Tulsa Criminal Lawyer Explains Your Rights When Stopped By Police

The police will stop many of us at some point in our lives.  It may be while Your Rights When Stopped By Policetraveling in a motor vehicle, riding a bike, or on foot.  It is imperative that you understand the full extent of your legal rights so that you can protect yourself in the event you are stopped. The old adage that you have the right to remain silent so use it comes to mind. The right to remain silent is just one of several rights you have when stopped by Police. For more information read on or call our Tulsa county criminal lawyers now.

Your Rights When Stopped by Police include the following:

  • You have the right to remain silent. Tell the police in clear language that you wish to remain silent if you so choose.
  • You can refuse to allow the police to search your home, your person, or your car.
  • So long as you are not under arrest, the police cannot detain you.
  • You have the right to an attorney in the event of an arrest. Ask that one be provided immediately.
  • Everyone has these constitutional rights and immigration or citizenship status does not affect your rights.

When You are Stopped for Questioning:

  • Do not run and stay calm. Do not obstruct or resist the police in any manner and keep your hands up and clearly visible.
  • Ask if politely if you are under arrest. If the officer says no, then leave silently.  If the officer states you are under arrest, he or she must explain why.
  • You do not have to answer the officer’s questions. Invoking your rights to remain silent is not punishable.  Express to the officer your wish to remain silent clearly.  You may provide your name in order to identify yourself.
  • You do not have to consent to a search of your person or belongings. However, the police officer can pat you down if they suspect the presence of a weapon.  You should not resist the pat down but do not consent to further searches.

At a Traffic Stop, Know Your Rights:

  • Stop the vehicle in a safe location as quickly as you can. Turn the car off, turn on the light inside your vehicle, open your window slightly and place your hands on the steering wheel.
  • If the officer requests, show your driver’s license, proof of insurance, and registration.
  • If the officer asks to search your vehicle, you can refuse to provide consent. However, if the officer believes your car holds evidence of a crime, it the officer may search it without your permission.
  • You have the right to remain silent. If you are an un-involved passenger, you can ask to leave.  When the officer says yes, calmly leave.  If the officer says no, you can still exercise your right to remain silent.

Keep these rights in mind so that when stopped by an officer, you can protect yourself to the fullest extent.  Upon arrest, contact an experienced criminal defense attorney in your area as soon as possible.

Get a Consultation regarding Your Rights When Stopped by Police:

Our Tulsa Tulsa County Criminal Attorneys understand the seriousness of any misdemeanor or felony charge. A misdemeanor or felony conviction could result in considerable jail time, fines, and a permanent criminal record.  It is imperative you do all you can to prevent conviction on a criminal charge.  Our Tulsa County Lawyers  have the experience and knowledge you need to achieve the best legal outcome.  We can help you determine your rights when stopped by Police. If those rights have been violated this may be a basis for dismissal or reduction in certain charges. Call the criminal defense attorneys  today at 918-379-4864  to schedule your free consultation.

Oklahoma Workers Compensation Attorney Fees

Oklahoma Workers Compensation Attorney Fees

Tulsa Work Injury Lawyers

Our clients often ask us “How much will attorney fees costs for their workers’ compensation claim?” Fortunately workers’ compensation statutes set out Oklahoma workers compensation attorney fees. However, the important thing for injured workers to understand is that the cost of an attorney in an workers compensation case is contingent. This means that the attorney only collects money if you get money for your case.

If you or a loved one has been injured on the job, contact us for a consultation. Our attorney can help you get the compensation you deserve. We have years of experience in negotiating with insurance companies on behalf of our clients. Rest assured that reasonable fees will also be charged in relation to the degree of representation at our law practice. Read on to learn more about Oklahoma workers compensation attorney fees.

Workers’ Compensation Attorney Fees Overview:

The initial consultation with our Tulsa work injury attorney is free. Further, we usually file our client’s claim without charging them a fee. If a lawyer charges an outrageous fee to file your initial claim, this is a red flag to consider alternative representation. Once acceptance of your claim occurs, you should start to receive benefits. However, if your claim is contested, or your insurance benefits are denied, our attorneys can advocate on your behalf to help you obtain the compensation you deserve.

