918-550-9175

Facebook

Twitter

LinkedIn

Free Evaluation
logo
mobile logo
 

prison Tag

24 August
0 Comments
Sticky

Do Drug Penalties Vary by County in Oklahoma?

Posted by Clint
in Blog
Do Drug Penalties Vary by County in Oklahoma?

There are 77 counties in Oklahoma, and people convicted of drug crimes may receive varying penalties depending on the county in which they are convicted. It may be surprising to you that state laws about drugs, which supposedly apply to all people in the state, could have uneven application. The reasons for the varying penalties range from geographical to monetary. Geography Alters Charges and Sentences In response to the new law reclassifying drug possession as a misdemeanor, Oklahoma legislators passed another law that makes it a felony to possess drugs within 1,000 feet of a school. (63 O.S. § 2-402.) Rather than...

Continue reading
09 July
0 Comments
Sticky

New Oklahoma Laws Ease Mandatory Sentences for Drug Crimes

Posted by Clint
in Blog
New Oklahoma Laws Ease Mandatory Sentences for Drug Crimes

A slew of new Oklahoma laws ease sentences and imprisonment for drug crimes and crimes often charged alongside drug crimes. These laws, all signed by the governor on April 26, 2018, go into effect in late 2018. First, the law known as SB 649 will reduce sentences for repeat drug offenders convicted of possession. Currently, repeat offenders receive harsher sentences because of their previous drug possession offenses. The new law eliminates those sentencing enhancements. Courts now cannot impose longer sentences on defendants because of their previous convictions for possession of controlled dangerous substances. However, people convicted of other drug crimes may...

Continue reading
23 March
0 Comments
Sticky

Drug Distribution and Trafficking: More Serious than Possession

Posted by Clint
in Blog
Drug Distribution and Trafficking: More Serious than Possession

In Oklahoma, a conviction of drug distribution, trafficking, or manufacturing is much more serious than possession of drugs because of the harsher sentences imposed. As discussed in a previous blog, possession of many common drugs carries a 5-year sentence for a first offense with a fine of $5,000. Subsequent convictions lead to longer sentences and larger fines, up to 15 years in prison and $10,000. 63 O.S. 2-402(B)(1). In contrast, distribution of Schedule I or II narcotics is a felony and carries sentences ranging from 5 years to life in prison and a $100,000 fine. These penalties also apply to anyone...

Continue reading
12 March
0 Comments
Sticky

Could You Lose Your Government Benefits Because of a Drug Charge?

Posted by Clint
in Blog
Could You Lose Your Government Benefits Because of a Drug Charge?

People charged and convicted of a drug crime face many obstacles, such as continuing to receive government benefits. Depending on the benefit program, you may have to reapply or you may be barred altogether from receiving benefits. If you and your family rely on government benefits, research each program to determine whether you can receive them if you are convicted of a crime. Generally, simply being charged with a drug crime is not enough to affect your benefits eligibility because you are considered innocent until proven guilty. If you are convicted, many different programs have restrictions on receipt of benefits. For...

Continue reading
19 January
0 Comments
Sticky

After the Court Case: What Next?

Posted by Clint
in Blog
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
21 August
0 Comments
Sticky

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...

Continue reading
16 August
0 Comments
Sticky

Suspended and Deferred Sentences in Oklahoma

Posted by Clint
in Blog
Suspended and Deferred Sentences in Oklahoma

People who commit DUI offenses in Oklahoma may receive suspended or deferred sentences. While there are important differences between these alternative sentencing methods, both give people the option to meet certain conditions imposed by the court and avoid jail time as a result. In Oklahoma and the rest of the United States, you are considered to be “convicted” of a crime if you are found guilty by a judge or jury and final judgment is entered. However, sentencing for the crime may occur at a later hearing. Suspended Sentence For a suspended sentence, you are convicted of a crime but do not have...

Continue reading
21 July
0 Comments
Sticky

DUI Manslaughter: The Consequences

Posted by Clint
in Blog
DUI Manslaughter: The Consequences

There is no way around it – killing another person while driving is a very serious crime. If you are in the difficult position of being arrested after hitting someone with your car, you are probably scared about the road ahead. Learning about the charges and sentence you may face should be one of your first steps. In Oklahoma, if you were allegedly driving while intoxicated when you caused the death of another person, you will most likely be charged with first degree manslaughter in addition to DUI charges. Another possible charge is negligent homicide, which requires the prosecutor to show...

Continue reading
16 June
0 Comments
Sticky

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...

Continue reading