criminal

DUI and Medical Marijuana in Oklahoma

Can I get a DUI even if I have a Medical Marijuana Card? 

In Oklahoma, the short answer is yes.  According to current Oklahoma Statutes, the ability to legally use a controlled substance for medical purposes does not mean that it is legal to operate a motor vehicle while under its influence (47 O.S. 11-902 (B)). This applies to any substance that might cause impairment, whether it is a prescription or not.  If a substance impairs cognitive function and normal reflexes it is neither safe nor legal to drive.  The legality of the substance is irrelevant.

  There are many prescriptions that have side effects that include drowsiness or impaired reflexes and it will say so on the bottle when you receive it.  “CAUTION!!! This medication may cause drowsiness!  Do not drive or operate heavy machinery until you know how it affects you!”  This applies to everything from heavy duty prescription narcotics to over-the-counter Benadryl.  

According to the law, Marijuana is no exception. This exemplifies a situation in which older statutes have not been updated to reflect new laws.  Marijuana is still listed as a Schedule I substance, even though Schedule I substances are considered to be those substances that lack a medical purpose (63 O.S. 2-203 63 O.S. 2-204 (C)(12)). The DUI Statute states that having anyamount of a Schedule I drug in your system is a violation (47 O.S. 11-902 (A)(3)). As such, testing positive is sufficient cause for prosecution, and the State does not have to prove that you were impaired, merely that it was in your system.  

This is problematic for those who use legal medical Marijuana due to the fact that it lingers in your body long after its mind-altering effects have worn off.  It can take up to thirty (30) days for your body to completely metabolize it. 

This is a burgeoning issue in law and the administrative and legislative branches of the government are still trying to manage the legalization of Marijuana for medical purposes.  As an individual, be sure to be responsible and take precautions to ensure your protection from a system that is still working out some of the kinks.

If you get stopped, politely decline from making any statements without your attorney present. Do not consent to taking the field sobriety test. Do not consent to a search of your vehicle. If you get arrested for a DUI call an experienced, aggressive, and compassionate team of attorneys that can handle the criminal and DPS issues for you. Why hire an attorney when you can hire a team?

Call Boeheim Freeman Law at 918-884-7791 for your free consultation.

Written by Lauren Stanley

Domestic Violence - Flawed Bill

Rules of Evidence

The rules of evidence are very specific and have been hammered out at the Federal and State levels through years of experience in watching the results of criminal and civil cases. The intent of these rules are to provide for a fair and just outcome. One of the Oklahoma rules, Title 12 O.S. § 2404(A)(1), is to prevent what might be perceived by a jury as a bad character trait, or a previous crime, from being used by the prosecution to prejudice the jury’s opinion of the defendant, instead of letting the facts speak for themselves. There is an exception built right into this rule (Title 12 O.S. § 2404(B)), which says it may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident. This is a well thought out and well written statute.

Weakening the Rules of Evidence

In an attempt to once again weaken the rules of evidence and to fix something that is not broken, the Oklahoma State legislature has proposed a legislative bill (HOUSE BILL 1093) that will bypass the above rule in cases of domestic abuse. At first blush, you might say that maybe domestic abuse cases may need some special consideration, but on the contrary this a proposed law which will only stand to put at risk sending an innocent person to prison based on perception instead of facts. §2404(B) along with several other exceptions provide the prosecution ample opportunity to enter this type of evidence to show a pattern of behavior. Also, if a jury was to find a defendant guilty of the crime, then the defendant would be looking at a much stiffer punishment for having previously committed the crime of domestic abuse. This proposed new law does not offer greater opportunity for the truth to come out, but instead plays into the mudslinging insanity that has irreparably damaged innocent lives of late.

Especially Faulty Language in House Bill 1093

Beside the fact that this law is redundant and more effectively handled by the current statutes, it adds dangerous language that opens the door to broad interpretation and possible misuse.

Here is what I mean, look at the words highlighted below from § D of the proposed bill:

D. For purposes of this rule, "domestic violence or abuse" means any incident of controlling, coercive or threatening behavior, violence or other act of abuse against a person in a relationship as specified in subsection C of Section 644 of Title 21 of the Oklahoma Statutes. The violence or abuse may be psychological, physical, sexual, economic or emotional.

The current statutes defining Domestic Assault and Battery couldn’t be clearer. Look for yourself, I have attached them to the bottom of this post.. This bills new definition of domestic violence or abuse would bring in an unrealistic number of normal domestic issues into the fold of what would be considered as domestic abuse. Remember that this applies to the following people: spouse, significant other, former person you lived with, or blood relative. You can no longer threaten those people in any way. No limiting sweets, sex, or spending money without a risk of that relationship being brought before a jury to be judged. You can’t even threaten such limitations.

Conclusion

Who among us is flawless? Who among us has had perfect relationships? When accused, should the prosecutor be able to spread before a jury all of your dirty laundry, or only that which is pertinent to the case at hand? This bill is redundant and flows from the same river that drowns our airwaves with fear mongering, innuendo, and unsubstantiated claims. Haven’t we learned from history? We have more than enough laws and rules of evidence (see below). Let’s focus our legislative energy on improving education and broadening our economic base for a stronger Oklahoma.

The Law

Title 21 O.S. 644(C)

Any person who commits any assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall be guilty of domestic abuse.

Title 21 O.S § 641. Definition of Assault.

An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another.

Title 21 O.S § 642. Definition of Battery.

A battery is any willful and unlawful use of force or violence upon the person of another.

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

Jury Trial - Not Guilty

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.