We will contact your employer and their insurance carrier to get your disability benefits. If they continue to deny your claim we’ll set it for trial. Once set for trial we provide both medical and oral evidence supporting your case. This trail costs you nothing. Remember we don’t get money if you don’t get money.

Disability in Workers Compensation Cases:

Oklahoma State law provides a set standard of the maximum compensation an attorney may collect for legal representation pertaining to workers’ compensation judgments. Thus, an attorney can collect up to a maximum of 10% of any award for a contested temporary disability claim, and 20% of any award for permanent disability or contested death case. All attorney fees are subject to court approval though which means fees are not an automatic grant. In addition, you might pay settlement and trial related expenses depending on the nature of your case. In certain situations, the court may deem the denial of benefits as unreasonable. If this occurs, your award may also include the attorney fee.

Most workers’ compensation cases end in some sort of settlement. Certain factors will affect the settling of your case such as the extent of your injuries and whether they are temporary or permanent.

Our attorney will not take a portion of your regular benefit. Furthermore, our attorneys have the proper resources to handle your claim without accepting a large upfront fee.

Free Consultation About Oklahoma Workers Compensation Attorney Fees:

Our Tulsa County workers’ compensation attorneys assist you by obtaining the compensation you deserve for your workplace related injury or disease. We invite you to contact us for a consultation. Call or email us today to set-up your free consultation. Our work injury attorneys typically do not charge fees if your case is unsuccessful. Do not settle your case without first consulting with an attorney. If retained, our attorney can help you calculate the amount you will need as compensation for your bodily injuries. This also includes all your medical, temporary disability and other out of pocket expenses. Remember,  your employer will be represented by an attorney. Hence, you deserve representation as well. Most importantly, do not let attorney fees stand in the way of you obtaining the compensation you deserve to treat your medical injuries.

Denied Workers Compensation Injuries

Under Oklahoma workers compensation law, certain work related injury claims areDenied Workers Compensation Injuries excluded.  If you or a loved one is wondering if you qualify for workers compensation benefits, contact our attorneys for a free consultation. We can help you obtain the compensation you deserve. You deserve medical treatment and help with denied workers compensation injuries in Oklahoma. Don’t go it alone and don’t take no for an answer. Denied workers compensation injuries are common in Oklahoma

Intentional Injuries at Work:

An intentional workers’ compensation injury occurs when an employee intentionally injures himself/herself while during the scope of employment. If the employee’s willful misconduct causes his/her injury, a workers’ compensation benefit will not be awarded. An employer will use the intentional injury defense if there is enough evidence warranting that the employee’s willful misconduct led to his/her injury.

Example: Joseph and Carlos were building a balcony on the first story of an apartment complex. Joseph contemplated jumping off the balcony to the ground floor because he tired of  going up and down the stairs to grab tools. His signed company safety policy cautiously advised against such behavior. Nevertheless, Joseph chose to jump off the balcony. He injured his arm in doing so and filed a workers’ compensation claim. The evidence showed that Joseph’s willful misconduct caused the injury to occur. Thus he received a denial on his workers’ compensation benefit.

Claiming a fraudulent injury can also result in criminal and civil liability.  Oklahoma Attorney General E. Scott Pruitt is cracking down on fraudulent workers’ compensation claims.

Voluntary Intoxication in Workers’ Compensation:

Voluntary intoxication preceding a work injury may also exclude Oklahoma workers’ compensation benefits. This intoxication occurs when an employee ingest illegal drugs or alcohol, or abuses a prescription medication before or during work. If the use of the illegal drug/alcohol is the source of an employee’s injury, workers’ compensation benefits will not be provided so contact a workers compensation lawyers in Tulsa.

