Drug “Trafficking” remains the only drug crime in Oklahoma that carries with it mandatory prison time, even for the first offense. This harsh punishment is much tougher than the penalties for first-time offenders who commit even violent crimes. Indeed, armed robbers, stabbers, drive-by shooters (“Using a Vehicle to facilitate the Intentional Discharge of a Firearm), and even those who MAKE methamphetamine are eligible for probation on their first and often second offense. But beware, if it is proven beyond a reasonable doubt that you had within your “p
In a Central Oklahoma Case: Today, after more than three years of delays due to our client's former counsel, we were able to restore a father's rights to his child.
Four years ago the Mother of the child made extremely serious allegationss of child sexual abuse against our client. An Emergency Custody Order and a Victim Protective Order were entered against him. Father had hired ineffective counsel which resulted in years of unwarranted delays during which Father could not legally see his child!
People who have had prior brushes with the law often want to know if they are eligible for probation. This is perhaps one of the most complex questions within Oklahoma criminal defense law. IN GENERAL, a person is not eligible for probation on a new felony crime if the have two or more previous felony convictions. Note the word “felonies” as, again in general, misdemeanors neither impact a person’s eligibility for future probation nor are themselves ever crimes for which a person is probation ineligible. That being said, the law is littered with excep
In Oklahoma, legal custody is an arrangement that primarily defines which parent or person gets to make what decisions for a minor child. Who spends what time with the child (visitation) is a separate matter.
Married Parents. When parents are married they have de facto joint custody, that is, neither has more authority in decision making than the other. Each parent can make any (otherwise legal) decision they want regarding the minor child; e.g. enroll him in this school as opposed to that school, etc.
We are proud to report the conclusion of a child custody modification case we have been working on over the past month. We were able to successfully reunite a child with her mother after her father stole her from her home and fled Oklahoma two years ago for parts unknown.