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What Happens During a Typical Arraignment?

What Happens During a Typical Arraignment?

During a typical arraignment, a person arrested for a crime hears the charges against him and enters a plea to the judge. An arraignment happens after the person is arrested. He may spend some time in jail immediately after the arrest, depending on when a judge is available or when the arraignment is scheduled. During the Arraignment An arraignment is the first time that someone accused of a crime (called a “defendant”) meets a criminal court judge. This hearing will take place at a courthouse in a courtroom, where the judge sits at the front of the room. There may be many...

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You Served Your Sentence for a DUI or Drug Crime. Now What?

You Served Your Sentence for a DUI or Drug Crime. Now What?

Finally, you finished serving your sentence for a DUI or a drug crime. Whether you had to spend time in jail or prison, or you had to pay fines and take alcohol education classes, it is all over. Now you may be wondering what is next. Double-Check that You Completed All Terms of the Sentence First, double-check with your lawyer or the court that you have truly completed all the requirements of your sentence. Sometimes there will be a requirement saying that you have to take random BAC tests or check in with a probation officer for months or years after you...

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What Is a District Attorney? Commonly Asked Questions about a Criminal Case

What Is a District Attorney? Commonly Asked Questions about a Criminal Case

Many people arrested for DUI or drug charges have never been to court or faced criminal charges before. They usually have many questions about the legal process and what to expect. This blog is one in a series that answers frequent inquiries about the criminal process, starting with the major players you may encounter in criminal court. What is a district attorney? A district attorney is a lawyer who acts as representative of the city, county, state, or country in criminal cases. District attorneys are also called prosecutors or attorneys general, depending on the court location and situation. They decide which crimes...

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What Does an Oklahoma Defense Lawyer Do?

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...

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Impaired Driving Elimination Act Violates Due Process, Court Says

Impaired Driving Elimination Act Violates Due Process, Court Says

The Oklahoma Supreme Court has declared that the newly enacted Impaired Driving Elimination Act is unconstitutional. Due to go into effect on November 1, 2017, the Act would have virtually eliminated the administrative hearing process for revocation of driver’s licenses, would have made refusal of a breath test illegal, and would have expanded use of ignition interlock devices. A group of Oklahoma attorneys challenged the Act in court last summer, and the court halted implementation of the Act while the legal challenge was pending. Just recently, the Oklahoma Supreme Court issued its ruling declaring that the Act violates due process and...

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Appearances Matter in the Courtroom

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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Challenging Oklahoma Blood Test Results in Court

Challenging Oklahoma Blood Test Results in Court

If you had your blood tested after a DUI traffic stop in Oklahoma, you may be wondering how to challenge the blood test results in court. Generally, blood tests have fewer calibration and procedural problems than breath tests, but there are still defense strategies to explore. In Oklahoma, the blood test must be administered in accordance with the testing laws, including 47 O.S. § 752. Only an authorized person, such as a doctor, nurse, physician’s assistant, or other employee approved by the hospital can draw your blood. This person must receive a written order authorizing blood withdrawal. For example, a law...

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Key Oklahoma Court Decision Calls Breathalyzer Results into Question

Key Oklahoma Court Decision Calls Breathalyzer Results into Question

After the Oklahoma Civil Court of Appeals called into question whether pieces of a breathalyzer device used on a DUI defendant were properly approved, thousands of other breath tests could be questioned. The decision became final when in mid-2016, the Oklahoma Supreme Court refused to hear the case. However, the full impact of the court’s findings in Sample v. State, 2016 OK CIV APP 62 has yet to be assessed. In brief, the defendant challenged the procedure used to approve use of two pieces of the breathalyzer. The device used was the Intoxilyzer 8000. Instead of being approved by the State...

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Overview of the Oklahoma Criminal Justice System

Overview of the Oklahoma Criminal Justice System

Understanding the different parts of the Oklahoma criminal justice system will help you understand the progress of your DUI case. In Oklahoma, like in most other states, different types of law enforcement officers and courts handle criminal cases depending on where a person was arrested and the stage of their case. Law Enforcement The Oklahoma Highway Patrol has jurisdiction over all state highways and waterways. Its officers are spread throughout the state. Each Oklahoma county has a sheriff’s department with deputies who patrol the county roads. Sheriff’s deputies may coordinate with police officers in the major cities. For example, in Oklahoma City the...

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Guide to Your First Court Appearance

Guide to Your First Court Appearance

If you are planning to go to court for the first time, it can be a nerve-wracking new experience. Friends and family members may give you tips, but being prepared for court goes beyond listening to shared stories. By doing a little research and taking the time to prepare, you can help yourself navigate the justice system, whether you are attending court for jury duty, to testify as a witness, or because you have been charged with a crime. First, figure out where and when you are required to appear. If you received a notice in the mail to appear as...

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