Example: Jared consumed 4 beers during his 30-minute lunch break. The alcohol volume of each beer was 7.2%. When Jared returned to work, he was asked to haul 12 boxes down 3 flights of stairs. Jared did not disclose that he recently consumed alcohol to his supervisor. Instead, he decided to stack two boxes on top of each other to carry down the stairs. Due to intoxication, Jared fell down the stairs breaking his right leg. Jared attempts to claim workers’ compensation coverage, but is denied coverage once evidence surfaces that he consumed alcohol during his lunch break which resulted in the underlying cause of his injury.

Failure to Use Safety Device:

Employees must use safety devices when operating equipment at work. If an employee intentionally decides to not use a safety device, and doing so would have prevented the injury, he/she may likely be barred from obtaining workers’ compensation insurance. Momentarily forgetfulness, inattention, or bad judgment usually does not bar claims. You will need an experienced attorney to advocate on your behalf to obtain an award in the event of improper use of a safety device.

Example: Gina routinely saws wood at the local home good store. Prior to sawing wood, employees must wear goggles to prevent fragments from flying into their eyes. Gina routinely refuses to wear the goggles and ends up with an eye injury.  Proper wearing of the goggles would have prevented injury.  Oklahoma State law will likely bar her from obtaining Workers’ Compensation insurance.

Contact Our Tulsa Workers’ Compensation Attorney:

We invite you to contact our workers’ compensation attorney for legal advice and guidance. Our Tulsa Work Injury attorney can provide you with legal advice to determine if your work related injury or disease is eligible for workers’ compensation insurance or if it is an excluded Oklahoma workers’ compensation injuries. Contact us for a consultation.

Private Attorneys or Public Defenders in Oklahoma DUI Cases

The outcome of a criminal case should be a determination from the quality of the evidence Public Defenders in Oklahoma DUI Cases. However, the reality of our justice system is far different than the ideal.  If you have a drunk driving charge and are unsure whether to choose a private criminal defense attorneys in Tulsa or public defenders in Oklahoma DUI cases, ask yourself the following questions.

How Much Attention Does Your Case Need?

Public defenders in Oklahoma DUI cases are required to take cases from all individuals who qualify for their services.   With budget cutbacks and an overburdened system, they often have much larger caseloads.  The #1 complaint regarding public defenders in Oklahoma  DUI cases  is the little attention the client receives prior to trial.  With much smaller caseloads, private criminal defense attorneys can usually devote more time to your case.  They can ask the right questions and evaluate the details of your case to reach a more favorable deal with the court.  However, not all private criminal defense lawyers have the right experience and qualifications.

So, just because they have more time doesn’t automatically make their time more valuable. It is important to vet any attorney that will defend your rights in the court of law. Ask the attorney if he/she has experience as a plea bargain negotiator or trial attorney. Find out what level of detail the attorney will provide to your case. Do your homework before you hire a public defender or private attorney.

What is the Quality vs. Cost Analysis?

This is a crucial area of consideration.  It’s a common assumption that public defenders in Oklahoma DUI case are less experienced, but that’s not always the case.  While more experienced public attorneys are generally assigned to felony cases, anyone can start a private law practice.  It is always important to evaluate the experience of the individual DUI attorney.  Many private DUI attorneys have worked as criminal prosecutors and can use that experience and knowledge of the system to your advantage.  If they seem knowledgeable and qualified, they will probably help you reach a more favorable outcome.  But we all know you get what you pay for, so that brings us to our next point: cost.

How Much Can You Afford?

A well-qualified private attorney is almost always better than an over-burdened public defender.  But value does not come without a cost.  Court-appointed attorneys are paid a fixed salary, while private defenders charge their clients by a fixed fee or hourly rate.  While their fees are negotiable, they are also substantially higher than their public counterparts if they have a track record of success.  If you can’t afford a quality private attorney, then a qualified public defender might be a better choice.

Public Defenders Aren’t Really Free:

Fewer people than you think even qualify for public representation.  To apply for a state defender, you must prove to be “indigent” or unable to pay for a private attorney.  Only applicants with incomes well below the poverty line qualify, and even then the services are not free.  Not only do you pay an application fee, but in the case of a conviction, the court will often add attorney fees to the final sentencing.  The court considers this a fair and just reimbursement for the public services you received.

