Criminal Law

Drug Trafficking - The Presumption of a Greater Crime

Drug Trafficking - The Presumption of a Greater Crime

A significant misperception exists surrounding the criminal charge of drug trafficking in Oklahoma. The critical element that escalates a charge from simple possession to the much more severe offense of trafficking is not proof of sale, distribution, or transportation. It is purely the weight of the substance found in a person's possession.

Objection Hearsay! What Does that Mean?

Objection Hearsay!  What Does that Mean?

At its core, the rule against hearsay is designed to ensure that evidence presented in court is reliable, credible, and can be tested for its truthfulness. Ultimately, the hearsay rule and its exceptions represent a careful balancing act.  The goal is to filter out unreliable gossip and second-hand accounts while still allowing for the admission of evidence that, despite being hearsay, carries strong indicators of trustworthiness.

Illegal Seizure and the 4th Amendment

Illegal Seizure and the 4th Amendment

What constitutes a legal versus unconstitutional seizure of a person? In Oklahoma, knowing the law can make the difference when it comes to your liberty. Criminal procedure is not a suggestion, it is the law.

Prosecutorial Discretion

Prosecutorial Discretion is a power entrusted to prosecutors in criminal law matters, allowing them to decide which charges to bring against an individual and whether to pursue prosecution at all . This article delves into the various advantages and disadvantages of prosecutorial discretion.

Can I Get Charged with a Burglary and a Robbery?

Can I Get Charged with a Burglary and a Robbery?

What are the primary differences between robbery, burglary, and larceny? It comes down to whether the victim of the crime was present at the time of the burglary or the larceny. These terms are wrongly used interchangeably but are not the same crimes and have different legal consequences.