Blog

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.

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):

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