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knowing Tag

27 September
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Guilty Pleas: What You Can Expect in Court

Posted by Clint
in Blog
Guilty Pleas: What You Can Expect in Court

One key Supreme Court case describes your rights and what you can expect if you make a guilty plea in court. In Brady v. United States, 397 U.S. 742 (1970), the Court considered whether the guilty plea of a defendant who changed his plea due to new information about his co-defendant was voluntary. In doing so, the Court explained how to evaluate whether a guilty plea is voluntarily, intelligently, and knowingly made. Guilty pleas are not voluntary if they are “induced by threats (or promises to discontinue improper harassment), misrepresentation (including unfulfilled or unfulfillable promises), or perhaps by promises that are...

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18 August
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Intent in DUI and Possession Cases

Posted by Clint
in Blog
Intent in DUI and Possession Cases

People use the word “intent” in criminal cases all the time, but many do not realize that not all crimes require a showing of intent. For example, Oklahoma DUI laws have no intent requirements. As a result, it does not matter whether you intended to drive drunk. You can still be convicted of DUI. However, possession in Oklahoma does have an intent element – you must knowingly have possession. The intent requirement is known in criminal law as the mens rea. If a crime requires no mens rea – no general and specific intent – it is called a strict liability...

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31 July
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Facing a Possession of Controlled Dangerous Substances Charge

Posted by Clint
in Blog
Facing a Possession of Controlled Dangerous Substances Charge

If you have been charged with possession of controlled dangerous substances, you and your loved ones probably have many questions about the charges. Oklahoma's strict drug possession laws carry hefty sentences and fines, so it is important to understand the nature of the charges against you, possible defenses, and the consequences if you are convicted. Controlled dangerous substances are defined in 63 O.S. § 2-204 through 2-212 and include a wide range of drugs and other substances such as heroin, cocaine, marijuana, LSD, and more. In Oklahoma, knowing or intentional possession of controlled dangerous substances (CDS) is illegal. 63 O.S. §...

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