Criminal Procedure

If 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.

If 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.

If you have been charged with a crime that could result in a jail sentence, you have a constitutional right to plead not guilty and be tried before a jury of your peers. However, it is often in a suspect’s best interest to explore the option of entering into a plea bargain in Oklahoma.

What is a Plea Bargain?

A plea bargain is a legally binding agreement made between the defendant and the state prosecutor in which the defendant agrees to plead guilty and forego a trial in exchange for a desired incentive, typically a reduction in the charges against him or the possible sentence he faces if convicted.

How Plea Bargains Work in Oklahoma

A plea bargain may take place at any time after the initial arraignment, from the preliminary hearing until the day of the actual trial, but will only be valid in the presence of three crucial components:

1. A knowing waiver of your rights, which means that you understand both the charges against you and that you are waiving your constitutional right to a trial.

2. A voluntary waiver, which means that your choice to waive your rights is not being coerced, induced or made under threat.

3. A factual basis to support the charges brought against you, meaning that there must be sufficient evidence to warrant the charges against you.

You have no constitutional or statutory legal right to a plea bargain and the judge may choose to reject a plea bargain at his or her discretion. In addition, there are certain instances where a plea bargain will not be an option. Typically, however, if a plea bargain is an option, the prosecutor and your defense attorney will do what they can to come to an agreement that is acceptable to all parties concerned, including the judge. Thus, most criminal cases are settled by some form of plea agreement.

Why Should You Accept a Plea Bargain in Oklahoma?

A plea bargain may be in your best interest, for example, when you are actually guilty of the crime you are charged with or when there is a likelihood that you will be convicted of the crime regardless of your innocence. In these situations, a plea bargain will allow you to, among other things:

• avoid a long and drawn out trial process

• reduce the charges

• reduce the possible sentencing range

• negotiate a lesser sentence

• negotiate a deferred, split or suspended sentence

• negotiate the date upon which you will begin serving your sentence

• negotiate the facility in which you will serve your sentence

Again, a plea bargain is not a constitutional right, and it must be approved by the judge presiding over your case before it will be allowed. Your attorney can only recommend that the court accept the plea bargain, which will only happen if both parties approve of the agreement and the judge finds it acceptable as well. If not, your attorney and the prosecutor will have to return to the negotiation table to work out an agreement acceptable to the court. For this reason, if you require assistance securing a plea bargain, waste no time in retaining the services of an attorney who is both experienced in criminal defense and skilled in the art of negotiation.

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.

When you have been accused of a crime by the police, it is typically because they have obtained evidence implicating you as the perpetrator. However, the police are just as likely to be mistaken as anyone else; and the United States Constitution provides every citizen accused of a crime with several constitutional right aimed at protecting your innocence before actually being found guilty. The following information is a list of the most important constitutional rights that you should be aware of if you are accused of a crime in Oklahoma.

You Are Innocent Until Proven Guilty

Even if you have been arrested for the crime of which you have been accused, in the eyes of the law you are still innocent until the state can prove that you are not. This requires them to prove before a judge or jury that you are guilty beyond a reasonable doubt, which is a high burden of proof.

You Have the Right to Remain Silent

The U.S. Constitution gives you the right to remain silent so as not to incriminate yourself. You should remain silent and refrain from offering any information to the police, unless you are being advised by an attorney.

You Have the Right to Know of What Crime You are Being Accused

Pursuant to the Sixth Amendment to the Constitution, anyone arrested for a crime has the right to know of what crime they have been accused.

You Have the Right to be Released on Bail Until Trial

The Eighth Amendment to the Constitution entitles you to be released from jail until trial, unless there is reason to believe that you might not return to court. In addition, the bail required for your release must be set at a reasonable amount and must not be “excessive.”

You Have the Right to a Speedy and Public Trial

You have the right to be tried in a reasonable amount of time after you have been formally charged with a crime. This means that your trial should be free from unreasonable delays that may jeopardize your defense. In addition, to insure the transparency of our criminal justice system, with the exception of certain juvenile procedures, you have the right to a public trial.

You Have the Right to Representation by an Attorney

You have the right to be represented by an attorney. If you cannot afford an attorney, the court is required to provide one for you. This is one of your most important constitutional rights. When you are accused of a crime, you should always consult with a criminal defense attorney before making any decisions or answering any questions.

Initial Consultation: Tulsa Criminal Attorney

When you’ve been accused of a crime 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 low-cost confidential consultation.

If you have been accused of a crime in Oklahoma, exercise your right to have an attorney immediately. Contact the criminal defense attorneys at (918) 256-3400.

Criminal law and civil law are very distinct areas of law, each with their own rules and procedures. This article is a brief explanation of the difference between a civil case and a criminal case in Tulsa, Oklahoma.

Criminal Law vs. Civil Law in Tulsa, Oklahoma

Criminal law involves prosecuting those who have broken the the law. For example, a person may be prosecuted by the state and sentenced to time in jail and a monetary fine for committing an act such as theft, assault, or murder.

On the other hand, the objective of civil law is to allow individuals or legal entities to seek compensation from other individuals or legal entities for losses they have sustained as a result of that person’s or entities’ wrongful conduct, or to have that conduct ordered to cease.

For example, a driver injured in an auto accident may bring a civil suit against the other driver(s) that caused the accident to receive compensation for medical expenses, lost wages, damage to the automobile, as well as for pain and suffering.

Another difference between a criminal case and a civil case is in how they are initiated. A criminal case is initiated by the state prosecutor, who will decide independently, or by use of a grand jury, whether or not charges will be filed against you. It will then be the prosecutor’s responsibility to prove beyond a reasonable doubt that you are guilty of the crime as charged.

A civil case is initiated by an individual or entity and their lawyer(s). They are then responsible for proving to the court, by a preponderance of evidence, that they have experienced a loss due to your wrongful conduct and that you are liable to compensate them or refrain from the conduct in question.

A Criminal Case vs. a Civil Case in Tulsa, Oklahoma

In criminal cases, your freedom is at stake because the government can put you in jail if found guilty of some conduct that is criminal in nature. In a civil case, you may be ordered to compensate someone else, financially, for some wrongful conduct on your behalf.

What can be confusing is that the government can also be a plaintiff in a civil suit, such as in the case of certain “class action” lawsuits, where the government sues corporations for compensatory damages on behalf of the general public. Likewise the government can also be a defendant in a civil suit, whereby the government is being sued by an individual or corporation for some negligence on its part.

So, the real question is whether there is money or a person’s freedom at stake. If your freedom is at stake, it is a criminal case. If the case is just one in which you will have to pay money to another, or be ordered to do or refrain from doing something, it is a civil case.

While each case is unique and results in your case depend on your individual circumstances, the criminal attorneys at Wirth Law Office – Tulsa have a solid track record of winning dismissals, acquittals, and legal victories for clients.

To discuss your specific case, contact a skilled Tulsa criminal attorney for a low-cost initial strategy session and case evaluation. Call today — 918-256-3400.