Criminal Procedure

Know Your Rights

If you are facing criminal charges in Oklahoma, it is important to understand your Miranda Rights. The Miranda Rights are a set of warnings that law enforcement officers are required to give to individuals who are being arrested or questioned in custody. These warnings inform the individual of their constitutional rights, including the right to remain silent and the right to an attorney.

What is Oklahoma’s Miranda Rights Law?

In Oklahoma, the Miranda Rights are codified in the Oklahoma Criminal Code, Okla. Stat. tit. 22 § 196. This law requires law enforcement officers to provide the following warnings to an individual in custody before questioning them:

1. You have the right to remain silent and refuse to answer questions.
2. Anything you say may be used against you in a court of law.
3. You have the right to consult with an attorney and have that attorney present during questioning.
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

It is important to note that these warnings only apply when an individual is in custody and being interrogated. If an individual is not in custody, law enforcement officers are not required to provide the Miranda warnings.

Historical Oklahoma Miranda Cases

There have been cases in Oklahoma in the 2000s where Miranda Rights were not properly given by police. One example is the case of Lee Roy Banks, who was convicted of first-degree murder in 2000 but later had his conviction overturned due to the police’s failure to give him his Miranda Rights. Banks was arrested for the murder of a police officer, and during his interrogation, he made several incriminating statements without being informed of his rights. The Oklahoma Court of Criminal Appeals ruled that his statements should have been suppressed because of the Miranda violation, and Banks was granted a new trial.

Another example is the case of Stephanie Neiman, who was murdered in 2002, and the man who was later convicted of her murder, Clayton Lockett, argued that his Miranda Rights were not properly given. During Lockett’s trial, his defense team argued that he was not properly informed of his rights and that he did not understand them. However, the court ultimately found that Lockett had waived his Miranda Rights knowingly and voluntarily.

These cases highlight the importance of properly informing individuals of their Miranda Rights and the potential consequences if law enforcement officers fail to do so. If you or someone you know has been arrested in Oklahoma and believe that your Miranda Rights were violated, it is essential to speak with a criminal defense attorney at the Tulsa Criminal Defense Law Firm to determine your legal options.

Don’t Wait to Seek Legal Help – Retain Today

If you have been arrested or charged with a crime in Oklahoma, it is important to contact an experienced criminal defense attorney as soon as possible. If law enforcement officers failed to properly inform you of your Miranda Rights, any statements you made while in custody may be inadmissible in court. An attorney from the Tulsa Criminal Defense Law Firm can review the circumstances of your arrest and determine if your rights were violated.

Additionally, an attorney can provide guidance throughout the criminal justice process, including negotiating plea deals, representing you at trial, and appealing a conviction if necessary. The attorneys at the Tulsa Criminal Defense Law Firm have years of experience defending clients against a wide range of criminal charges, and they are dedicated to providing the best possible legal representation to each and every client.

If facing criminal charges in Oklahoma, don’t wait to seek legal help. Contact the Tulsa Criminal Defense Law Firm at 918-256-3400 today, to schedule a low-cost initial strategy session and learn more about your legal options. The attorneys at the Tulsa Criminal Defense Law Firm are committed to protecting your rights and fighting for your freedom.

Oklahoma’s Good Samaritan Law Means What?

When emergencies happen, it is important to know what to do, especially when someone’s life is at stake. Oklahoma has a Good Samaritan Law that protects individuals who render assistance in emergencies from civil liability. This law is designed to encourage people to act quickly and provide help in emergency situations without fear of being sued. However, there are some limitations to the Good Samaritan Law that you should be aware of. In this article, we will explain the details of Oklahoma’s Good Samaritan Law, its limitations, and what to do if you find yourself in a situation where you need legal help.

The Good Samaritan Law protects individuals from civil liability if they act in good faith, without gross negligence or willful misconduct, and without compensation. This means that if you are a Good Samaritan and act in good faith to help someone, you cannot be sued for any damages that may result from your actions.

Limitations of Oklahoma’s Good Samaritan Law

Although Oklahoma’s Good Samaritan Law is designed to encourage people to act quickly and provide help in emergency situations, it has some limitations. The law does not protect individuals from criminal liability in Oklahoma. If you commit a crime while rendering assistance, such as theft or assault, you can still be charged with a crime. Additionally, the law does not protect individuals from liability if they act with gross negligence or willful misconduct. If you provide assistance that is clearly reckless or dangerous, you may be held liable for any damages that result.