When it comes to DUI, the consequences of a guilty plea or conviction are severe.  For this reason, you want to find an attorney who can provide the right amount of time, experience, and skill to your case.  After these three factors satisfy, cost must be a consideration.  Always do your own research before deciding which attorney is right for you.

We invite you to contact our drunk driving defense attorneys in Tulsa for a consultation. We can provide you with legal advice and guidance on how to best proceed with your criminal matter.

Probate Attorneys in Tulsa

Probate Attorneys In Tulsa

Tulsa County Estate Planning Lawyers

Determining who receives what when you die requires an evaluation of your estate. This evaluation includes the type of assets you hold.  If you have a will, for instance, your assets may pass to different individuals than they otherwise would have if you died without a will.  Certain assets are not subject to probate and will pass automatically to another individual upon your death.  The following is a brief explanation of who would receive what assets when you die. For a free consultation with one of the Probate attorneys in Tulsa from Tulsa County Lawyers Group call us today.

If You Die Without a Will in Oklahoma:

If you die without a will in Oklahoma, all of your assets that would otherwise have passed through a will are affected by interstate succession laws.  Generally, this will include any assets that you hold in your name alone.  It will exclude:

  • Property in a living trust
  • Property owned in joint tenancy or tenancy by the entirety
  • Retirement accounts
  • Life insurance benefits
  • Payable on death bank accounts

This excluded property follows its own succession laws.  Items like retirement accounts and life insurance benefits go to the name beneficiaries, while property held jointly will revert to the other co-owner.

If you die intestate in Oklahoma, your property distributes as follows:

  • Children but no spouse—assets go to children alone
  • Spouse and children from both of you—spouse inherits 1/2, children inherit remainder
  • Spouse and at least one child from you and someone other than spouse—spouse inherits 1/2 of all property acquired during the marriage, other property split among children
  • Wife and no children, parents, or siblings—spouse receives everything
  • Spouse and parents—spouse inherits all property acquired during marriage and 1/3 of remaining property, parents receive the rest
  • Siblings and Spouse—spouse inherits all property acquired during marriage and 1/3 of remaining property, siblings receive the rest
  • Siblings and no parents, spouse or children—siblings inherit everything
  • Parents and no children or spouse—parents inherit everything

If You Die With a Will in Oklahoma:

Those who create a will prior to their death have greater control over who will receive what when they die.  When someone dies with a will, their assets will be distributed by the court during the probate process. This is done in accordance with the terms of a will.  For instance, if the will states that the family home will go to the spouse, while the liquid assets will be distributed among the children, the court and executor will ensure this is what occurs.  Wills need not follow the laws of intestacy and can name anyone to receive any assets held by the deceased individual.

If You Die with a Trust:

In the event you have created a trust, your assets will pass nearly instantaneously to your named beneficiaries.  Your assets will avoid the probate process and your named trustee will ensure the assets are distributed in accordance with the terms of the trust.

Free Consultation With Probate Attorneys in Tulsa:

 Estate planning is multifaceted and comes with many options.  The  Estate Planning Attorneys at Tulsa County Lawyers Group have assisted countless individuals in developing an estate plan that best suits their needs and will serve their beneficiaries to the fullest.  We assist with the creation of wills, trusts, and much more.  When you come in for a consultation, one of our experienced estate planning attorneys will examine your asset/debt portfolio and take your wishes into account to generate an estate plan that best protects your assets for your intended beneficiaries.  Contact our Probate attorneys in Tulsa Today.

Oklahoma Probate – Tulsa Probate Attorneys

Most people have heard of the term probate, but many lack a full understanding of theOklahoma Probate Oklahoma probate process.  Knowing more about probate can help you prepare in the event a loved one passes.  It can also give you a greater understanding as to what estate planning tools you would like to implement in order to either shorten or avoid probate all together.

