Criminal Procedure

A sentence is the final pronouncement of the punishment you will receive for the particular crime for which you have been convicted.

The jury in a court of law is allowed to recommend a sentence to the court, but it is the judge who ultimately makes the final decision.

The sentence you will receive for a crime in Oklahoma can range from just a fine or community service to life imprisonment, or the death penalty for capital offenses.

Here is how you can know what the sentence for your crime will be in Oklahoma.

Oklahoma Legal Statutes

In many cases, a legal statute will dictate what sentence you will receive for a particular crime. For instance, a legal statute may define a particular act as a crime and prescribe the specific sentence that a defendant convicted of that offense will receive. This is true for all felonies in the state of Oklahoma.

For example, Oklahoma legal statutes define the sale or distribution of marijuana in excess of 1,000 pounds as a felony. This is subject to four years to life in prison, and a maximum fine of up to $500,000.

Thus, to find out what sentence a felony offense in the state of Oklahoma carries, you can simply consult the particular legal statute that defines that offense. Also, an experienced criminal defense attorney can advise you about the statutes that may affect sentencing for your particular case.

The Judge

For misdemeanors, the law does not specify exactly what sentence a particular offense will be subject to receive. For these crimes, the sentence is specified in a separate law that governs the sentences for all crimes of a specific nature. It is then the judge’s responsibility to determine what punishment fits your crime.

In these cases, the law will suggest a sentencing range for a particular class of misdemeanors, within which the judge will make a final determination after having considered all of the factors involved in your case.

For example, a certain class of misdemeanors may be subject to a maximum fine of $1,000 or six months in jail, or both. The judge will then look at the circumstances of your particular offense as well as your criminal record and impose a sentence.

Mandatory Sentencing Laws

Federal and state laws may also set mandatory maximum and minimum sentences within which a judge is obligated to comply. For example, if a particular crime carries a mandatory minimum five-year prison sentence, the judge will be powerless to sentence you to less time.

Again, in these cases you will need to consult the federal or state law governing the particular class of offenses and prior case history to see what sentence you should expect. To do so, you should consult with an experienced criminal defense attorney who is familiar with sentencing for the particular offense you have been charged with. A skilled criminal defense attorney can examine the particulars of your case to help you find out what the usual sentence for your crime will be in Oklahoma.

Initial Consultation: Tulsa Criminal Defense Attorney

The state of Oklahoma imposes some of the harshest penalties in the nation. Fines, restrictive probation, and lengthy confinement are only part of the cost. A criminal conviction can cost you future job opportunities, your credit rating, your prestige among peers, and even your basic civil rights. 

A Tulsa criminal defense 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.

While in popular media and other forms of public discourse there is a lot of focus on crime and the criminal justice system in general, there is very little emphasis on probation or parole specifically. So, it’s easy for one to be unaware that there is even a difference between probation and parole.

Both are important parts of the criminal justice system that can reduce the amount of time a convict spends behind bars. This article explains the main difference between probation and parole, and how they can benefit you or a loved one who has been convicted of a crime.

Probation and Parole in Oklahoma

While there are many who are against criminal offenders being released to serve their sentences in the community, of the estimated 7 million offenders under correctional supervision in the United States, only 2 million are in jail or prison at a cost to the government of approximately $40,000 per individual, per year. The rest are on probation (3 million) or parole (2 million) at an average cost of $4,000 to $5,000 per individual, per year.

So, the majority of offenders are supervised in the community allowing the federal government and state governments to save a significant amount of money. This benefit to states and the federal government (and ultimately the taxpayers) must be weighed against the need to keep our communities safe; nevertheless, it remains the largest single reason for the existence of probation and parole.

Probation in Tulsa, Oklahoma

Probation is a sentencing alternative available to judges to employ for less serious offenders. It can be employed in lieu of incarceration, and it imposes certain conditions and restrictions on the convicted person’s release.

For instance, if you are a first-time offender or your offense is not of a serious nature, the judge may allow you to serve your sentence in the community on probation and under the supervision of an officer of the court, for one to several years. If you comply with the conditions of your probation, you can remain free. However, if you violate any of the conditions of your probation, you may be ordered to spend the rest of your sentence behind bars.

