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Tue, 11/14/2017 - 12:26pm
Preliminary Hearings

Preliminary Hearing.  Preliminary Hearings are a part of felony proceedings in Oklahoma.  If a defendant is only charged with misdemeanors then preliminary hearings don't happen and if the charges are a mix of felonies and misdemeanors, the misdemeanors are not usually much discussed in preliminary hearing before a magistrate (usually, but not always a Special Judge).  At the preliminary hearing the state has the burden to provide evidence to the judge that probable cause exists to believe that the defendant committed a felony crime.  This is a very low burden of proof as the magistrate is required to consider all the evidence presented in the light most favorable to the

Fri, 11/10/2017 - 10:39am
Where I Keep My Drugs

Sometimes during the course of an arrest a person tries to get rid of contraband (usually drugs, sometimes guns, not usually anything else) so that when they are caught they don't have it on them.  This is called a "throw down".  There are a couple of issues that arise from this.  

Thu, 11/09/2017 - 11:02am
Statute of Limitations

The Statute of Limitations is a limit on how long a legal action can be taken.  Once the requisite time passes the legal action (prosecution, lawsuit, whatever) is no longer allowed.  The running of a statute of limitations is a complete defense to a crime in most circumstances.  We have requirements for timeliness in most cases because it is considered unfair to prosecute some crimes after a very long period of time has passed because it reduces the ability of the defendant to defend themselves.  However...

Wed, 11/08/2017 - 2:50pm
Civil Forfeiture

Civil forfeiture is legal remedy that the State seeks against "guilty" property.  That is, if the property has been involved in a crime it can generally be seized by the State and used for the State's purposes thereafter.  They can seize drugs, money, weapons, vehicles, real estate, really the list is limitless.  You can find the list in Title 63 of the Oklahoma Statues at Section 2-503.

Tue, 11/07/2017 - 12:00am
Oklahoma County Jail

People go to jail.  Our local jail, the one with which I happen to be most familiar, is the Oklahoma County Jail on Shartel here in Oklahoma City.  It has a rated inmate capacity of 1200 but routinely houses 2500 inmates.  It's just chock full of people, some dangerous, some stupid, some crazy, and some dangerously stupid and crazy.  Combined with the overpopulation this is an extremely dangerous situation for both the inmates and their custodians, employees of the Sheriff.

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