criminal defense lawyer, Immigration
Brian Boeheim
Know Your Rights: Walking in Oklahoma

In Tulsa, Oklahoma; a pedestrian is not legally required to produce and hand over state-issued identification to a police officer during a casual or consensual encounter. This is not an absolute right, as the legal obligation to identify yourself hinges entirely on the nature of the police interaction.

Know Your Rights: Walking in Oklahoma
Brian Boeheim
Has the Truth Lost its Bite?

Younger Oklahoma jurors, accustomed to a world of filtered selfies and carefully constructed online narratives, might be more forgiving.  They may be less likely to see past lies as indicative of a fundamental character flaw for truthfulness in criminal trials.

Has the Truth Lost its Bite?

tulsa attorney

The Courtroom Gatekeepers: How Oklahoma Decides What Evidence Jurors Can See

The Courtroom Gatekeepers: How Oklahoma Decides What Evidence Jurors Can See

In a criminal trial, someone’s freedom is on the line. When a prosecutor tries to convict a defendant, or a defense attorney fights to clear their client’s name, they cannot simply walk into an Oklahoma courtroom and say whatever they want. Under Oklahoma law—specifically statutes 12 O.S. § 2401 and § 2402—the court relies on strict rules that act like security guards at the door. Rule 2401 defines what evidence is "relevant," while Rule 2402 lays down the law: if evidence is not relevant, it stays out. These rules protect jurors from getting distracted by pointless drama so they can focus on what actually happened. To get past the courtroom door, every piece of evidence must pass a two-part test: it must be material and probative.

First Amendment Free Speech: Government vs. Private Infringement

First Amendment Free Speech: Government vs. Private Infringement

The First Amendment explicitly dictates that the government—whether at the federal, state, or local municipal level—cannot punish you, censor your speech, or unlawfully restrict your expression. If a government entity or law enforcement agency attempts to silence your lawful speech, that is a direct violation of your constitutional rights.

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Why Remaining Silent Matters

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Why Remaining Silent Matters

When interacting with Tulsa law enforcement, you hold two fundamental constitutional shields: the right to an attorney and the right to remain silent. Exercising these rights immediately is critical because anything you say can—and will—be used to build a case against you. However, navigating a police encounter in Oklahoma requires understanding the fine line between invoking your Fifth Amendment rights and facing unexpected legal complications.

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Balancing Justice: How Criminal Bonds are set in Oklahoma?

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Balancing Justice: How Criminal Bonds are set in Oklahoma?

In the Oklahoma criminal justice system, the mechanism of setting bail is a delicate constitutional balancing act. At its core, the pre-trial bond system must balance two competing mandates: protecting public safety and ensuring that a defendant—who remains legally presumed innocent—returns to answer the charges in court. By law, bail is designed solely as a tool to guarantee court appearances, never as a mechanism for pre-trial punishment.

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What is a Conflict Appointed Attorney?

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What is a Conflict Appointed Attorney?

Most indigent defendants are represented by a Public Defender’s (PD) Office. These offices are filled with dedicated attorneys. However, an attorney’s primary duty is undivided loyalty to their client. Sometimes, ethical rules prevent a PD from taking a case due to a conflict of interest. That is where conflict appointed attorneys come in to play.

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Why is Impeachment Not Hearsay?

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Why is Impeachment Not Hearsay?

In the realm of evidence law, the distinction between impeachment and substantive evidence is the primary reason why impeachment is not considered hearsay. To understand this, one must look at the legal definition of hearsay and the specific purpose for which impeachment evidence is offered.

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Waiving the Right to Be Present in Criminal Court

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Waiving the Right to Be Present in Criminal Court

Under Oklahoma law, the right of a criminal defendant to be present at trial is guaranteed by Article 2, Section 20 of the Oklahoma Constitution and Title 22 of the Oklahoma Statutes. While this right is fundamental, it is not absolute. Tulsa Oklahoma courts interpret this right as one that can be waived, either expressly by the defendant or impliedly through their conduct.

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Rebuttal and Impeachment Witnesses

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Rebuttal and Impeachment Witnesses

The law does not require the impossible. Rebuttal and impeachment evidence is often introduced to address unexpected evidence presented by the opposing party, and the nature of rebuttal testimony makes it impractical to mandate prior disclosure. Courts have consistently held that rebuttal and impeachment witnesses need not be endorsed or disclosed in advance, as the evidence they provide is contingent on the developments during the trial.

