criminal

Is this justice?

The DA's office failed to prosecute the father, and laid all the blame on the mother. The lead investigator admitted that the investigation was influenced by the initial statements made by the parents, but the father then told the jury that he lied not once, not twice, but three times to police. Is this justice?

Fox 23 News

Hard fought trial results in a Not Guilty Verdict

Brian Boeheim and Ciera Freeman successfully defend this young man who was facing decades in prison.

Tulsa Man Acquitted Of Rape, Sexual Assault: The Latest

A Tulsa man is making plans for the future after a jury found him not guilty of rape and sexual assault.

FOX23.COM

 

Deferred Prosecution – It’s About Money

What is Deferred Prosecution?

Beginning in June of 2017, the Tulsa County DA began offering Deferred Prosecutions.  This is a contractual arrangement to not file charges on you even though you have been arrested. Simply put, if you will sign up for voluntary supervision, pay all of your fines and fees upfront, then they won’t even file charges against you.  Sounds like a dream come true, right?  Maybe not, keep reading.

Who is eligible?

This contractual arrangement is only available to people who have a clean record and no criminal history.  As you have read above, all the fines and fees must be paid in advance, so this will seriously limit the people that can take advantage of this program.

How much will it cost?

The supervision fee will be $240.  On top of that, you will have a fee of between $200 and $400 for each charge you were booked in on.  So, as an example, if you were arrested on Possession of Marijuana, No Driver’s License, and No Insurance; you would be looking at a total of  $1065.00 total up front before you can take advantage of this program.

What does the supervision look like?

Tulsa COURTS will supervise you, which is the same group that supervises people for Drug Court.  It will be for a minimum of 6 months, but could be 2 years.  You may have to do a Drug and Alcohol Assessment, Random Urinalysis Drug Testing, Restitution, Mental Health Evaluation, Community Service Hours, Stay Away Orders, GPS, or SCRAM Alcohol Monitoring.  Oh yeah, that is all at your cost.  Also, they can also come visit your home or place of employment.

What happens if I fail?

Even if you only have supervision for 6 months, if you run into trouble anytime within 2 years, you will not only have to deal with those charges, but the DA will file these old charges on you too.  They can also file the charges on you for any form of non-compliance.

Seems like a decent deal, what is the catch?

Your biggest concern is that you are waiving several of your Constitutional Rights!  First, you will have to sign an agreement that says that the State of Oklahoma has sufficient evidence to achieve a conviction.  Next you are waiving your rights to speedy prosecution and a speedy trial.  Also, you will be waiving the Statute of Limitations.  Finally, you will be waiving your rights to counsel.

Is there anything else I should know?

Yes.  You are also waiving your ability to challenge the lawfulness of your arrest.  You are also waiving your ability to challenge the search of your vehicle, home or person.

What should I do?

You have a right not to be singled out.  You have a right not to be harassed because of who you are or what neighborhood you come from.  You also have a right to your privacy.  Hire a qualified attorney that is not afraid to fight for your rights.  If the DA was going to give you the Deferred Prosecution then they most likely will still offer you Deferred Probation, which is practically the same thing without waiving all of your rights.

Why is the DA offering this?

It is about the money.  This method of handling cases will shift money from the Court Fund to the DA Fund.  This isn’t about helping you, but instead a way of funding the DA’s Office.

Robbery in Oklahoma

If you are accused of robbery, there could be very significant penalties at stake. While most theft crimes are considered property crimes, robbery is considered a violent crime against the person.  Depending on the type of robbery with which you are charged, you could be facing up to life in prison.

What is Robbery?

Someone who discovers their property missing may say they have been “robbed.”  This is actually larceny or burglary.  While larceny and burglary generally depend upon stealth, robbery is about the force or fear used to commit the crime.  Robbery is defined by Oklahoma law as “a wrongful taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear” (21 O.S. § 791).  The state divides robbery into several classifications, including first degree, second degree, conjoint, and armed robbery.

First Degree Robbery

Defined in 21 O.S. § 797, first degree robbery occurs under one or more of four specific circumstances:

1.    inflicts serious bodily injury upon the person;

2.    threatens a person with immediate serious bodily injury;

3.    intentionally puts a person in fear of immediate serious bodily injury; or

4.    commits or threatens to commit a felony upon the person.

First degree robbery is a felony punishable by a minimum of 10 years in prison. It is also an “85 percent crime,” under O.S. 21 § 13.1, a person convicted of this crime must to serve a minimum of 85 percent of the sentence before the possibility of parole.  With that said, there is case law that brings the minimum down to 5 years, but judicial notice should be invoked.

Second Degree Robbery

Second degree robbery does not carry the same requirement that the force results in serious bodily injury or that the fear is the intentional threat of serious bodily injury.  Second degree robbery is a lesser offense than first degree robbery, and it is not an “85 percent crime”.  Robbery in the second degree brings a possible sentence of up to 10 years in prison.

Conjoint Robbery

Conjoint robbery, or robbery committed by two or more people conspiring or acting together to accomplish the robbery is a serious felony where each person involved faces 5 to 50 years in prison.  Like first degree robbery, conjoint robbery is an “85 percent crime”.

Armed Robbery

Robbery or attempted robbery with a dangerous weapon or imitation firearm (21 O.S. § 801) carries a minimum sentence of 5 years in prison.  It is important to note that this law also includes failed attempts.  It does not matter if the gun was not loaded, or even if the “firearm” used was a fake.  Because the motive behind the use of an unloaded or imitation gun is still “force or fear,” it is considered armed robbery even with a toy gun.  Robbery or attempted robbery with a dangerous weapon or imitation firearm is an “85 percent crime”.  

Robbery is a Serious Felony

Robbery charges are very serious and the DA’s office prosecutes these cases aggressively.  You or your loved one could be facing decades in prison, mandatory minimum sentencing, and even registration with law enforcement for placement on the Oklahoma Violent Offender Registry.  Call us today at 918-884-7791 to discuss how we can defend you or your loved one from a Robbery charge.