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12 March
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Could You Lose Your Government Benefits Because of a Drug Charge?

Posted by Clint
in Blog
Could You Lose Your Government Benefits Because of a Drug Charge?

People charged and convicted of a drug crime face many obstacles, such as continuing to receive government benefits. Depending on the benefit program, you may have to reapply or you may be barred altogether from receiving benefits. If you and your family rely on government benefits, research each program to determine whether you can receive them if you are convicted of a crime. Generally, simply being charged with a drug crime is not enough to affect your benefits eligibility because you are considered innocent until proven guilty. If you are convicted, many different programs have restrictions on receipt of benefits. For...

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09 March
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Could You Lose Your Driver’s License Because of a Drug Charge?

Posted by Clint
in Blog
Could You Lose Your Driver’s License Because of a Drug Charge?

Drug-related charges have consequences that not everyone expects. For example, a charge of driving under the influence of drugs, alcohol, or both results in revocation of your driver’s license unless you challenge the revocation within 15 days. Further, a charge of drug possession likely will result in license revocation. A “DUI” crime in Oklahoma includes not only driving while intoxicated by alcohol, but also driving while under the influence of any intoxicating or controlled substance. This may include prescription drugs and controlled dangerous substances (illegal drugs). Using any amount of an illegal drug while driving is a crime. 47 O.S. §...

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07 March
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Could You Lose Your Job Because of a Drug Charge?

Posted by Clint
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Could You Lose Your Job Because of a Drug Charge?

A drug charge or conviction could have a lifetime of consequences for you, including job loss. While the American legal system is founded on the premise that everyone is innocent until proven guilty, in practice, even a criminal charge without a conviction can have a substantial negative impact on people’s lives. Losing your job could be part of that impact. One way you could lose your job after being charged with a drug-related crime is through repeated absences. If you are arrested and jailed, it could be several days before you or a family member can call your manager to request...

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21 February
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Public Defenders and DUIs

Posted by Clint
in Blog
Public Defenders and DUIs

Imagine an unfortunate scenario: you are arrested for DUI and realize that there is no way you can afford a private attorney. Maybe you just lost your job, you are on public assistance, or you have been unemployed for a while. A DUI can seem like an insurmountable catastrophe in this situation, and you realize that you have no idea how to get a public defender. What next? The good news is that private attorneys are much more affordable for specialized criminal charges like DUI than most people think. Many attorneys charge flat fees or very reasonable hourly rates, or they...

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23 October
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Prior Out-of-State DUIs in Oklahoma

Posted by Clint
in Blog
Prior Out-of-State DUIs in Oklahoma

Prior out-of-state DUIs factor into sentencing for any DUIs committed in Oklahoma. If you have a prior DUI conviction from another state, learn more about how that conviction could affect your charges and sentence for an Oklahoma DUI. Ordinarily first-time DUI driver in Oklahoma are charged with misdemeanors. With a conviction or a deferred judgment from another state for DUI meeting the Oklahoma DUI requirements, a driver who has never been convicted of DUI in Oklahoma before will be charged with a felony. One exception is if you completed the sentence for your prior conviction more than ten years ago. 47...

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16 October
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What to Ask Your Lawyer Before You Accept a Plea Deal

Posted by Clint
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What to Ask Your Lawyer Before You Accept a Plea Deal

You should ask your lawyer a few key questions before you accept a plea deal. Plea deals usually involve a criminal defendant pleading guilty to a lesser crime – such as a citation instead of a misdemeanor or a misdemeanor instead of a felony – to avoid further prosecution. If you accept a plea deal, the lesser crime will appear on your record and you will face the consequences of that crime. Learn about the details of the proposed plea in your case before you agree to accept it. Is this plea the best deal for me? Not every plea ends...

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11 October
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Can a Drunk Driver Face Homicide Charges?

Posted by Clint
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Can a Drunk Driver Face Homicide Charges?

A drunk driver in Oklahoma can face homicide charges if his driving under the influence results in the death of another person. Many drivers who injure or kill others while under the influence of drugs or alcohol face manslaughter charges rather than homicide charges. Manslaughter charges require the prosecutor to prove different, and less demanding, requirements than homicide does. Unlike manslaughter, homicide requires a showing of intent. Usually, driver charged with homicide face second-degree murder or felony murder charges, not first-degree murder. First-degree murder is premeditated (“with malice aforethought”) and intentional or else the death occurs under one of the following...

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07 August
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The Oklahoma Aggravated DUI

Posted by Clint
in Blog
The Oklahoma Aggravated DUI

Oklahoma law includes a criminal charge for aggravated driving under the influence, which carries additional penalties and fines to a standard DUI charge. You may be charged with an aggravated DUI if your breath or blood test shows a blood alcohol concentration of 0.15 or more. Like the standard DUI charge, aggravated DUI is a misdemeanor punishable by ten days to one year in jail for a first offense and a fine of up to $1,000 if the case is pursued in state court. 47 O.S. § 11-902(C). In addition, a person convicted of an aggravated DUI will be sentenced to...

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