What to do if you need legal help

While the Good Samaritan Law in Oklahoma is designed to encourage people to render in  emergency care or assistance in good faith without compensation and provides legal protection to such individuals, there have been some instances where the law has gone wrong. Here are some examples:

1. In 2019, an Oklahoma City firefighter filed a lawsuit alleging that he was wrongly accused of assaulting a patient while rendering medical aid. The firefighter claimed that he was protected by the Good Samaritan Law, but the patient accused him of intentionally causing harm. The case went to trial, and the firefighter was ultimately acquitted of all charges.
2. In 2018, a Tulsa man was arrested and charged with reckless driving and driving under the influence after he crashed his car while attempting to render aid to a person involved in a car accident. The man claimed that he was protected by the Good Samaritan Law, but the authorities argued that he had been reckless and had put other people’s lives in danger.
3. In 2017, an Oklahoma woman was sued after she attempted to render aid to a person who had been injured in a car accident. The injured person alleged that the woman had caused further harm and had acted with gross negligence. The case went to trial, and the woman was ultimately found liable for damages.

These examples illustrate that while the Good Samaritan Law in Oklahoma provides legal protection to individuals who render emergency care or assistance in good faith without compensation, there are limitations to the law, and it does not protect individuals from criminal liability or liability if they act with gross negligence or willful misconduct. If you find yourself in a situation where you need legal help regarding the Good Samaritan Law in Oklahoma, it is important to contact a qualified criminal defense attorney who can help you understand your legal rights and options.

Choose Tulsa Criminal Defense Law Firm

Understanding Oklahoma’s Good Samaritan Law is important for anyone who may find themselves in an emergency situation. While the law provides some protection to individuals who render assistance, it has some limitations that you should be aware of. If you find yourself in a situation where you need legal help, do not hesitate to contact the Tulsa Criminal Defense Law Firm. With their experience and knowledge in criminal defense, they can help you protect your rights and achieve the best possible outcome. Contact them today at 918-256-3400 to schedule a low-cost initial strategy session.

Youth in Trouble

In Oklahoma, the juvenile justice system adjudicates charges involving minors accused of crimes. The State of Oklahoma established a juvenile justice system to provide guidance, support, and rehabilitation for young offenders while also protecting the public and holding youths accountable for their actions. However, navigating this system can be challenging, which is why having the right legal representation is crucial.

In this article, the Tulsa Criminal Defense Law Firm will discuss the key aspects of Oklahoma’s juvenile justice system and explain why the Tulsa Criminal Defense Law Firm is the right choice for anyone in the Tulsa area dealing with a juvenile criminal case, be it a misdemeanor drug crime to a serious felony charge.

Types of Juvenile Offenses

Although with some exceptions, juveniles are charged under the same statutes as adults, Oklahoma law establishes three distinct sentencing plans for juveniles. Exceptions where crimes are different for youths include youth-related prohibitions such as underage drinking or tobacco use, and certain sexually-based offenses where “Romeo and Juliet law” afford some latitude for youths under the age of 19 engaged in consensual sex with minors 15 years of age or older.

Oklahoma treats juveniles in the criminal justice system as either:

1. Juvenile delinquents: This group is not convicted of crimes, but rather criminal allegations result in a finding a juvenile delinquency. Penalties may include fines, probation, incarceration in a juvenile detention center and various other requirements such as counseling or mandatory school attendance.
2. Youthful offenders: This group may be convicted of adult crimes under the Youthful Offender Act but may serve any incarceration in a juvenile facility. They may also be eligible for rehabilitation programs, and consideration of their age and background in sentencing.
3. Youthful offenders sentenced as adults: For the most serious crimes, youths as young as 13 years of age may be sentenced as adults. They serve their sentences in a juvenile facility until they turn 18, then they are transferred to adult facilities.

Juvenile Delinquency vs Youthful Offender Status

In Oklahoma, juvenile delinquency refers to offenses committed by juveniles that are considered violations of the law if committed by an adult. Juvenile delinquency cases are typically handled within the juvenile justice system and juveniles are subject to different penalties than adults, such as placement in juvenile detention centers or rehabilitation programs.

