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20 December
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Taking the Fifth

Posted by Clint
in Blog
Taking the Fifth

The Fifth Amendment to the Constitution states plainly that no one “shall be compelled in any criminal case to be a witness against himself”. Many people call this refusal to testify “taking the Fifth” or “pleading the Fifth”. It is also referred to as the right against self-incrimination. Criminal defendants may take the Fifth in a criminal trial. Rather than testifying, the defendant must indicate his intention not to testify to avoid incriminating himself. His attorney, the prosecutor, and the judge cannot force him to testify. However, if the defendant takes the stand and answers a few questions, then tries to...

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15 November
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Appearances Matter in the Courtroom

Posted by Clint
in Blog
Appearances Matter in the Courtroom

Appearances matter in the courtroom, whether you are a party to the case, a witness, or a jury member. Criminal defendants who are attending court should take care to present a good appearance for the judge and jury to see. In a DUI or other criminal case, the defendant who is charged with a crime is on trial from the moment he first steps into a courtroom. Even though the real trial may not happen until later, his appearance at the arraignment and any pretrial hearings matters. They may not admit it, but the demeanor of a defendant or witness may...

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30 August
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Do I Have the Right to a Jury Trial for a DUI Charge?

Posted by Clint
in Blog
Do I Have the Right to a Jury Trial for a DUI Charge?

In Oklahoma, people charged with DUI felonies and misdemeanors have the right to a jury trial. The number of jury members varies, however, depending on the charge. You should understand when you have the right to a jury and when you might want a bench trial (in front of only a judge) instead. The Oklahoma Constitution states that the right to a trial by jury is “inviolate,” except in civil cases where the amount in controversy is $1,500 or less or in criminal cases with potential fines of $1,500 or less. Oklahoma Constitution, Section II-19. In criminal cases in which the...

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