Oklahoma Probate Defined:

          Probate is the legal process that occurs when someone dies.  It will involve:

  • Introduction of the deceased person’s will;
  • Proving to the court that the deceased person’s will is valid;
  • Identifying and inventorying the deceased individual’s assets;
  • Appraising the property;
  • Paying any debts or taxes; and
  • Distributing the remaining assets in accordance with the will (or with state law, if no will exists).

 Oklahoma Probate will typically involve much paperwork and the involvement of Oklahoma Probate attorneys.  Court fees and attorney expenses will be paid from the property, which would otherwise go to the listed beneficiaries.  Probate can be both expensive and time consuming.  Even if no litigation occurs, probate will generally take between four and six months.

Property That Goes Through Probate:

 No.  Certain property will pass outside of your will.   This includes any property put in trust or property held in joint ownership.  For jointly held property, when the first owner dies, the remainder interest transfers directly to the surviving partner, thus bypassing probate.  Most retirement accounts and life insurance policies will also avoid probate because they involve designated beneficiaries.  Any bank accounts set up to pay upon death bypass probate too.

In Oklahoma, ways exist to avoid probate when involving minimal assets.  Oklahoma probate allows beneficiaries to claim property with just a simple affidavit when the property values at $20,000 or less.

Further, the simplified probate process is available for estates valued at under $200,000.  This process is essentially a shortened, simplified version of the probate process and will save money and time.

Avoiding Probate in Oklahoma:

 As you can see, the probate process can be time consuming and the court costs along with attorneys’ fees involved will cut into the assets which would otherwise be distributed to your named beneficiaries.  Whether you should plan to avoid Oklahoma probate is a question that will best be answered with the assistance of an experienced Tulsa estate planning attorney.  An estate planning attorney will review you assets, discuss options for distributing assets, and develop a full understanding of your ultimate estate planning desires.

For those who wish to avoid probate, generally to avoid the costs and time associated, living trusts offer a viable alternative.  With a trust, you can name your desired beneficiaries as in a will, but the assets will pass directly to these individuals without the need for court involvement, which many find to be a substantial benefit.

Tulsa County Probate Attorneys

The Oklahoma probate process can be complex, costly, and time consuming.  If you are an executor in need of assistance with probating an estate, or if you are a beneficiary with concerns involving a will, the experienced Tulsa County Attorneys at our  Law Office can help.  We have assisted countless executors and individuals through difficult probate matters.  As full service estate planning attorneys, we can also assist interested individuals in avoiding the probate process entirely.  We will examine your asset/debt portfolio, and take your wishes into account, in generating an estate plan that best protects your assets for your intended beneficiaries.  Contact our probate attorneys today for a free consultation.

 

Oklahoma Bankruptcy Attorneys

Each year, millions of Americans find relief from oppressive debt through Chapter 7 Oklahoma Bankruptcy Attorneys bankruptcy.  If you are struggling to break free from debt, experiencing harassment from creditors, or facing the loss of your home, Chapter 7 bankruptcy may provide you with relief from debt and the ability to achieve a bright financial future. Call our Oklahoma Bankruptcy Attorneys for a free consultation.

The following is an overview of Chapter 7 bankruptcy in Oklahoma.  This guide is intended to provide you with some basic knowledge as to the bankruptcy process and what it offers.  Your bankruptcy will be able to answer all your questions concerning Chapter 7 and assess whether this form of bankruptcy is right for you.

Oklahoma Chapter 7 Basics:

Chapter 7 bankruptcy is the most common type of bankruptcy.  It offers individuals and some businesses a means of eradicating all or most of their unsecured debt.  Unsecured debt includes debts such as medical bills and credit cards.

Chapter 7 bankruptcy is often referred to as liquidation bankruptcy because it requires the sale of your non-exempt assets by the bankruptcy trustee in order to pay back creditors.  While the thought of losing possessions initially deters some filers, it is important to understand that many assets are exempt.  For instance, in Oklahoma, bankruptcy filers can exempt the entire value of their primary residence and up to $7,500 of equity in your car, truck, SUV, or van.  Our experienced Chapter 7 Oklahoma bankruptcy attorneys will review your assets and fully advise you as to what is exempt.

