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felony Tag

20 October
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Can I Get My DUI Conviction Expunged in Oklahoma?

Posted by Clint
in Blog
Can I Get My DUI Conviction Expunged in Oklahoma?

Depending on your circumstances, you may be able to get your DUI conviction expunged under Oklahoma law. Oklahoma defines “expunged” as sealing all criminal or civil records involving actions by the state against a person arising out of an arrest, transaction, or other event. Effectively, receiving an expungement means that the public cannot learn, by a search of the court records, that you were arrested or convicted for a crime. People could learn about a crime from other means, however, such as by searching newspaper articles or talking to witnesses. If an expungement is granted, the state retains any physical...

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11 October
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Can a Drunk Driver Face Homicide Charges?

Posted by Clint
in Blog
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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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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21 August
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Oklahoma’s Penalties for Repeat DUI Offenders

Posted by Clint
in Blog
Oklahoma's Penalties for Repeat DUI Offenders

Repeat DUI offenders face additional penalties and prison time in Oklahoma. A second or third offense can result in many years in prison along with treatment and community service. See 47 O.S. § 11-902. This article explains what you can expect. Second Offense                        If you commit a second DUI within 10 years of completing a previous DUI sentence or while you are on probation, you will be charged with a felony and may face one to five years in prison, a $2,500 fine, substance abuse assessment and evaluation, and/or driver’s license revocation. If your previous DUI was within five years, your...

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16 June
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What Is a Felony? What Is a Misdemeanor?

Posted by rainmakeradmin
in Blog
What Is a Felony? What Is a Misdemeanor?

You may have heard that Oklahoma can charge a person with a misdemeanor for his first drunk driving offense. You may have heard about the changes to the Oklahoma statute that voters approved in November, making drug possession a misdemeanor. You may have heard that Oklahoma places people charged with misdemeanors in a different correctional facility than those charged with a felony. But you may be wondering, what really is a misdemeanor, and why is it different from a felony? Generally, a misdemeanor is a criminal offense that is punishable by no more than 12 months in jail. Courts often sentence...

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