This is the first of a five-part series discussing new laws related to criminal defense that go into effect November 1, 2016. This post discusses HB 3146, which affects the ability of some cities to charge individuals with DUI. When this bill goes into effect, only the cities of Oklahoma City and Tulsa will be able to charge someone with a DUI. A DUI arrest in every other … [Read more...] about New Oklahoma laws in 2016 Part I – DUI prosecutions by municipalities
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What is aggressive defense?
I've had people ask me what it means to provide "aggressive defense." While the image of Tom Cruise shouting at Jack Nicholson in A Few Good Men may come to mind, shouting at someone is not exactly what it means to aggressively defend a client. Aggressive defense means that I will explore many avenues to get the best outcome for my clients. This involves thoroughly … [Read more...] about What is aggressive defense?
Pretextual stops — or — Why cops can use a minor traffic infraction as an excuse to stop you in hopes they can bust you for another more serious crime
The dictionary on my MacBook Pro defines pretext as "a reason given in justification of a course of action that is not the real reason." Consider the following scenario: If a cop thinks you have pot in your car and wants to stop you, can he use a minor traffic infraction to pull you over? The Supreme Court, in Whren v. United States, says YES. So long as a cop has … [Read more...] about Pretextual stops — or — Why cops can use a minor traffic infraction as an excuse to stop you in hopes they can bust you for another more serious crime
Collateral Consequences
Most people are familiar with the typical punishments for crimes such as prison or fines. However, there are numerous other very specific penalties attached to almost every crime. These are called collateral consequences. If all your attorney tells you is that you are facing up to X number or days in jail and some amount in fine, that is likely not the entire story. Be sure … [Read more...] about Collateral Consequences
A Simple Start to Each Case
My first step after interviewing a client seems pretty obvious, but surprisingly it's not always done. In the words of the great Pat Metze, "RGDS!". Put another way ... Read the statute! I read the statute of the crime my clients are charged with every time. Not everyone does this. Even the most experienced attorneys do not have every statute memorized. This is why we must … [Read more...] about A Simple Start to Each Case