Qualifying for Chapter 7 Bankruptcy:

Both individuals and businesses can qualify for Chapter 7 bankruptcy.  To qualify, all individuals or couples must pass the “means test.”  The means test does not assess your debts or insolvency; rather, it looks to your income to determine whether it is low enough to meet the Chapter 7 threshold.  Your income must fall below the median income in Oklahoma for a similar sized family to qualify for Chapter 7.  However, even if your income exceeds that level, you may still be able to qualify if you have substantial debt obligations.

All would be Chapter 7 filers must also complete a credit counseling course within six months prior to filing for bankruptcy.  You may complete the course in person, online, or on the phone.

The Chapter 7 Bankruptcy Process in Oklahoma:

Completing a successful Chapter 7 bankruptcy begins with the filing of a petition.  Your Chapter 7 petition will be drafted by a knowledgeable bankruptcy attorney.  The petition must include details as to your debts, expenses, assets, income, and any monetary transfers made throughout the two years prior to filing.  Your petition must be completed with accuracy and thoroughness.

Once the petition files, an automatic stay issues and stops all collection calls and attempts to collect debts.  A bankruptcy trustee gathers and sells your non-exempt assets and distributes the proceeds to creditors.  Your attorney will ensure  protection of all exempt assets.  At the completion of the Chapter 7 process, you will receive a discharge of all or most of your debts.

Tulsa County Oklahoma Bankruptcy Attorneys:

If you are struggling with debt and considering filing for Chapter 7 bankruptcy, the Oklahoma Bankruptcy Attorneys can help.  Our experienced bankruptcy attorneys are here to guide you through the bankruptcy process.  We will evaluate your asset/debt portfolio to make an educated assessment as to whether bankruptcy will offer the relief you seek.  Call the bankruptcy attorneys at Tulsa County Lawyers Group today to schedule your free consultation.

Drug Lawyers Tulsa County Prescription Drugs

The problem of prescription drug trafficking is becoming an increasingly serious issue, both in the State of Oklahoma and nationally.  Estimations show that daily, 2,500  U.S. youth ages 12 to 17 abuse a prescription pain reliever for the first time.  More than 15Drug Lawyers Tulsa County million people in the U.S. abuse prescription drugs, more than all those that use cocaine, hallucinogens, inhalants, and heroin combined.  Moreover, prescription drugs are responsible for 45% of overdose deaths, more than cocaine, heroin, methamphetamine, and amphetamines combined (39%).  Clearly, it is an issue needing attention.

New Prescription Drug Laws:

In response to concerns about the proliferation of prescription drug sales, Oklahoma passed a law last May to fight against trafficking of these drugs.  The new law amends Okla. Stat., tit. 63, Section 2-415 and was sponsored by Rep. Pat Ownbey with assistance from the Oklahoma Bureau of Narcotics and Dangerous Drugs. The piece of legislation creates heftier penalties for the carrying of 400 grams of oxycodone, 1,000 grams of morphine, 3,750 grams of hydrocodone, and 500 grams of benzodiazepine.

These four drugs are some of the most common prescriptions in drug abuse.  At the present time, carrying these drugs illegally is not trafficking.  However, when the new law goes into effect on November 1st, trafficking will exist in the possible charges for someone caught with them. Violators will receive punishments large fines of from $100,000 to $500,000, plus prison time.  Subsequent violations would carry additional prison time.  Rep. Ownbey was concerned about these particular drugs because, while all types of trafficking crimes occur in Oklahoma, abuse of prescription drugs is “especially prevalent.”

