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18 April
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Can You Ever Choose Your Sentence for a Drug Crime?

Posted by Clint
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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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16 April
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Is Drug Rehab a Sentencing Option for You?

Posted by Clint
in Blog
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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08 January
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How Does the Judge Decide on a Criminal Sentence?

Posted by Clint
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How Does the Judge Decide on a Criminal Sentence?

When a criminal defendant gets sentenced for a crime, the judge decides the ultimate sentence based on several different factors. Sentencing happens after the jury comes back with a guilty verdict or after the defendant pleads guilty. A plea of guilty could happen at the initial hearing when the defendant is charged, or more often after the defendant reaches a deal with the prosecutor to plead guilty in exchange for a reduced sentence or probation. Factors that affect sentencing could include: A mandatory minimum sentence set by law for a certain crime Repeat offenses Characteristics of the victim or the crime ...

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11 December
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You Served Your Sentence for a DUI or Drug Crime. Now What?

Posted by Clint
in Blog
You Served Your Sentence for a DUI or Drug Crime. Now What?

Finally, you finished serving your sentence for a DUI or a drug crime. Whether you had to spend time in jail or prison, or you had to pay fines and take alcohol education classes, it is all over. Now you may be wondering what is next. Double-Check that You Completed All Terms of the Sentence First, double-check with your lawyer or the court that you have truly completed all the requirements of your sentence. Sometimes there will be a requirement saying that you have to take random BAC tests or check in with a probation officer for months or years after you...

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15 November
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Other Charges that Accused DUI Drivers Often Face

Posted by Clint
in Blog
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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08 November
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Random Breath Testing Devices: What You Need to Know

Posted by Clint
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Random Breath Testing Devices: What You Need to Know

If you pled guilty to a DUI or took a plea deal, the court may require you to do random breath testing using a special device. The device is similar to a breathalyzer that you use at home or at a probation supervisor’s office. Like an ignition interlock device or alcohol monitoring bracelet, it detects alcohol usage in an effort to stop repeat DUIs. How Does a Random Breath Testing Device Work? These devices are very similar to a breathalyzer, except that they often have identity verification features. For example, some random breath testing devices have voice recognition, facial recognition, or picture...

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09 October
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Swallowing the Evidence: How It May Affect Drug Crime Charges

Posted by Clint
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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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29 August
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Challenging Municipal Court Charges in Tulsa, Oklahoma

Posted by Clint
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Challenging Municipal Court Charges in Tulsa, Oklahoma

Sometimes Oklahomans are charged with drug or driving under the influence crimes in municipal court, instead of state court. Challenging municipal criminal charges can be a little different than state criminal charges. Why Is Municipal Court Different? Municipal court is different mostly because municipal court judges follow different laws than state court judges. Some major cities in Oklahoma have a different set of laws covering violations such as disturbing the peace, drug possession, driving under the influence of drugs or alcohol, or drunk and disorderly. Sometimes the penalties for violating these laws are lighter than in state court. Was I Charged in State...

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25 July
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Can the D.A. Use Evidence of Your Prior Arrests Against You?

Posted by Clint
in Blog
Can the D.A. Use Evidence of Your Prior Arrests Against You?

When you are in court for a DUI or a drug crime, you may be concerned that the D.A. will use evidence of your prior arrests against you to secure a conviction. If you were arrested for the same crime previously, you may fear that your previous arrest will be used to show that you committed the crime this time. You will be glad to learn that Oklahoma has limitations on how evidence of previous arrests and convictions can be used in court. Often previous arrests have no relevance to a later arrest, because arrests do not mean that you were...

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09 July
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New Oklahoma Laws Ease Mandatory Sentences for Drug Crimes

Posted by Clint
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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...

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