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Dog Bites

Posted by E. W. Childers | Oct 21, 2019 | 0 Comments

Dog bite cases are generally awful for both the victim and the dog owner. Dog bites are an especially nasty form of injury and the emotional trauma of being attacked by a vicious animal in a place where one has a they have a right to be can be substantial. On the flip side few dog owners really ...

Child Abuse and Neglect

Posted by E. W. Childers | Oct 15, 2019 | 0 Comments

A child abuse charge is an ugly situation whether the accused is guilty or innocent and it has to be handled with special care since the mere accusation has a tendency to outrage the community. The penalties available to the Jury and the Court for sentencing in many of these cases are very broad,...

Animal Neglect and Cruelty

Posted by E. W. Childers | Oct 11, 2019 | 0 Comments

When we keep animals for our benefit the law maintains that we owe them duties of care and safeguarding. Sometimes, for various reasons, the proper care and safeguarding of animals is not accomplished. I find that generally, even simple neglect of animals, though it can be charged as a misdemeano...

Home Repair Fraud

Posted by E. W. Childers | Oct 10, 2019 | 0 Comments

In Oklahoma a number of acts related to running a commercial home repair business are illegal. 15 O.S. §765.2 sets forth the following as specific violations: A person commits the offense of home repair fraud if the person knowingly or with reason to know: 1. enters into a consumer transactio...

About Domestic Violence Cases in Oklahoma

Posted by E. W. Childers | Oct 08, 2019 | 0 Comments

In Oklahoma a domestic violence case, even a misdemeanor, is a serious issue and always requires representation by counsel to achieve the best results possible. So what makes a case a domestic violence case? A simple assault and battery is an incident between two people where one of them harmfu...

Stealing Cars in Oklahoma

Posted by E. W. Childers | Oct 07, 2019 | 0 Comments

There are several statutes that prohibit car theft and they are used under different circumstances.  Larceny of a Motor Vehicle.  The most obvious one is 21 O.S. §1720 and it reads, in full, as follows: Any person in this state who shall steal an aircraft, automobile or other automotive drive...

Violating a VPO

Posted by E. W. Childers | Oct 04, 2019 | 0 Comments

What is a Victim Protective Order? A VPO is a court order issued by a judge after a hearing or by default if the defendant fails to appear after being given notice of the hearing. The effect of the court order is to make it a crime for the defendant to do anything forbidden by the terms of the o...

Contraband in a Penal Facility

Posted by E. W. Childers | Oct 03, 2019 | 0 Comments

It is illegal for anybody to bring certain forms of contraband into a jail or prison in Oklahoma. 57 O.S. §21 Provides that persons bringing guns, knives, bombs, or any dangerous instrument, any controlled dangerous substance, any intoxicating beverage or low-point beer, money or financial instr...

Bail and Bail Bonds

Posted by E. W. Childers | Sep 25, 2019 | 0 Comments

If you are accused of a crime you have the right to be released pending trial on your case unless... well, unless rather a lot of stuff. Here are some general categories with examples: In truth, you are usually only going to be released pre-trial if the State doesn't consider the crimes you are...

Am I Going to Lose My CDL?

Posted by E. W. Childers | Sep 24, 2019 | 0 Comments

In Oklahoma if you have a Commercial Drivers License and plead guilty (even if the sentencing is deferred and even if you only have a fine) then you will lose your commercial drivers license in accordance with 47 O.S. §6-205.2:

Probation: Revocations and Accelerations

Posted by E. W. Childers | Sep 20, 2019 | 0 Comments

In Oklahoma a lot of criminal charges end up being resolved by some form of probation. There are many reasons for this including money, money, justice, and money. But for people who are in fact guilty of some crime probation is very often a good outcome because being incarcerated is terribly dama...

Should I talk to the Police?

Posted by E. W. Childers | Sep 18, 2019 | 0 Comments

No. Identify yourself, provide your license and insurance, but otherwise decline to answer questions. Why Not Talk to the Police? It is perfectly possible to implicate yourself in a crime you didn't commit. Something as simple as admitting that you were anywhere near a crime scene (possibly whe...

What is the Oklahoma Divorce Process?

Posted by E. W. Childers | Sep 13, 2019 | 0 Comments

The whole process of getting divorced in Oklahoma is very confusing to the layman but with a little explanation it makes a lot of sense. The simplest way to illuminate the process is by discussing briefly the events and filings themselves in roughly the order they typically occur. There can be so...

How Low Can I Go in Oklahoma?

Posted by E. W. Childers | Sep 11, 2019 | 0 Comments

What is statutory rape? Statutory rape is a sex offense that is considered rape because, essentially, it would be legal but for the statute. Let's start with "what is rape?" In Oklahoma, rape is defined as set forth here: A. Rape is an act of sexual intercourse involving vaginal or anal pene...

What is a pretexual traffic stop?

Posted by E. W. Childers | Sep 06, 2019 | 0 Comments

A pretextual traffic stop is when a cop stops you for a minor traffic offense so that they can then investigate you for some other worse offense that they don't have evidence for yet. For example, a vehicle momentarily crosses the center line (or is traveling at 1 mph above the speed limit, or h...

Can I Possess a Firearm in Oklahoma?

Posted by E. W. Childers | Sep 04, 2019 | 0 Comments

Can you have a firearm?  The law regarding possessing firearms is very complicated unless you are a felon, then it is very easy. and generally no you cannot.  Following are some of the rules governing possessing firearms for people involved in the criminal justice system. Special Note: the answe...

What happens at a Preliminary Hearing in Oklahoma?

Posted by E. W. Childers | Sep 03, 2019 | 0 Comments

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 prelimina...

Pre-Sentence Investigations

Posted by E. W. Childers | Sep 01, 2019 | 0 Comments

In Oklahoma criminal cases, a presentence is a court-ordered report compiled by the Department of Corrections. 22 O.S. §982 sets forth a requirement that prior to sentencing on any "violent offense" (with a list of the particular offenses, which does not happen to include every offense I would co...

Dividing Military Retirements in Divorce

Posted by E. W. Childers | Aug 31, 2019 | 0 Comments

Military Retirements The most valuable asset most active-duty military families have is a service member's pension. Once earned it pays a substantial amount of money until the service member dies, or in the case of proper planning until both the member and their spouse have died. Like other mar...

Municipal Court Trials and Appeals

Posted by E. W. Childers | Aug 27, 2019 | 0 Comments

There are two kinds of municipal court in Oklahoma and they are distinguished from each other by the population of their municipalities.  If the population is large enough then the court is a "court of record" which essentially means that its convictions count against you in the future since an o...

Dropping the Charges

Posted by E. W. Childers | Aug 26, 2019 | 0 Comments

What We Think About Dropping Charges Many people are confused about the process by which charges are or must be dropped. This is because they are often confused about how charges get filed in the first place. We all watch a lot of TV and believe that after whatever incident the victims get to pr...

85% Crimes in Oklahoma

Posted by E. W. Childers | Aug 21, 2019 | 0 Comments

In Oklahoma for a run of the mill felony that results in a prison sentence an inmate is allowed to accrue credits for service and good behavior that will result in early release or parole after one-third (1/3) of the sentence in calendar days has been served. For example, a sentence of nine (9) y...

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