Drug Charges Under The New Laws:

Oklahoma is getting more serious about combatting illegal drug trafficking.  As criminal defense attorneys, we realize that this means potentially very serious consequences for many of our clients.  The best course of action is to avoid involvement in any kind of illegal trafficking at all.  Unfortunately it simply is the case that not all individuals will follow that path.  Furthermore, sometimes people receive erroneous accusations.  That’s when an experienced drug lawyer is invaluable to negotiating the most favorable outcome possible with a prosecutor.  If necessary, we have skilled litigators who can make the best possible case before a judge or jury.

Oklahoma’s Uniform Controlled Dangerous Substance Act is in Title 63 of the Oklahoma statutes.  Oklahoma regulates the control and sale of controlled dangerous substances (CDS). These are defined to include marijuana, heroin, cocaine, and the compounds used to manufacture them.  The CDS list is divided into five Schedules.  The categorization of the CDS drugs is according to a scale from the most dangerous drugs which have the highest possibility of abuse and addiction with no recognized medical value (Schedule 1), to the least dangerous drugs having the lowest probability of abuse with some recognized medical uses (Schedule 5).  Penalties.

Three of the four prescription drugs subject to the new trafficking laws are on Schedule 2.  This labels them as more dangerous than many other drugs on the market.  Trafficking in any of these drugs is a felony in Oklahoma. If charged with either felony or misdemeanor drug charges contact our Drug Lawyers Tulsa County

Contact  Our Drug Lawyers Tulsa County:

If you receive charges on a drug crime in Oklahoma, whether possession, control, or trafficking, it is critical that you have competent Drug Lawyers Tulsa County on your side.  Call our office today for a consultation, and let us assist you in minimizing the negative impact of a drug charge on your life.

 

Tulsa County Expungement Attorneys

Tulsa County Expungement

On November 1, 2014, Oklahoma is again amending its expungement laws.  They now provide extra relief for what types of crimes can receive expungement from an individual’s criminal record.  Under Oklahoma criminal law several types of Tulsa County expungement exist.  The two most common or deferred action expungements, sometimes called a section 991 expungement; and a complete expungement, also called a section 18 expungement.  It is important to note that not all expungements are equal nor provide the same relief.

Deferred Expungement Tulsa County:

Deferred action is when the court will withhold a finding a guilt upon a part.  This is as long as they enter a guilty plea and agree to pay fines and costs, as well as go through probation for a determined length of time.  Section 991 expungement occurs after an individual completes their probation associated with a deferred action associated with a guilty plea.  If a individual successfully completes their probation, then the charge shows as dismissed on background checks.  Certain documentation strikes from the record, but arrest records will still be available upon a background search.

Oklahoma Section 18 Expungement:

A section 18 expungement is a complete clearing of the criminal record, including sealing the arrest record. In order to have a criminal matter complete expunged from your record, the following must apply:

  1. You received an acquittal on the charge; or
  2. The conviction reverses with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reverses the conviction and the district attorney subsequently dismisses the charge; or
  3. Factual innocence re-establishes by the use of deoxyribonucleic acid (DNA) evidence after the conviction; or
  4. You receive a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which you receive the sentence; or
  5. You are under arrest and no charges of any type, including charges for an offense different than that for your original arrest, file and the statute of limitations expires or the prosecuting agency declines to file charges; or
  6. You were under eighteen (18) years of age at the time of the commission of the offense and you receive a full pardon for the offense; or
  7. You were charged with one or more misdemeanor or felony crimes, all charges have been dismissed, you were never been convicted of a felony, no misdemeanor or felony charges are pending against you, and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled (this doesn’t apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence); or
  8. You were charged with a misdemeanor, the charge has been dismissed following the successful completion of a deferred sentence, you have never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against you, and at least one (1) year has passed since the charge was dismissed; or
  9. You were charged with a nonviolent felony offense, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, you have never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against the person, and at least ten (10) years have passed since the charge was dismissed; or
  10. You receive a misdemeanor conviction, you have no felony convictions, no felony or misdemeanor charges are pending against you, and at least ten (10) years elapse since the end of the last misdemeanor sentence; or
  11. You were convicted of a nonviolent felony offense, you have received a full pardon for the offense, you have not been convicted of any other felony, you have not been convicted of a separate misdemeanor in the last fifteen (15) years, no felony or misdemeanor charges are pending against you, and at least ten (10) years have passed since the felony conviction; or
  12. You receive charges or arrest or are the subject of an arrest warrant for a crime of another person who used your name or other identification without the your consent or authorization.