Youthful offender, on the other hand, refers to juveniles who have committed serious or violent crimes, such as murder, rape, or armed robbery, and are treated as adults within the criminal justice system. Youthful offenders are subject to the same penalties as adult offenders, including placement in adult correctional facilities.

The Oklahoma Youthful Offender Act

In Oklahoma, youthful offenders may be sentenced differently than adult offenders in certain circumstances. The Youthful Offender Act (YOA) allows for certain juveniles to be treated as adults within the criminal justice system and sentenced to adult facilities. However, the YOA also provides some protections for youthful offenders, including:

1. Sentencing considerations: The court must consider the age and background of the youthful offender, as well as the nature and severity of the offense, when determining an appropriate sentence.
2. Rehabilitation programs: Youthful offenders may be eligible for rehabilitation programs that are not available to adult offenders.
3. Sealing of records: Youthful offenders who successfully complete their sentence may be eligible to have their records sealed, which can prevent their criminal history from affecting their future employment or educational opportunities.
4. Parole and release: Youthful offenders may be eligible for parole or release earlier than adult offenders, depending on the circumstances of their case.

However, there are certain offenses that are excluded from the YOA, such as first-degree murder and certain sex crimes. In these cases, the juvenile offender will be tried as an adult and subject to the same penalties as an adult offender.

Key Facts About Oklahoma’s Juvenile Justice System

• Oklahoma has one of the highest incarceration rates for juveniles in the country, with an average daily population of over 500 youth in detention centers.
• The Oklahoma Office of Juvenile Affairs (OJA) is responsible for overseeing the state’s juvenile justice system, including detention centers, community-based programs, and residential treatment facilities.
• In Oklahoma, a juvenile is defined as anyone under the age of 18 who has been accused of committing a crime.
• The Oklahoma Juvenile Code outlines the procedures and guidelines for handling juvenile cases, including arrest, detention, adjudication, and disposition.
• Juveniles in Oklahoma have the right to legal representation, and their parents or guardians have the right to be present during all court proceedings.

Understanding the Juvenile Justice Process in Oklahoma

The process of dealing with a juvenile criminal case in Oklahoma typically involves several steps, including:

1. Arrest: If a juvenile is suspected of committing a crime, they may be arrested by law enforcement officers.
2. Detention: After the arrest, the juvenile may be held in a detention center until a hearing is held to determine whether they should be released or kept in custody.
3. Adjudication: This is the equivalent of a trial for adults, where the judge determines whether the juvenile is guilty or not guilty of the charges.
4. Disposition: If the juvenile is found guilty, the judge will decide on an appropriate sentence, which could include probation, community service, or placement in a residential treatment facility.

Why Choose the Tulsa Criminal Defense Law Firm?

Navigating the juvenile justice system can be challenging, especially for families who are unfamiliar with the legal system. Having the right legal representation can make all the difference in achieving a favorable outcome for your child.

The Tulsa Criminal Defense Law Firm, at 918-256-3400 has the experience, knowledge, and dedication needed to provide top-notch legal representation to juveniles in Oklahoma.

Initial Consultation: Tulsa Juvenile Defense Attorney

Our attorneys are well-versed in the Oklahoma Juvenile Code and have successfully defended numerous juvenile clients. The Tulsa Criminal Defense Law Firm understands the unique challenges that juveniles and their families face in these situations and work tirelessly to protect our clients’ rights and future. Contact a Tulsa juvenile defense attorney today at 918-256-3400 to schedule a low-cost initial strategy session with one of our experienced attorneys and learn how we can help you and your family navigate the juvenile justice system in Oklahoma.

Understanding Oklahoma’s Juvenile Expungement Law

If you or a loved one is a juvenile with a criminal record in Oklahoma, you may be eligible to have that Oklahoma juvenile record expunged. Expungement is the legal process of having a criminal record removed from public view, meaning that the record will not show up on background checks or other public records.

At the Tulsa criminal defense law firm, we understand the importance of protecting your future opportunities and want to help you navigate the process of juvenile expungement in Oklahoma.

In Oklahoma, juvenile records can be expunged under certain circumstances. Specifically, records of juvenile offenses can be expunged if the person was under 18 at the time of the offense and has completed the terms of their sentence or probation.

