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prosecutor Tag

What Is a Plea Bargain, and Should You Accept One?

What Is a Plea Bargain, and Should You Accept One?

The prosecutor or your lawyer tells you that you could make a plea bargain with the state in your criminal case. But you are not sure what a plea bargain is or how it will affect the charges against you. Before you accept a plea bargain, make sure you learn about what you can expect. What Is a Plea Bargain? A plea bargain is a negotiated deal with the prosecutor or district attorney to reduce or change the charges in your criminal case. In exchange, you agree to plead guilty or “no contest” to the reduced charges and do your time. For example,...

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Other Charges that Accused DUI Drivers Often Face

Other Charges that Accused DUI Drivers Often Face

After you get charged with driving under the influence, you may learn that you face additional unexpected charges. Often, the first time you learn of the charges against you is when you talk to the judge. The entire process can be overwhelming and scary, especially if this is your first DUI charge. Learn a little about the additional charges so you can prepare for what is ahead. Many drivers who are pulled over and arrested for suspected driving under the influence of alcohol or drugs are also charged with: Aggravated drunk driving Driving with a revoked or suspended driver’s license Driving...

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Swallowing the Evidence: How It May Affect Drug Crime Charges

Swallowing the Evidence: How It May Affect Drug Crime Charges

You have seen it on TV or in a movie – someone swallows the key piece of evidence before the police arrive, and he gets off scot-free. Unfortunately, in real life, things rarely work out so smoothly. Swallowing the evidence can get you in more trouble than the drug crime charges you wanted to avoid. It may seem like a good idea to quickly down the drugs just before the police open the door or walk up to your car. Chances are, however, they already have a reason to be talking to you, such as seeing you purchase drugs or noticing...

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Charged with Both DUI and Drug Crimes? What to Expect

Charged with Both DUI and Drug Crimes: What to Expect

If you have been charged with both DUI and drug crimes, you probably are wondering what to expect during your case. When someone has multiple criminal charges against them, fighting the charges can be a little complicated and should be handled by a knowledgeable attorney. Different Defenses for Different Charges People charged with both driving under the influence and drug crimes will need their attorney to develop defenses to all of the charges. In a DUI case, the attorney may focus on the accuracy of the breathalyzer test, among other defenses. In a drug crimes case, the attorney may focus on a...

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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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Finding the Right Criminal Defense Attorney for Drug Charges

Finding the Right Criminal Defense Attorney for Drug Charges

If the prosecutor has charged you with committing a drug crime, your search for the right criminal defense attorney should start now. You have a narrow window of opportunity to find someone who will investigate, mount a strong fight against the charges, and obtain a result that helps you. Does the Attorney Know the System? Ask the attorney about his or her experience fighting drug charges for clients. How long has he or she been practicing, and what did he or she do before practicing law? Finding a lawyer who worked as a prosecutor or district attorney, or even in law enforcement,...

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Charged with Aiding and Abetting or Being an Accessory? Your Next Steps

Charged with Aiding and Abetting or Being an Accessory? Your Next Steps

People accused of helping someone commit a crime fall into two categories: aiders and abettors, and accessories. If you have been charged with either aiding and abetting a crime or being an accessory, you probably have questions about these legal terms. An aiding and abetting charge means that prosecutors think the accused encouraged someone to commit a crime or advised him or her in its commission. To prove these charges, the prosecution must show that the aider and abettor acted with criminal intent or that he or she had knowledge of the person who committed the crime’s criminal intent. In other words,...

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Criminal Conspiracy Charges in Oklahoma

Criminal Conspiracy Charges in Oklahoma

Oklahoma law criminalizes conspiracy to commit a crime, even if the accused does not commit the planned crime itself. A criminal conspiracy involves a group of people working together to plan or execute a criminal act. To prove that a person is guilty of criminal conspiracy, the prosecution must show that (1) there was an agreement among two or more people (including the accused) to commit a crime, and (2) at least one person took an overt act in furtherance of the agreement to commit a crime. 21 O.S. § 421. Again, it does not matter whether the co-conspirators actually commit...

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Can You Commit a Drug Crime Just by Using the Telephone?

Can You Commit a Drug Crime Just by Using the Telephone?

Using a telephone to commit certain felonies could net you another felony conviction in Oklahoma. This state law follows similar federal law focusing on use of communications devices in facilitating or committing crimes. Under the law, it is a felony to willfully use any “communication facility” in committing any act that is one of several felonies. 13 O.S. § 176.3(8). The felonies include distributing, manufacturing, cultivating, or trafficking drugs, including any conspiracy to do so. 13 O.S. § 176.7. Using a communication facility to cause or facilitate the commission of these felonies is also prohibited. Communication facilities include telephone, mail, wire,...

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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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