What is Considered Child Neglect in Oklahoma?
Unfortunately, the child neglect statutes are incredibly broad. In fact, I would find them to be unconstitutionally broad.
View ArticleDo You Need an Attorney for a Child Neglect Case in Oklahoma?
If you're close to somebody alleging that you are being neglectful of your child, you're definitely going to want to have an attorney.
View ArticleHow Do I Know What the State is Required to Prove in My Criminal Case?
There is a simple resource that anybody can use to find out the general information, that resource is the Oklahoma Uniform Jury Instructions.
View ArticleRe-Prosecution in Federal or Tribal Court after McGirt Dismissal Doesn’t...
Double Jeopardy provides that, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.
View ArticleBosse Order Vacated & Withdrawn from Publication by OCCA
I would predict based on that since Wallace came out, the state's appeal to the United States Supreme Court in Bosse is going to be withdrawn.
View ArticleWhat Is Murder in the First Degree in Oklahoma?
Murder One is the most serious crime you can commit in Oklahoma and it comes with rather stiff penalties.
View ArticleBosse SCOTUS Appeal to be Dismissed!
OK Court of Criminal Appeals decided that McGirt does have a retroactive effect as it is ultimately an issue of subject matter jurisdiction.
View ArticleWallace Motion for Rehearing & Motion to Stay Denied by OCCA
McGirt attorney James Wirth has a major update for you regarding the Wallace case here in the state of Oklahoma.
View ArticleDefense in Bosse Requests Stay in OCCA Pending Wallace Appeal to US Supreme...
Oklahoma Court of Criminal Appeals granted a partial stay to give enough time for the state to request a stay from the US Supreme Court.
View ArticleHow Is Murder Two Defined in Oklahoma?
The thing to understand and this is kind of the point with murder two. You don't have to intend to kill, to get charged with murder.
View ArticleRomeo & Juliet Defense: OCCA Say Burden’s on the Defendant
Oklahoma law has a Romeo and Juliet provision, which specifically provides that for those that are under the age of 18, it is not statutory rape if both parties are under the age of 18.
View ArticleWho Pays Attorney Fees for a Breach of Contract?
As far as attorneys' fees go, the United States has what's called the American rule as opposed to the English rule.
View ArticleWhat is the Difference Between a Direct Appeal & a Post-Conviction Relief...
If you are convicted, you have one appeal of right, meaning that you cannot be denied an opportunity to have an appeal.
View ArticleAre You Required to Go to Court if You Breach a Contract?
The answer generally is you're not required if you can reach an agreement otherwise, but you could be required.
View ArticleDoes Custody Always Go to Just One Parent in Oklahoma?
The answer is no, it’s quite common to have joint custody. There’s a lot of different ways that joint custody can be done.
View ArticleHow Do I Find Out If There Is a Warrant for My Arrest?
First off, in Oklahoma, we do have relatively open and publicly available court records on oscn.net and odcr.com.
View ArticleHow is Sentencing for a Criminal Offense Decided?
In Oklahoma, you can be in municipal court, you could be in tribal court, you could be in county court, you could be in federal court.
View ArticleHow Long Will a DUI Stay on My Record in Oklahoma?
DUI's will stay on there forever. They will never remove themselves. They will never fall off. You must expunge them.
View ArticleWhat is a Civil Asset Forfeiture Case in Oklahoma?
Civil forfeiture allows police to seize, and then keep or sell, any property they allege is involved in a crime that was committed.
View ArticleWhat Assets Can Be Seized in Forfeiture in Oklahoma?
Most of the asset forfeiture cases in Oklahoma deal with the Dangerous and Controlled Substances Act, essentially drugs, illegal drugs.
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