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sentencing Tag

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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17 August
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More Commonly Asked Questions about a Criminal Case

Posted by Clint
in Blog
More Commonly Asked Questions about a Criminal Case

When people face criminal charges for the first time, they probably will hear many unfamiliar words used by law enforcement, judges, and attorneys. The previous blog explored common questions about the people involved in the criminal justice system. This blog discusses some of the terms people hear in court. What is the difference among a hearing, trial, and sentencing? A hearing is a pretrial court appearance. If the prosecutor decides to press charges against someone, he or she will attend a bail hearing and maybe an arraignment, which are hearings at which the judge decides bail and explains the charges. If the...

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27 July
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What Is Drug Court in Oklahoma?

Posted by Clint
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What Is Drug Court in Oklahoma?

Oklahoma counties have drug court programs that the courts use as an alternative to traditional criminal court. The programs establish treatment requirements instead of jail time and probation for drug offenders. Who Can Go to Drug Court? Certain people who plead guilty or are found guilty of non-violent drug-related felonies may attend drug court by applying to a county program. Defendants must agree to participate in drug court instead of traditional sentencing. Offenders who successfully complete the drug court program will not serve jail time. Drug court is not like a criminal court that evaluates evidence and hears cases. In drug court,...

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09 July
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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...

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19 January
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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...

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

Posted by Clint
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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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01 December
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Diversion Programs – Do They Work?

Posted by Clint
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Diversion Programs – Do They Work?

A shocking recent article questions whether the diversionary rehab programs judges use for defendants in Oklahoma really work. The article, titled “They thought they were going to rehab. They ended up in chicken plants”, describes courts’ routine practice of sending defendants convicted of minor crimes or serving suspended sentences to Christian Alcoholics & Addicts in Recovery (CAAIR) and other rehabilitation programs. Rather than focusing on addiction treatment, it says that CAAIR sends defendants to work for free doing hard labor at a poultry plant. When they get sick or slow down, they are sent to prison. People convicted of crimes may...

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23 October
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Prior Out-of-State DUIs in Oklahoma

Posted by Clint
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Prior Out-of-State DUIs in Oklahoma

Prior out-of-state DUIs factor into sentencing for any DUIs committed in Oklahoma. If you have a prior DUI conviction from another state, learn more about how that conviction could affect your charges and sentence for an Oklahoma DUI. Ordinarily first-time DUI driver in Oklahoma are charged with misdemeanors. With a conviction or a deferred judgment from another state for DUI meeting the Oklahoma DUI requirements, a driver who has never been convicted of DUI in Oklahoma before will be charged with a felony. One exception is if you completed the sentence for your prior conviction more than ten years ago. 47...

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16 August
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Suspended and Deferred Sentences in Oklahoma

Posted by Clint
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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...

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21 July
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DUI Manslaughter: The Consequences

Posted by Clint
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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...

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