Parole in Tulsa, Oklahoma

Parole, on the other hand, is an early release from prison. So, you must have previously been convicted and already be serving time behind bars to be granted parole.

Parole is a privilege, not a right, and typically only those inmates whom:

• meet certain requirements as to their conduct while incarcerated;
• express remorse for their crimes; and
• are deemed less likely to reoffend

will be eligible for parole.

In addition, some convicts have been sentenced by the judge to serve time without the possibility of parole and anyone convicted of violent crimes and sex offenses in Oklahoma will have a difficult time getting paroled from prison.

However, if you are indeed paroled from prison, your may remain free to serve the remainder of your sentence in the community, as long as you abide by the conditions of your release. If you violate any of the conditions of your release, you may be returned to prison to complete the remainder of your sentence behind bars.

The Main Difference Between Probation and Parole

The main difference between probation and parole is the jail time. There is typically little or no time to be served with probation, while parole is an early release from time already being served, typically for much more serious offenses.

Probation and parole are similar in that in each case the offender is allowed to complete all or a portion of their sentence in the community under certain conditions and restrictions while being supervised by an officer of the court. These conditions include:

• Regularly reporting to a parole or probation officer.
• Not committing any additional crimes.
• Not leaving the state of Oklahoma unless the offender obtains written approval in advance.
• Not using or having any drugs in one’s possession.
• Avoiding contact with other offenders.
• Submitting to random searches and drug tests.

Summary

If you are on parole from prison and adhere to the conditions of your release, you will be able to remain free while completing the remainder of your sentence. Likewise, if you are sentenced to probation and abide by the rules, you will not have to serve any time in jail. Furthermore, certain offenders who are sentenced to probation, and meet all of the conditions of their release, may later have the charges against them dismissed altogether.

So, in both cases, strict adherence to the conditions of your release is extremely important to your freedom. If you are on probation or parole and are having any trouble complying with any of the conditions of your release, you should speak with an attorney and your parole office before it becomes an issues that jeopardizes your eligibility to remain free.

Initial Consultation: Tulsa Criminal Attorney

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 Tulsa Criminal Defense Law Firm now: (918) 256-3400.

What’s the difference between an indictment and a conviction In Tulsa, Oklahoma?

Although there are a significant differences between the two concepts, the terms indictment and conviction are often misunderstood and taken to be merely different terms for the same concept. However, the difference between the two concepts is significant and is explained below. To find out more information in detail, contact a knowledgeable Tulsa felony defense lawyer.

What is an Indictment in Oklahoma?

An indictment is the formal process by which a grand jury brings a felony charge against an individual.

Certain state felony charges and all federal criminal charges require a grand jury indictment before charges can be filed.

This allows the suspect to 1) respond to the charges and 2) begin to prepare his or her defense.

In Oklahoma, the grand jury consists of 12 members who review the evidence presented by the state prosecutor and decide whether or not there is probable cause to conclude that the suspect committed the crime. The burden of proof here is different than for a conviction, where the guilt must be proven beyond a reasonable doubt. A Tulsa felony defense lawyer can discuss an indictment with you in greater depth.

The Difference Between an Indictment and a Conviction in Oklahoma

The main difference between a conviction and an indictment is that an indictment only establishes whether or not there is enough evidence to charge a suspect with a crime. If so, the suspect must then actually be tried and convicted by a judge or jury in a criminal trial.

A conviction, on the other hand, is the actual result of a defendant being found guilty by a judge or jury of his or her peers in a criminal trial, which will then be followed by criminal sentencing. Consult a skilled Tulsa felony defense lawyer for more information about indictments and convictions in Oklahoma.

Confidential Consultation: Tulsa Felony Defense Lawyer

If you are a suspect in any felony proceedings in Tulsa or the surrounding Oklahoma counties, it’s time to reach out to a team that knows how the police and prosecutors in Tulsa operate. Just because you are suspected of a criminal offense doesn’t mean you don’t have legal rights that need to be met. That’s why you need a Tulsa Felony Defense Lawyer who can provide skillful, aggressive and compassionate assistance  to your specific case.

