Criminal Procedure

Federal prosecutors have many tools available to them. One such tool is a grand jury target letter. This is a letter that a federal prosecutor sends out to the target of an investigation. It tells the recipient of the letter that they are under investigation for having violated one or more federal crimes. If you or a loved one have received a federal grand jury target letter in Tulsa, Oklahoma here is what you need to know.

Federal Investigations and the Target Letter in Tulsa

A target is a person whom the prosecutor or grand jury believes has substantial evidence linking him or her to the commission of a crime and who may be regarded as a potential defendant.

Federal prosecutors sometimes investigate potential criminal actions for months or even years before they seek an indictment from a grand jury. This letter is a precursor to that grand jury hearing.

When a person receives a federal grand jury target letter, it is imperative that they contact a Tulsa federal criminal defense attorney as soon as possible. Prosecutors do not send these letters out unless they believe there is a good chance that the target will receive a federal indictment in Tulsa.

What a Target Letter May Contain

A target letter is addressed to the person whom the investigation is targeting. It will put the target on notice regarding the types of criminal matters the grand jury is investigating. Also, it apprises the target that they may be required to both produce evidence and testify at the grand jury hearing.

Finally, it warns the recipient that they may not destroy any evidence within their possession, custody, or control. A target letter may also contain information regarding a target’s Fifth Amendment rights and advise the target to obtain counsel.

Getting and Using Legal Help

Getting legal help is especially important in the early stages of a federal investigation. Although a Tulsa federal criminal defense attorney cannot be present with their client when the client gives testimony or produces other evidence in the grand jury proceeding, an attorney can help prepare the client for the proceeding.

An attorney can also help negotiate an early plea deal or convince a federal prosecutor to stop the investigation when the case is weak. Any early intervention can be extremely valuable to a client, as federal prison sentences are often harsher than their state counterparts.

Initial Consultation: Tulsa Federal Criminal Lawyers

Get the help you need. It’s time to retain a Tulsa criminal defense lawyer who is knowledgeable regarding federal law and procedure and who will look out for your legal interests. Contact a Tulsa criminal attorney at Tulsa Criminal Defense Law Firm today for a initial, confidential consultation.

A Tulsa defense attorney can advise you on how the process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call 918-256-3400 now.

Federal courts mandate certain minimum sentences for some crimes. Federal minimum sentencing laws in Oklahoma are not subject to judicial discretion — meaning that a judge may not sentence a defendant for an amount of time less than the mandated minimum. This is true even for plea deals and in situations where a judge may be inclined to a more lenient sentence given the circumstances.

A federal judge is free to give any sentence that is over the minimum. Here are some of the crimes subject to federal minimum sentencing laws in Tulsa, Oklahoma.

Drug Crimes

One of the biggest areas of federal minimum sentencing law is drug crimes. Minimum sentences for drugs depend on such circumstances as the crime committed, the amount of the drug involved, whether serious injury or death occurred as a result, and whether this is a first or subsequent conviction.

Federal drug crimes are governed by the Controlled Substances Act or the Controlled Substances Import and Export Act. 21 US Code § 801 et seq.

Minimum sentences range from 5 years to life in prison depending on the circumstances.

More About Federal Minimum Sentencing for Drug Crimes

On the less serious end of federal drug crimes are sentences for simple possession.

A first conviction for simple possession is punishable by up to a year in prison and a fine of at least $1,000.

A conviction for simple possession with one prior conviction is anywhere from 15 days to 2 years in prison and a fine of at least $2,500.

If you have two or more prior convictions, you could face anywhere from three months to three years behind bars and a fine of at least $5,000. 21 US Code § 844

There is another provision for those caught for the first time carrying just enough of an illegal drug for their own use. In that case, you will be subject to a civil penalty up to $10,000, but no prison time. However, this does not apply if you have been convicted of any prior federal or state drug crime.

Punishments for trafficking are more severe. To manufacture, distribute, dispense, or possess with the intent to do the same a drug such as heroin, a Schedule I drug, is against federal law. Again, the amount involved and extenuating circumstances dictate the minimum sentence imposed.

Just like Oklahoma state law, federal law uses schedules to categorize illegal drugs. The more dangerous drugs are handled in Schedules I and II.

If the amount of a Schedule I drug such as heroin, is 100 grams or more, an offender is looking at at least five years in prison. If the amount is a kilo or more, the offender could be subject to a minimum of 10 years in prison. Sentences are longer for repeat offenders and when serious injury or death results. 21 US Code § 841

Weapons Crimes

Firearms offenses and drug crimes often go hand in hand. Most federal weapons offenses involve either being caught carrying a firearm as a felon or under another prohibited classification, or offenses involve possessing, brandishing, or discharging a firearm while engaging in a crime of violence or drug distribution or trafficking crime; these are known as “924” crimes.

