersonating another person under the following circumstances also carries strict penalties:

1. Marrying or pretends to marry, or to sustain the marriage relation toward another, with or without the permission of such other person; or,
2. Becoming bail or surety for any party, in any proceeding whatever, before any court or officer authorized to take such bail or surety; or,
3. Subscribing, verifying, publishing, acknowledging or proving, in the name of another person, any written instrument, with intent that the same may be delivered or used as true; or,
4. Doing any other act whereby, if it were done by the person falsely personated, he might in any event become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture or penalty, or whereby any benefit might accrue to the party personating, or to any other person.

Anyone who does any of the above may be convicted of a felony offense and can face up to 10 years in state prison. (Ok. Stat. Tit. 21 Sec. 1532)

Lastly, impersonating someone else in order to receive money or property, knowing it is intended to be delivered to the individual being impersonated is also a crime punishable by ten years in prison. (Ok. Stat. Tit. 21 Sec. 1533)

Not only does rape in Tulsa, Oklahoma have serious legal consequences, it can ruin your reputation even if you are simply accused of this crime.

If you’ve been charged with rape in Tulsa, it is important that you don’t try to fight the charge yourself.

You will need an experienced Tulsa criminal defense attorney on your side who understands the law and knows how to build a strong defense.

Defining Rape in Tulsa

Rape in Tulsa is governed by Oklahoma law, which states that it is illegal to have sex with someone under the following circumstances:

1. The victim is under sixteen (16) years of age;

2. The victim is mentally incompetent to give legal consent through mental illness or any other unsoundness of mind;

3. Force or violence is used or threatened;

4. The accused has purposely given the victim a narcotic or anesthetic agent to force the victim to submit;

5. The victim is unconscious;

6. The victim submits to sexual intercourse under the false belief that the person committing the act is a spouse;

7. The victim is in prison and engages in intercourse with a state, federal, or local government employee; or

8. The victim is a junior high/middle school or high school student between the ages of 16 and 19 and engages in sexual intercourse with an employee of the same school system who is at least 18 years old.

Consent is never a defense in any of these circumstances. Therefore, if an adult had consensual sex with a 15-year-old he will still be guilty of rape.

Or, if a woman told a man that she wanted to have sex with him, and then passed out, the man would still have committed rape since she was unconscious at the time.

All a prosecutor must prove is that intercourse occurred under any of the above circumstances.

Oklahoma Rape Penalties

Rape in Tulsa occurs in either the first-degree or second-degree.

First-degree rape usually involves victims who are age 14 or younger or incapable to consent due to intoxication, unconsciousness, or mental disabilities.

The use of instruments or foreign objects is also first-degree rape.

All other instances of rape in Tulsa are considered to be second-degree rape.

First-degree rape is punishable by at least five years in prison.

Second-degree rape is punishable by at least one year in prison.

Initial Consultation: Tulsa Felony Defense Lawyer

A conviction of rape in Tulsa can lead to years in jail and severely alter one’s life.

If you or someone you know is faced with this charge, consult with an experienced attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law).

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

Tulsa, Oklahoma kids are often not strangers to getting into some form of trouble.

Although some kids get into trouble with their parents at home or with their teachers at school, others may get into more serious trouble if they break the law.

Minors who break the law are at risk of being tried on Oklahoma juvenile delinquency charges, which can negatively impact their lives.

If a minor in your life has been caught in a criminal act, don’t wait to obtain effective legal representation.

What is Oklahoma Juvenile Delinquency?

Under Oklahoma law, a delinquent minor is anyone who has violated a court order or any state, federal, or local law.

However, breaking traffic laws does not necessarily equate a violation of Oklahoma juvenile delinquency laws. Exceptions of course could apply if the minor’s driving offenses are chronic or especially heinous.

Juvenile Proceedings

Unlike adults, minors who break the law are not typically tried in criminal courts. Instead, their guilt or innocence in determined in an adjudicative hearing.

If a judge determines that there is enough evidence that the minor committed the crime, he will be “adjudicated delinquent,” but not “guilty.” Minors are not entitled to a jury trial in an Oklahoma juvenile delinquency proceeding.

Upon a finding that a child has been adjudicated delinquent, the court may order a number of services or punishments the minor must undergo. A child who has been adjudicated delinquent will not go to jail, however.

The court may order that the minor be placed on probation and required to abide by strict rules.

The court may also require the child to be placed in community residential treatment if they have been caught using drugs or alcohol or behavioral reformation camps if they have behavioral issues.

The court may also require a minor to undergo drug treatment, counseling, educational services or any other treatment it believes is appropriate.

Juvenile Centers

Delinquent minors who have committed more serious crimes may be held in juvenile detention centers. These centers are similar to jail, but are only for children and may include services and programs designed to get kids back on the right path.

Juveniles who must be detained are usually held in either the Central Oklahoma Juvenile Center (COJC) or Southwest Oklahoma Juvenile Center (SOJC).

Teenagers who commit very serious crimes, such as rape or murder, can be tried as adults in Oklahoma. As a result, they may be forced to go to an adult prison.

Fighting a Delinquent Minor Charge

Fighting any charge brought against a minor is similar to fighting a criminal charge brought against an adult. The state will be required to present evidence to show that the child committed the crime beyond a reasonable doubt.

An experienced Tulsa, Oklahoma juvenile delinquency attorney will help build a defense that a minor’s actions did not meet each of the crime’s requirements–called elements–beyond a reasonable doubt.

Or, an attorney may help to negotiate a lesser punishment for the crime committed. This may include negotiating counseling instead of detention, for example.

Initial Consultation: Tulsa Child Delinquency Lawyer

Being adjudicated delinquent can interrupt a minor’s life. They may be removed from their school and home for weeks or months at a time.  An attorney can help ensure that they receive the best possible outcome possible under the circumstances.

Consult with an experienced Oklahoma juvenile delinquency attorney at the Tulsa Criminal Defense Law Firm today at (918) 256-3400, or toll-free at 1-(888) 447-7262 (Wirth Law).

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.