Simply call our team at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a initial, no-hassle confidential consultation. If you prefer a felony defense attorney 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.

An appeal is a request made by a defendant who has been convicted by a judge or jury in a lower court to have the conviction reviewed and changed by a higher court.  All defendants in Oklahoma enjoy an automatic right to appeal their conviction. However, in the absence of errors, the appellate court will not rule against a lower court’s judgment and you may need to make a further appeal to higher court.

Appealing to a Higher Court in Oklahoma

The first level of appeal in Oklahoma is to the Court of Criminal Appeals. In Oklahoma’s bifurcated appellate system, the criminal appeals court is the first and only venue for virtually all criminal appeals.

In some cases it may be possible to pursue an appeal of an Oklahoma criminal case through the federal courts by petitioning the the U.S. Court of Appeals for the Tenth Circuit.

If you have been convicted of a federal crime, your first appeal in Oklahoma will not be with the Oklahoma Court of Criminal Appeals, but to the U.S. Court of Appeals for the Tenth Circuit.

What is Required to Appeal to a Higher Court in Oklahoma?

In most cases, after the first appeal, you need to request permission before you can file an appeal with a new court. An appeal to the federal court from the State Court of Criminal Appeals needs to be based on “federal issues” – typically, an issue which pertains to the constitutionality of the lower court’s rulings.

Furthermore, your attorney must remember to first raise these issues with the state appellate courts, in order to “preserve” the issue for your federal appeal in Oklahoma.

Again, an appeal in Oklahoma isn’t a retrial, but is a review of the court record to ensure that there were no errors made by the lower court in reaching its judgment. So, if your efforts to appeal ultimately fail, the lower court’s ruling will be affirmed and you will be required to begin to or continue to fulfill whatever sentence you received in the original trial.

Confidential Consultation: Tulsa Oklahoma Appellate Lawyer

The defense team at Tulsa Criminal Defense Law Firm 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 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.

Although thousands of arrest warrants are issued every year, it is not absolutely necessary for the police to have a warrant to arrest you. An arrest occurs when a person is taken into custody by the police against that person’s will for the purpose of interrogation or prosecution.

The Fourth Amendment

The police’s use of their legal authority to take you into custody against your will has constitutional implications and is governed by the Fourth Amendment to the Constitution, which states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Warrantless Arrests in Tulsa, Oklahoma

The Fourth Amendment suggests that a warrant should be required for the police to arrest you. However, this mandate is particularly impractical in reality.

For example, if an officer witnesses a suspect committing a crime, the suspect may escape if the officer has to obtain a warrant before making an arrest. For this reason, the courts have ruled that officers, and even private citizens, are allowed to make warrantless arrests if they have probable cause to believe you have committed a crime.

Thus, an officer who witnesses a crime in progress has probable cause to arrest you. Furthermore, if an officer receives information supporting probable cause from other police officers or citizens, the officer can arrest you without a warrant. Likewise, a suspect who flees an officer creates probable cause, and an officer may pursue and arrest anyone who flees.

Terry Stops in Tulsa, Oklahoma

In addition to the right to arrest you without a warrant, an officer may stop and detain you without arresting you if there is reasonable suspicion that you have committed a crime, are in the act of committing a crime, or about to commit a crime. This is referred to as a “Terry stop,” and it can even allow an officer to perform a warrantless search of your person and property without probable cause to arrest you. The evidence the officers find while in their search may then provide probable cause and lead to a warrantless arrest.

Initial Consultation: Tulsa Criminal Defense Attorney

The Fourth Amendment is complex, and each arrest brings a new set of facts and circumstances. While the courts have carved out various exceptions to your right to be free from unreasonable search and seizure, many arrests have their legality successfully challenged  in court.

While each case is unique and results in your case depend on your actions, the criminal defense attorneys at Tulsa Criminal Defense Law Firm have a solid record of winning dismissals, acquittals and legal victories for clients. To discuss your specific case, contact a skilled Tulsa criminal defense attorney for a low-cost initial strategy session and case evaluation. Call today — (918) 256-3400.