As you can see there are several situations that allow for the complete expungement of a criminal record.  The most important change in this years amendment is that now the felony conviction can also receive expungement.  Prior to this change, if an individual had more than one criminal conviction an expungement would be unavailable.

While it may seem that expungement process is simple, that is far from true.  Several notice requirements must occur. First, a hearing needs scheduling.  Further, if part of the request for relief involves a pardon, the pardon itself must be complete prior to asking for a Tulsa County expungement.

Contact an Expungement Attorney in Tulsa, Oklahoma

If you have questions regarding an Oklahoma criminal record expungement or a pardon we can help. Contact our Criminal lawyers and talk with a Tulsa County expungement attorney.

Tulsa County Criminal Lawyers and Drug Court

Drug Court | Tulsa County Criminal Lawyers

Drug Court Alternative to Jail

All criminal drug charges in the state of Oklahoma carry with them serious consequences, if convicted. Whether you receive charges on possession of drugs (marijuana, cocaine, methamphetamine, heroin, etc.), drug distribution, or drug trafficking, among others, you have some obstacles ahead of you in your fight to stay out of jail.

First and foremost, your Tulsa Oklahoma Criminal Defense Attorney will seek to have your criminal charge or charges dismissed.  For example, if the arrest or interrogation process violates your constitutional rights, certain evidence may be inadmissible against you. If there are no valid grounds for having the criminal charge(s) dismissed, then your attorney will explore other options to minimize the severity of the consequences that may result.

The number one goal for accused individuals is to find a way to avoid jail time if dismissal of the charge(s) is not an option. In Oklahoma, most counties have drug court programs to address the underlying issues related to drug crimes and drug use in this state. The amount of money and resources used to keep drug offenders in jail is astronomical.  Further jail time has not proven to be the best form of rehabilitation. Depending on the unique facts, your Oklahoma Criminal Defense Attorney may be able to lessen your criminal charge. However, drug court may be inevitable depending on the nature and facts of your drug charge.

Who is Eligible for Drug Court:

In Tulsa County, as is the case in many other counties in Oklahoma, drug court is only felony drug offenses. As such, an individual charged with a first offense misdemeanor marijuana possession would not necessarily be required to participate in drug court. Subsequent drug possession charges may also be felonies and drug court is a definite possibility. Most other drug crimes may certainly result in mandatory drug court participation.

Drug court is somewhat like probation.  Accused individuals must attend rehabilitation programs, perform community service, and pass drug tests for a period of time. If the drug court process completes successfully, the drug charge dismisses. If the process is not successful, the individual may receive a jail sentence. Drug court has proven to be more successful than serving jail time, because drug offenders can address the underlying problems and rehabilitate while remaining a part of society. While Oklahoma has been slower than other states to ease up on the punishment for drug-related criminal charges, having a drug court program is a step in the right direction to reducing the cost of sending people to jail who really don’t deserve to be there in the first place.

Speak With a Drug Court Attorney:

Because drug charges in Oklahoma do have the potential to result in significant jail time, you should consult with a skilled Oklahoma Criminal Defense Attorney. If your drug charge is very severe, it may be difficult to avoid jail time. However, if you receive charges of drug possession, drug court may be the only alternative to jail time. In drug court, the underlying criminal charge dismisses if you comply with all rules and orders of the court. To fully understand what you are facing, you will need to speak with an attorney highly familiar in drug crimes.

Contact a Tulsa County Criminal Defense Attorney:

If you have a criminal charge and you need a criminal defense lawyer in Tulsa County call us today. We have helped many Oklahomans facing both misdemeanor and felony charges. Call for a free consultation regarding your drug case today.