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Oklahoma DUI lawyer Tag

03 January
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When Prosecutors Withhold Exculpatory DUI Evidence

Posted by Clint
in Blog
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...

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

Posted by Clint
in Blog
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...

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29 December
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Anonymous Witnesses in Criminal Cases

Posted by Clint
in Blog
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...

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20 December
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Taking the Fifth

Posted by Clint
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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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18 December
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Can I Withdraw My Guilty Plea in My DUI Case?

Posted by Clint
in Blog
Can I Withdraw My Guilty Plea in My DUI Case

You pled guilty to a DUI charge, but now you regret the plea and want to keep fighting. Is it too late to withdraw your plea? If the judge has not accepted your plea or you have not been sentenced, most likely you can still withdraw it easily. If you have been sentenced, you will have a difficult time withdrawing it. Judge has not accepted the plea, or you have not been sentenced If the judge has not accepted your guilty plea, you may withdraw your plea for any reason or no reason. If you have not been sentenced, you may withdraw...

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15 December
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Your Right to Confront Witnesses in Court

Posted by Clint
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Your Right to Confront Witnesses in Court

When facing criminal charges, you have the right to confront the witnesses testifying against you. The Sixth Amendment reads: “In all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him”. In practice, this means that tape recordings and written statements are no substitute for questioning witnesses in court. The pivotal case of Crawford v. Washington, 541 U.S. 36 (2004), illustrates why the Confrontation Clause in the Sixth Amendment is so important for criminal defendants. In the case, a criminal defendant’s wife gave a statement to the police that was tape-recorded. The wife refused...

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13 December
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The Duty of Prosecutors to Disclose Exculpatory Evidence

Posted by Clint
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The Duty of Prosecutors to Disclose Exculpatory Evidence

Prosecutors must disclose all exculpatory evidence to defense attorneys in Oklahoma. “Exculpatory” evidence tends to show that the defendant is not guilty or shows that the crime committed is a lesser offense (e.g. manslaughter instead of murder). Both state rules of professional responsibility and a number of Supreme Court cases explain this mandate. Oklahoma Code of Professional Responsibility, Rule 3.8(d) states: “A prosecutor shall make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense”. The Code of Professional Responsibility must be followed by...

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11 December
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Use of Police Dogs at Traffic Stops

Posted by Clint
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Use of Police Dogs at Traffic Stops

During traffic stops, police sometimes use K-9 dogs to sniff for drugs or other illegal substances. Two key Supreme Court cases have evaluated how far police may go in their use of dogs at roadside stops. In the first case, Illinois v. Caballes, 543 U.S. 405 (2005), the court considered whether using a drug dog at the scene of a roadside stop was an unreasonable search. The drug dog alerted at the scene, leading to the defendant’s arrest for marijuana trafficking. While the Illinois Supreme Court said that the search was unreasonable, the Supreme Court disagreed, determining that police did not...

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08 December
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Excluding Illegally Seized Evidence in Court

Posted by Clint
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Excluding Illegally Seized Evidence in Court

Having illegally seized evidence excluded from consideration in court is the most important part of some criminal cases. Exclusion of this evidence goes to the heart of your Fourth Amendment right protecting you against unlawful search and seizure. The exclusionary rule prevents the prosecutors from using illegally obtained evidence against you in court, even if that evidence is incriminating. All evidence used must be relevant, or directly related to the charges against you, and competent, or collected and handled legally. When evidence is not either relevant, competent, or both, it may be excluded. There must be a valid search warrant or...

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06 December
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I Lied to My Lawyer – Now What?

Posted by Clint
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I Lied to My Lawyer – Now What?

So you lied to your lawyer. You told your lawyer that you did not stop at a bar on your way home from work, or you forgot to mention that you finished a bottle of whiskey before leaving the house. What should you do? Lawyers wish that clients would own up to their lies immediately – or at least before they step into a courtroom. The problem with lies is that they lead to more lies. Lies to your lawyer do not allow the lawyer to prepare adequately for defending you and limit your chances of success. Imagine a DUI client who...

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