If caught, a felon or other person prohibited from carrying may face up to 10 years in prison. However, there is no mandatory minimum sentence for the crime. 18 US Code § 922

However, weapons offenses in connection with a violent crime or a drug crime can result in a prison term from five years to life depending on whether you are possessing, brandishing, or discharging the weapon. In addition, this prison time is added to any prison time attached to the associated violent crime or drug crime. 18 US Code § 924

For a second offense, the mandatory minimum sentence is 25 years to life.

Federal Minimum Sentencing for Immigration Crimes

Most immigration crimes involve either illegal entry (8 US Code § 1325) or illegal re-entry (8 US Code § 1326) into the United States. Immigrants who enter illegally are prosecuted and deported.

Mandatory minimum sentences adhere to people within the United States who illegally aid or bring in aliens whom they believe or should have reason to believe will commit a felony or be used for commercial or private financial gain. If convicted, the crime carries a mandatory minimum prison sentence of three to five years. 8 US Code § 1324

White Collar Crimes: Aggravated Identity Theft

Aggravated identity theft is a federal crime. The statute prohibits a person from knowingly transferring, possessing, or using identifying information belonging to another without authority in connection with a federal law violation of another felony. When identity theft occurs in this manner, the mandatory minimum sentence is two years in prison.

Also, federal law prohibits such use of identifying information in connection with terrorism offenses. This crime is punishable by at least five years in prison. 18 US Code § 1028A

By its nature, the crime of identity theft involves at least two crimes — the identity theft itself and the crime with which the identity theft was used.

In addition, sentences for this crime must be served consecutively rather than concurrently. That means if a person is convicted of two separate crimes, the sentence for the first crime must be fully served before the sentence for the second crime can begin to run.

Federal Minimum Sentencing for Sex Crimes

Sex crimes are most often handled at the state court level. However, there are instances when sex crimes are federal violations. For example, when a sex crime occurs on federal land, the matter is then handled in federal court. This is the case with sexual assaults that occur in federal prison and on other federal land.

When child pornography is transmitted on the internet or across state lines, the matter is treated as a federal sex crime. And when sex crimes somehow involve commerce or travel across state lines, they come under federal jurisdiction.

While this area of the law encompasses a number of different crimes, the mandatory minimum sentences are all harsh.

Aggravated sexual assault is punishable by any number of years up to life in prison.

If the assault involves a child under 12, an offender could face 30 years for a first offense and life in prison for a second offense. 18 US Code § 2241

Sex trafficking of a child with no force involved mandates 10 years in prison. If force is involved, an offender will face at least 15 years in prison. 18 US Code § 1591

Child pornography mandates at least 15 years in prison, 25 years if you have one prior conviction, 30 years if you have two prior convictions, and 35 years if death results. 18 US Code § 2251

These crimes are serious. If you are facing federal charges that involve a mandatory minimum sentence, you must speak to a Tulsa federal criminal defense lawyer as soon as possible.

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.

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

Federal Indictments: A Serious Matter

Most federal criminal proceedings begin with a federal indictment. Its Oklahoma state court equivalent is a warrant.

If you are facing a federal indictment, you will need legal help from a Tulsa felony attorney. Here is what you need to know about a federal indictment, how to deal with it, and its impact on your life and freedom.

How Do Prosecutors Get a Federal Indictment?

Federal indictments are obtained when a federal prosecutor presents evidence to a grand jury specially convened to hear that evidence. Federal prosecutors are in charge of the evidence that is presented to a grand jury. The defendant has no right to confront the evidence or witnesses presented to a grand jury.

The grand jury must find that there is probable cause to bind the defendant over for trial. Probable cause is a lower burden of proof than that used in criminal trials, which usually require a showing of beyond a reasonable doubt.

Sometimes an arrest may come before an indictment. But if an investigation has been ongoing, it may be that an indictment comes before the arrest.

What a Federal Indictment Includes

A federal indictment is a document issued by federal prosecutors that outlines the charges being brought against a person. It contains the name of the person and the charges that are being brought.

The indictment is issued by the District Court that will extend jurisdiction over the person who is being charged. It is usually issued after a grand jury has heard the initial evidence brought by a federal prosecutor. The grand jury decides whether there is sufficient evidence presented to bind a person over for trial.

The indictment contains the court docket number and all of the “counts” or charges that are being brought. Each count is usually supported by one or more paragraphs containing facts in support of the count or charge being brought.

A federal indictment must allege facts in support of a federal crime. If the facts support a state crime, the indictment may be invalid.

The language used in a federal indictment may be confusing and it is important to understand the indictment. Therefore, it is helpful to speak to an attorney if you are facing an indictment.

Also, most federal indictments are for felonies rather than misdemeanors. Federal penalties are often harsher than are penalties for the same crime at the state level.

Initial Consultation: Tulsa Criminal Attorney

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 criminal attorney to discuss your available legal options.

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

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

Embezzlement in Tulsa, Oklahoma is a serious crime. A defendant could spend up to 10 years in prison or pay three times the cash amount of what they embezzled. The crime occurs when a person decides to use for their gain cash that has been entrusted to them, but belongs to another or the public.