Pass Your Criminal Background Check

Expungement can be a game-changer for those looking for employment opportunities. Having a criminal record can severely limit job prospects, and many employers have policies against hiring individuals with a criminal history. However, by getting a criminal record expunged, a person can legally deny ever being arrested or convicted, and their criminal record will no longer be available to potential employers. This can significantly increase the chances of obtaining employment and lead to a better future. Seeking legal representation from an experienced criminal defense attorney, such as the Tulsa Criminal Defense Law Firm, can help individuals navigate the expungement process and improve their chances of success.

Expungement can be a valuable tool for young people who have made mistakes and want to move forward with a clean slate. It can make it easier to not only find employment, but to obtain housing, and pursue other opportunities that may be difficult with a criminal record as well.

At the Tulsa criminal defense law firm, we can help you understand the process of expungement, determine if you are eligible, and guide you through the legal process. Our experienced attorneys have helped numerous young people in Oklahoma clear their criminal records and start fresh.

How We Can Help

No criminal defense attorney can ethically promise how your case will work out because very case is unique. That’s why we take the time to listen to your story, understand your needs and goals, and provide personalized legal representation. Then we do the research. We use proven research methods to discover anything that could derail your motion for expungement. Our experienced attorneys can help you with every step of the expungement process, including filing the necessary paperwork, representing you at an expungement hearing, and advocating for your rights in court.

We also understand that the legal process can be overwhelming and intimidating, especially for young people. That’s why we provide compassionate, supportive legal counsel that empowers you to make informed decisions and take control of your future.

Call the Tulsa Criminal Defense Law Firm Today

If you or a loved one is a juvenile with a criminal record in Oklahoma, don’t wait to take action. Contact an Oklahoma defense lawyer the Tulsa criminal defense law firm today at 918-256-3400 for a low-cost initial strategy session and start the process of expunging your record.

Our experienced attorneys are here to guide you through every step of the process and help you achieve the best possible outcome for your case. Don’t let a criminal record hold you back – call us today to learn more about how we can help you clear your record and start fresh.

Violating a protective order in Tulsa, Oklahoma for the first time is tried as a misdemeanor crime. A second or subsequent violation of a restraining order is tried as a felony in Tulsa. Penalties can be severe if convicted for violating a court order a subsequent time.

What Constitutes Violating A Protective Order In Tulsa?

Repeated violations of a protective order are common in cases of domestic abuse. Repeated offenses may arise from stalking or other such related issues.

A restraining order is violated when a plaintiff makes some contact with any of those named in the order. All type of contact is prohibited when a protective order has been issued. Contact includes the following:

• showing up in the sight of the petitioner or any others named in the protective order or following the plaintiff;
• approaching, talking to, or confronting the plaintiff;
• appearing anywhere where the victim is present, at their workplace or home, or on property owned or occupied by the petitioner or anyone else named in the protective order;
• texting, calling, or emailing the victim;
• placing any object on the property of the victim; and
• communication with the petitioner in any way via social media such as Snapchat, Instagram, Facebook, Pinterest, or any other.

All communication is also prohibited. Communication includes seemingly innocent actions such as liking a plaintiff’s post or following them on social media. The defendant should not attempt to communicate even via friends or other third parties.

Penalties For Violating A Protective Order — First Offense

A defendant convicted of a first violation of a protective order faces up to a year in jail, a fine of up to $1,000, or both. Okla. Stat. tit. 22 § 60.6

Punishment For Violating A Protective Order – Subsequent Offense

Violating a protective order — subsequent offense could lead to one to three years in prison, a fine between $2,000 and $10,000, or both.

If the victim is wounded or physically impaired, the fine is increased to $3,000 to $10,000. The court considers the extent of the injury caused to the plaintiff when determining the sentence to hand out.

None of the sentences for violating a protective order a second or subsequent time are eligible for probation, deferred sentences, or suspended sentences. A court may also order a defendant to undergo counseling sessions or wear a GPS device.

If you are facing a second or subsequent violation of a restraining order, you need to talk to a Tulsa criminal attorney. Our lawyer is knowledgeable and experienced and will advise you on the best course of action in your particular case.

Do not let the expertise of the prosecution and police determine your case. Get a legal expert on your side to significantly improve your chances of getting a favorable outcome in your case.

Initial Consultation: Tulsa Felony Defense Lawyer

When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a low-cost initial strategy session with an experienced Tulsa felony defense lawyer to discuss your available legal options.

Call the Tulsa Criminal Defense Law Firm at 918-756-9600.

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