918-550-9175

Facebook

Twitter

LinkedIn

Free Evaluation
logo
mobile logo
 

trial Tag

17 August
0 Comments
Sticky

More Commonly Asked Questions about a Criminal Case

Posted by Clint
in Blog
More Commonly Asked Questions about a Criminal Case

When people face criminal charges for the first time, they probably will hear many unfamiliar words used by law enforcement, judges, and attorneys. The previous blog explored common questions about the people involved in the criminal justice system. This blog discusses some of the terms people hear in court. What is the difference among a hearing, trial, and sentencing? A hearing is a pretrial court appearance. If the prosecutor decides to press charges against someone, he or she will attend a bail hearing and maybe an arraignment, which are hearings at which the judge decides bail and explains the charges. If the...

Continue reading
05 March
0 Comments
Sticky

What Does an Oklahoma Defense Lawyer Do?

Posted by Clint
in Blog
What Does an Oklahoma Defense Lawyer Do?

If you have been charged with a crime, you may be thinking about whether you need to hire a defense lawyer. Many people have questions about what lawyers will do for their case. Defense lawyers work for you, investigate the facts behind the charges against you, determine the best defenses for your case, and argue your case in court. Defense Lawyers Investigate Your Case Criminal defense lawyers investigate the charges filed against their clients to determine important facts for their defense in court. For example, defense lawyers interview witnesses who were at the scene of an accident and talk to friends and...

Continue reading
02 November
0 Comments
Sticky

What Is a Motion to Suppress?

Posted by Clint
in Blog
What Is a Motion to Suppress?

A lawyer defending a client accused of driving under the influence frequently will file a motion to suppress evidence on the client’s behalf. A motion to suppress asks the court to suppress, or not allow to be used in court, a certain piece of evidence. The motion argues that the evidence should not be used in court because it was obtained illegally, it is tainted, or for some other similar reason. Motions to suppress arise from the exclusionary rule in criminal cases. The exclusionary rule states that defendants have the right to have excluded from trial any evidence that was...

Continue reading
20 September
0 Comments
Sticky

Exclusion of Identification Evidence at Trial

Posted by Clint
in Blog
Exclusion of Identification Evidence at Trial

Exclusion of identification evidence at trial can be a turning point for a criminal case. Getting the judge to agree that alleged eyewitnesses should not testify that they saw the defendant at the scene of the crime requires an evaluation of all the circumstances of the identification. In a 1977 decision, the Supreme Court of the United States explained the test for excluding identification evidence. The decision, Manson v. Brathwaite, 432 U.S. 98 (1977), confirmed earlier case law in explaining why a police officer viewing a single photograph and then making an in-court identification did not violate the Due Process Clause...

Continue reading
21 June
0 Comments
Sticky

Sobriety Test Evidence at Trial

Posted by rainmakeradmin
in Blog
Sobriety Test Evidence at Trial

In Oklahoma, sobriety test evidence generally is admissible at trial. However, the validity of this evidence and of expert opinions on a driver’s intoxication can be challenged on a number of grounds. For example, tests may not have been administered correctly, equipment may be flawed, or experts may not be qualified to testify. Admission of Testimony Regarding SFTSs Although Standardized Field Sobriety Tests administered on the roadside to a suspected drunk driver are generally accepted nationwide, the highest Oklahoma criminal court has said that they are not true scientific tests. Anderson v. State, 2010 OK CR 27, 252 P.3d 211. In response,...

Continue reading