Embezzlement in Tulsa FAQs

Embezzlement occurs when a person is legally in control of the property or cash of another and decides to appropriate it for unintended ends. The crime is also said to have occurred when legally obtained money or property is hidden with the deceitful intent to divert it for unanticipated uses when the property or cash was:

• placed into the hand of another for a specific purpose;
• received by obtaining a power of attorney for its sale or transfer;
• supposed to be controlled for another person’s use;
• meant to be used for a benevolent or public purpose;
• diverted from its intended purpose; or
• diverted from the purpose it was collected such as to pay taxes and used for personal needs.

Also, these factors can constitute a charge of embezzlement in Tulsa.

• Property was possessed for transportation, but regard is not given to whether the packages are broken.
• The property consists of crops which are carried away without the owner’s consent and the removal is done to deprive.
• Property is not willfully returned within ten days after the expiration of a rental agreement that controls the property.

Okla. Stat. tit. 21 § 1451

Business managers, trust managers, financial officers, and bank tellers are examples of employees who can be guilty of embezzlement. These kinds of employees all have legal access to someone else’s cash, but no legal ownership.

Possible Defenses to Embezzlement

A sufficient defense against this crime is if the property was appropriated openly and conspicuously and under a claim of good faith. The argument stands, even though the application is not tenable under law. However, the defense does not excuse keeping the property after a claim is made for payment by the wronged party. Okla. Stat. tit. 21 § 1459

Also, the fact that the defendant intended to pay back the misappropriated property is not a valid defense. Okla. Stat. tit. 21 § 1460

However, restoring the embezzled property does appeal to the mercy of a court. Thus, a defendant could get a lighter sentence. Okla. Stat. tit. 21 § 1461

Penalties for Embezzlement in Tulsa

The punishment a defendant faces for this crime is determined by the value of what was embezzled. For property worth less than $500, a defendant could face up to a year in jail, pay a fine of up to $1,000, or both. This crime is a misdemeanor in Tulsa.

For embezzling property worth more than $500 but less than $1,000, a defendant faces a fine of up to $5,000, a year in jail, or both. A defendant is also expected to pay restitution.

For property worth more than $1,000 but less than $25,000, a defendant could spend up to five years in prison, pay a fine of up to $5,000, or both. The defendant is also expected to pay restitution.

Embezzling over $25,000 could see a defendant spend up to 10 years in prison as well as pay a fine of up to $10,000 and restitution to the victim.

A public officer embezzling public funds could face up to 10 years in prison and a fine of up to three times the stolen amount.

If you are facing charges of embezzlement by employee, talk to our Tulsa criminal defense attorneys today. Depending on the amounts you have embezzled, you could spend a lot of time in jail and pay hefty fines. The best option to reduce the possibility of getting convicted is to get the counsel of a seasoned Tulsa criminal attorney.

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.

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

Sometimes, malicious injury to property in Tulsa, Oklahoma is a felony offense.

Here is what you might want to know about when malicious injury to property is chargeable as a felony and when it is chargeable as a misdemeanor.

Defining Malicious Injury to Property in Tulsa

Malicious injury to property is more than just a teenage prank. Defacing property is a crime in Oklahoma.

Malicious injury to property in Oklahoma is defined as deliberately injuring, defacing, or destroying another’s real or personal property. It can be charged as a misdemeanor if the damage done is less than $1,000 in value.

However, it is a felony offense when the damage is valued at $1,000 or more, or when the defendant has two or more prior convictions of malicious injury to property regardless of the amount of damage done. Okla. Stat. tit. 21 § 1760

The law allows smaller acts of malicious injury to property to be aggregated in order to allow the prosecutor to charge the crime as a felony instead of a misdemeanor.

In order to be charged, the action must be deliberate rather than accidental.

Penalties for Malicious Injury to Property

The penalty for this crime is not specifically stated in the statute.

If charged as a misdemeanor, the crime is punishable by up to a year in jail, a fine of up to $500 or both. Okla. Stat. tit. 21 § 10

If you are convicted of a felony under this statute, you could face up to two years in prison, a fine of up to $1,000, or both. Okla. Stat. tit. 21 § 9

In addition, the law allows the victim to bring a civil suit against the perpetrator and allows treble damages against the perpetrator. This is in addition to criminal fines and jail time.

Other Situations

Damaging another person’s vehicle, rigging the vehicle to use it for joyriding, or disturbing any of the vehicle’s parts is a misdemeanor. Okla. Stat. tit. 21 §§ 1787, 1788

Intentionally defacing or causing damage to a church or other house of worship is a felony. Okla. Stat. tit. 21 § 1765

Intentionally defacing or taking a landmark is a misdemeanor. Okla. Stat. tit. 21 § 1774

Intentionally causing damage to any public roadways or bridges is a felony. Okla. Stat. tit. 21 § 1753

Whether you are facing a misdemeanor or felony charge, you need the help of an experienced Tulsa criminal defense attorney. Call today to get the help you need.

Initial Consultation: Tulsa Criminal Defense Attorney

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

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