Basic Facts You Need to Know About Oklahoma’s New Drug Laws
Q: Is simple Possession of Illegal Narcotics (Drugs, CDS) now a misdemeanor? A: As of July 1, 2017, YES. Possession of small amounts of drugs, including methamphetamine, heroin, cocaine, and marijuana are now considered misdemeanors. Q: Really? A: Yes. Q: How much does “small amount” mean? A: Any amount that is not an automatic trafficking... Read More
9 Things You Need to Know Regarding Your Driver’s License After Sample
There has been lots of publicity over a ruling from the Oklahoma Supreme Court on Monday, and much of that publicity has been misleading at best. Here is all you need to know about the case and how it effects DUI’s in Oklahoma: Your driver’s license case and your criminal case are mostly separate. They have... Read More
Alex Kozinski’s 12 Huge Lies About Justice in America
Good Article by a very well respected Judge. Check it out here: 12 Huge Lies
Silly Oklahoma Laws
A friend (who shall remain nameless, but rhymes with Meli Mellman) posted a link to a list of “crazy” Oklahoma Laws. I wondered if they were still in effect, but sadly a quick search was unable to find any of the laws mentioned. However, there are plenty of silly, crazy or outright unconstitutional laws still on... Read More
Court Rules Oral Sex With Unconscious Person is Legal; Why This Was Correct
A few days ago, the Oklahoma Court of Criminal Appeals ruled, essentially, that there is no law against forcible oral sex with an unconscious person. A good recap of the story can be found here. Facebook became enraged! “How could they!” “What idiots!” the mob stormed. Here’s the thing: The Court was right. For those... Read More
Policing for Profit
Did you know that law enforcement can seize your property and force you to go to court to get it back, even when they have NO evidence of a crime? Such is the ridiculousness that is Civil Asset Forfeiture in Oklahoma. Under Oklahoma law, law enforcement can seize your property (cash, guns, cars, etc.) and... Read More
Keep Your Mouth Shut!
When I first visit with a criminal client, I usually like to have a copy of the police report or probable cause affidavit to go over with them. Even after 11 years as a licensed lawyer, and 13 years of participating in criminal cases, I am still surprised, and shocked, at what people will tell... Read More
Eyewitness Testimony
In this post on themarshallproject.org, Penny Beerstein, the Rape Victim in Making a Murderer gives a statement regarding her participation in the original trial of Steven Avery, who was later exonerated by DNA evidence and the subsequent prosecution of the actual attacker. I’m sorry. I have no sympathy for this woman. She looked a jury... Read More
Incarcerating for Disease
Last week 60 Minutes had a fabulous piece where they interviewed Michael Botticelli, the Director of National Drug Control Policy, or “Drug Czar” for short (but don’t call him that to his face). You can find the transcript and the video here. In the past several years it has become more and more apparent that drug... Read More
Why waiting for an expungement might make you ineligible…
In the past couple of weeks I have had several clients come in for a new charge. When I inquire about their past record, many tell me that “it was all expunged” or don’t tell me about a past offense at all, believing that it is no longer on their record. In fact, while they... Read More