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Mon, 11/06/2017 - 10:45am
Police Search

Can the police search you, your car, or your premises?  It depends.

One thing it depends on is if you consent.  The US Supreme Court has instructed us that a consentual search is always legal.  So lesson number one, if the police ask to search you, under no circumstances should you say yes.

Another thing it depends on is if they have probable cause to arrest you.  If they do, then a search is allowed as being incident to arrest.  Whatever they find can be used against you.

Fri, 11/03/2017 - 12:00am
Prison Bars

I was reading this morning that as of November 1, 2017 the maximum amount assessed for a presentence investigation had risen from $250 to $500.  That's not good because rarely have I ever seen the amount be set at anything less than $250.  Consequently, I assume that Presentence Investigation fees will almost always be set at $500.

Thu, 11/02/2017 - 12:33pm
Court Room

Whether you want to have a trial in Oklahoma depends on several different factors.  The first, and most important, factor is this:  do you have a reasonable defense to the allegations?

Your theory of defense.  You need to consult with able and experienced counsel to determine whether you should take your defense to the jury.  The government is obligated to prove each element of the offense beyond a reasonable doubt.  Here are the elements of a sample criminal charge of assault and battery (misdemeanor):

Mon, 10/30/2017 - 10:44am
Emergency Room

There are various "add-ons" or supplemental coverages that you can add to your state-mandated automobile insurance.  Two of them are Under-Insured/Uninsured Motorist Coverage and Medical Payments Coverage. You should have both coverages in as high an amount as you can afford.  Today, though, we will say a few words about Medical Payments Coverage.

Tue, 10/24/2017 - 12:00am
Cops

What is a pretextual traffic stop?

A pretextual traffic stop is any detainer of a motor vehicle for a purpose other than enforcing traffic laws.  Very typically this is for the enforcement of other laws.  For example, a passenger automobile crosses the center line (or is traveling at 1 mph above the speed limit, or has a broken or dim tail light, or has a license plate cover, or has windows that may be tinted beyond the limits allowed by statute, ad nauseam), and is stopped by a police officer.  The driver is arrested for DUI (or drug possession or trafficking or whatever more serious offense).

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