Facebook

Twitter

LinkedIn

 

Clint Patterson Tag

After the Court Case: What Next?

After the Court Case: What Next?

You worked hard to fight your DUI charges in court. Maybe you won, or maybe you lost and were found guilty. Maybe you are pursuing an appeal. Whatever the outcome, you may find that your life is very different than before your arrest. Sentencing If you were found guilty, the court will set a date for your sentencing. At the sentencing, the court decides which punishments to impose for your crimes. For example, the law may require a year in jail as a mandatory sentence but leave other punishment up to the court. In DUI cases, the laws often require some length...

Continue reading

Discrediting Eyewitness Testimony

Discrediting Eyewitness Testimony

At a criminal trial, the prosecution and defense work hard to discredit eyewitness testimony offered by the opposing side. The effect of discrediting the observations of a key witness in front of a jury can be extremely influential in a case’s outcome. Lawyers use numerous techniques to show that an eyewitness is unreliable, some of which are outlined here. Questioning About the Accuracy of a Witness’s Memory One of the most powerful ways to discredit an eyewitness involves questioning the accuracy of that witness’s memory. For example, a lawyer might ask whether the witness was under the influence of any drugs or...

Continue reading

Ignition Interlock Devices and Personal Breathalyzers

Ignition Interlock Devices and Personal Breathalyzers

In the state’s quest to prevent drunk driving and punish drivers who violate the law, ignition interlock devices as DUI prevention have become increasingly popular. At the same time, drivers looking to avoid the consequences of a DUI often use personal breathalyzer devices. Oklahoma drivers who have their licenses revoked after a DUI arrest and do not seek an administrative hearing may obtain a modified license to drive. One condition of the modified license is installation of an ignition interlock device on the car or cars they drive. In addition, many drivers receive an ignition interlock requirement as part of a...

Continue reading

Police Officers’ Authority to Extend Oklahoma Traffic Stops

Police Officers’ Authority to Extend Oklahoma Traffic Stops

A close look at Oklahoma case law shows that police officers have wide authority to extend traffic stops at will. The leading Court of Criminal Appeals opinion, Seabolt v. State, 152 P.3d 235, 2006 OK CR 50, states that police officers must have reasonable, articulable suspicion to extend a traffic stop beyond the typical formalities. In Seabolt, the court evaluated the particular stop at issue under a totality of the circumstances approach, meaning it looked at everything that happened to determine whether the officer initiating the stop had a reasonable suspicion that a crime had been committed. To the contrary, the...

Continue reading

Bail: How Does It Work?

Bail: How Does It Work?

If you or a loved one needs to make bail, you probably have questions about the process. Here are a few tips to help you move forward. After you have been arrested, you will be booked into jail, where you will wait until your first time seeing a judge. This initial appearance is called an arraignment. At the arraignment, you will be told the charges against you. The judge will set a bond amount that you must post to leave jail and return home to your family. Sometimes, the judge will release you on an “Own Recognizance” Bond, meaning you do...

Continue reading

Questioning Lab Reports at Trial

Questioning Lab Reports at Trial

A slew of court opinions in the past 10 years examine issues relating to the introduction of lab tests and lab reports at trial. These cases are important in many DUI cases, because the prosecution will seek to use the lab report as evidence, while the defense attorney will try to keep it out of court. Many of the opinions about lab reports relate to Confrontation Clause issues. The Confrontation Clause of the Sixth Amendment to the Constitution requires that a defendant in a criminal case have the opportunity to confront – meaning, usually, to cross-examine – witnesses used against him. In...

Continue reading

What Is Impeachment Evidence?

What Is Impeachment Evidence

In criminal cases, lawyers use various types of evidence to question the accuracy of witnesses’ testimony. The process is called impeachment. Various different kinds of impeachment evidence may show that a witness is not being truthful, such as if prior statements to the police contradict testimony on the stand, or that a witness was not able to observe what happened, such as if the witness has poor vision. Oklahoma law permits lawyers to use specific types of evidence for impeachment purposes. Lawyers may question the witness they are trying to impeach, or they may question a different person to impeach a...

Continue reading

When Prosecutors Withhold Exculpatory DUI Evidence

When Prosecutors Withhold Exculpatory DUI Evidence

Our criminal justice system is still grappling with the reality that prosecutors and other state employees do withhold exculpatory evidence in DUI and other cases. When defense attorneys learn that evidence has been withheld, they may be able to challenge convictions. In recent news from Massachusetts, staff at a state crime lab routinely withheld exculpatory evidence from DUI defense attorneys for more than five years. The discovery by investigators of unwritten rules to never turn over documents including “evidence that breath testing devices had failed to properly calibrate during the office’s certification process” could provide grounds for appeal in thousands of...

Continue reading

Which to Choose: Administrative Hearing or Modified Driver’s License?

Which to Choose: Administrative Hearing or Modified Driver’s License?

During your arrest on DUI charges, an Oklahoma police officer seized your driver’s license. You still need to drive to get around town, but you are not sure how or if you can get your license back. Do you need to apply for an administrative hearing or request a modified driver’s license? If you want to continue driving, the answer is yes. Administrative Hearing Drivers who have their licenses seized may get them back quickly if they request administrative hearings with the Department of Public Safety. You will receive the police officer’s affidavit regarding the license revocation. If your license was valid...

Continue reading

Anonymous Witnesses in Criminal Cases

Anonymous Witnesses in Criminal Cases

Do you have the right to confront anonymous witnesses used by the prosecution in a criminal trial? A recent federal court case posed this question when anonymous witnesses testified in court. At the trial, several witnesses testified against the accused, who allegedly smuggled an illegal immigrant across state lines. The prosecution claimed that these witnesses faced a safety risk by testifying, so their true names and identities were concealed from the accused and her attorney. While her attorney was able to cross-examine the witnesses and received information about their criminal histories and the benefits they received from assisting law enforcement, the...

Continue reading