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Patterson Law Firm Tag

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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What Happens During a Typical Search Warrant Execution?

What Happens During a Typical Search Warrant Execution?

During a typical search warrant execution, police enter a building or location and look for evidence of a crime. There are specific procedural steps that they must follow by law during this process or risk having evidence suppressed from use in court. Knock and Announce Rule Once police obtain a search warrant from a judge, they can go to the location that they plan to search. Unless certain exceptions apply, the police must knock on the door and announce their presence outside. They need to wait a reasonable time after knocking to allow the occupant to answer. After waiting without an...

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What Happens During a Typical Traffic Stop?

What Happens During a Typical Traffic Stop?

During a typical traffic stop, the police try to develop probable cause to arrest you, search your vehicle, or issue you a citation. Here is the usual sequence of events during a traffic stop. Getting Pulled Over First, the police officer or sheriff “pulls over” someone’s vehicle by flashing the police car’s lights, turning on the siren, and/or speaking over the loudspeaker. At this point the driver should pull over to the side of the road, or risk appearing like he is going to flee the scene. The police officer pulls over too, usually parking behind the driver’s vehicle. Then the officer...

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What If the Police Issue a Warrant for Your Arrest?

What If the Police Issue a Warrant for Your Arrest?

Hearing that there is a warrant out for your arrest never feels good. When you get the news, you may not know what it means and what you should do. What Does It Mean When Police Have a Warrant Out? A warrant for someone’s arrest is a legal document allowing police or other law enforcement to arrest someone. Police officers have obtained the warrant from a judge by showing probable cause that the person committed a crime. In other words, the police are looking for that person so that they can ask questions and charge him or her with violating the law. Usually,...

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Can You Ever Choose Your Sentence for a Drug Crime?

Can You Ever Choose Your Sentence for a Drug Crime?

If you are going to be sentenced for a drug crime, the judge may have some discretion when imposing the criminal sentence. Unfortunately, the law does not allow you to directly choose your own sentence. But you can influence which sentence you receive in several ways. Find a Lawyer First, having a lawyer both before and during sentencing could help you get a different sentence. Your lawyer potentially can negotiate a deal with the prosecutor or speak to the judge on your behalf. You may be able to take a plea deal that could reduce your prison sentence, eliminate penalties, or...

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Is Drug Rehab a Sentencing Option for You?

Is Drug Rehab a Sentencing Option for You?

If you have been arrested for a drug crime, drug rehab may be a sentencing option for you. With drug possession in Oklahoma reduced to a misdemeanor, many people are staying out of jail by agreeing to attend rehabilitation or treatment programs. How Do You Get Into Rehab Instead of Jail? People who are interested in and motivated to attend a rehab program for drugs and/or alcohol have a few options for requesting this sentence. First, and least riskily, you can retain an experienced local lawyer to negotiate with the prosecutor for a deal. This deal could require you to plead guilty...

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What If You Do Not Have Your License When You Get a DUI?

What If You Do Not Have Your License When You Get a DUI?

If you do not have a driver’s license when you are arrested for DUI in Oklahoma, you could face serious penalties. Not only will you be fighting the driving under the influence charges, but also you will likely be charged with driving without a license. Is Driving Without a License a Crime, and What Are the Penalties? Yes, driving without a license in Oklahoma is a misdemeanor crime. You can be imprisoned for 30 days to one year, depending on your situation. The fines also vary from $50.00 to $5,000.00 depending on whether you do not have a license because: You never...

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Can You Lose Your Driver’s License for Good Because of DUIs?

Can You Lose Your Driver’s License for Good Because of DUIs?

If your Oklahoma driver’s license is revoked because of a DUI charge, you could lose your driving privileges for good. To be able to legally drive again, you must meet several different Department of Public Safety (DPS) requirements. First Step: Challenge the Revocation at an Administrative Hearing You have only 15 days from the time your license is seized by the arresting officer to request an administrative hearing with the DPS. The officer should give you some paperwork notifying you of how to request a hearing (or you will receive the paperwork shortly after your arrest). The 15 days runs from when...

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What If You Get a DUI While Your License Is Suspended?

What If You Get a DUI While Your License Is Suspended?

If you get a DUI in Oklahoma while your license is suspended, you could be charged with an additional crime that comes with more penalties. Your license could be suspended for many different reasons, but all will lead to fines and potentially prison time if you drive while intoxicated and with a suspended license. What Are the Penalties for Driving with a Suspended License and DUI? If you are caught driving with a suspended license and also appear intoxicated, you may be arrested both for the suspended license violation and a suspected DUI. The law enforcement officer will probably have you take...

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What Is the Difference Between a Suspended License and a Restricted License?

What Is the Difference Between a Suspended License and a Restricted License?

If your driver’s license is suspended or restricted in Oklahoma, you may wonder if you can ever drive your car and when. These two license designations have very different meanings that are important to understand. What Is a Suspended Driver’s License? When a driver refuses a breath or blood test, fails a roadside test, or is arrested for DUI, law enforcement may revoke that person’s license. The law uses both the words “suspend” and “revocation”. Usually, the arresting officer will seize your license and give you a receipt and notice of your right to request an administrative hearing with the Department of Public...

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