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Pleading the Fifth: It Doesn't Mean You Can Always Remain Silent

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Pleading the Fifth: It Doesn't Mean You Can Always Remain Silent

The Fifth Amendment is a fundamental safeguard for the individual against the power of the state. But it's not a magic wand to avoid any and all uncomfortable questions in a legal setting. It is a specific and vital protection against being forced to be a witness in your own criminal downfall, and nothing more.

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The Gun Under the Seat: Why It's Legally Yours

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The Gun Under the Seat: Why It's Legally Yours

Ultimately, the driver is responsible for everything in their vehicle.  Understanding constructive possession is crucial for any driver, as it highlights a legal reality: a weapon in your car can be legally treated as a weapon in your hands.

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Illegal Seizure and the 4th Amendment

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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.

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Prosecutorial Discretion

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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.

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The Big Debate on Bail Bonds

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The Big Debate on Bail Bonds

We have seen recently how having too low a bond allowed defendants with long violent criminal records to get back out on the street, only to commit more crimes and in some cases the death of innocent people. Judges have a difficult decision in balancing the constitutional rights of a defendant, who is innocent until proven guilty,

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Right to a Speedy Trial in Oklahoma

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Right to a Speedy Trial in Oklahoma

Speedy Trial Rights…how to fight long delays and when does it come into play.

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4th Amendment – Not Justice for All

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4th Amendment – Not Justice for All

…it once again reinforces the degradation of the 4th amendment and our rights to protection against government agencies being able to reach into our lives based on their subjective intent, instead of hard-fast evidence.

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Leverage in Criminal Cases

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Leverage in Criminal Cases

Why should your attorney have trial experience? The threat of trial is one of the strongest pieces of leverage you have in order to negotiate with the prosecutor. Make sure your attorney provides you that leverage.

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4th Amendment - Unconstitutional Stop

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4th Amendment - Unconstitutional Stop

In a time when society’s relationship with the police seems fractured, our judiciary must draw a line in the sand to prevent the 4th Amendment from being further dismantled.

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Women In Recovery Graduation

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Graduation

This past Thursday evening I had the privilege of watching the Women in Recovery (WIR) graduation event. This was very special because of it was the 10th anniversary of the WIR program, and we had three (3) of the graduates as clients. (25% of the graduating class) It is a wonderful thing to see how far these courageous women have come, and what an inspiration they are to the next group coming through the program.

Women In Recovery

Women in Recovery (WIR) is an intensive outpatient alternative for eligible women facing long prison sentences for non-violent drug-related offenses. Operated in partnership with the George Kaiser Family Foundation, WIR works closely with the criminal justice system and various community partners to ensure program participants receive supervision, substance abuse and mental health treatment, education, workforce readiness training and family reunification services.

Hard Work

The women that go through this program have to be committed to doing the work necessary to battle their demons. The demons of their addiction, the demons of their past, and the demons of a still uncertain and challenging future. The program provides them with the opportunity to gain skills to stay sober, and cope with the challenges life, but in the end it is their commitment to being a better version of themselves that will make them successful for the rest of their lives.

Proud of our Contribution

We at Boeheim Freeman Law are proud to have helped so many women get into this great program, and stay in the program. It isn’t always easy. Sometimes it takes a great deal of persuasion to get the right parties to agree to give this individual a chance and sometimes a second chance. Too often the DA’s office objected to their entry and demanded prison time for these women who clearly had addiction issues. We overcame those objections and with the hard work and commitment of our clients, the DA’s office was proven wrong. In the past few graduating classes we have had women the DA’s office fought hard to send to prison. One in particular, completed the program sanction free, which is nearly impossible to do. Her hug and whispered “thank you” reminds us how important it is to continue to fight for both women and men who suffer from addiction and mental health issues, so they have an opportunity to get help and not just have their liberty taken.

Valuable Part of Society

Congratulations to the current graduating class and to all of the past graduates who work every day to be the best version of themselves. You should be very proud of yourselves!

Author: Brian J. Boeheim

Boeheim Freeman Law - 918-884-7791

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Legal News & Case Updates

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Legal News & Case Updates

This is a shining example of the Tulsa District Attorney’s Office and Criminal Defense Team at Boeheim Freeman Law working together to help the community and in this case a single individual who needs help, not incarceration.

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Will Marijuana Help the Opioid Crisis?

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Will Marijuana Help the Opioid Crisis?

Will legalizing marijuana help elevate the opioid crisis? In theory yes, but the research comes to a less clear conclusion.