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
But I Thought it Was a Misdemeanor?
Oklahoma has several crimes that upon first offense are just considered Misdemeanors, but second offenses are potentially felonies. And the Oklahoma Legislature, which has never suffered from a an abundance of common sense, keeps adding more and more crimes which are “predicates for felonies.” The most common crimes that are charged as felonies upon a second occurrence are Driving... Read More
Bonding Out or Paying for Attorney
Unfortunately, many people charged with crimes are the ones that can least afford it. In some cases, families have a limited amount of money to use to try and help a criminal defendant. If it comes down to a choice between hiring a lawyer and bonding out, it is important to be fully informed of potential... Read More
Enforcing Visitation
Recently, I have seen several posts of a shared article regarding a “new law” which “just went into effect” regarding a new process for enforcing a visitation order. This law can be found in 43 O.S. 111.3 or here. In fact, this law was passed a year and a half ago and became effective more than... Read More
Honest Mistakes
One of my first experiences as a young lawyer-to-be had a huge impact on my view of our criminal justice system. I was still an intern and was covering a case for my brother’s partner. In this case, my client was pulled over for running a stop light and eventually arrested for a misdemeanor which has... Read More
New Car Seat Rules
Another modification to Oklahoma Law that went into affect on November 1, regards car seats. KOCO.com ran a good graphic that showed the new rules: Essentially up to 2 years old must be in a rear facing car seat, children from 2-4 must be in a forward facing car seat, and ages 4-8 must be in at... Read More
Texting and Driving
Beginning yesterday, Oklahoma became one of the last states to enact a law specifically banning texting and driving. Nevermind that we already had the following law: 47 O.S. 11-901(b): The operator of every vehicle, while driving, shall devote their full time and attention to such driving…[officer must] observe the operator of the vehicle driving in... Read More
No Refusal Weekend
There has been some publicity regarding what is called a “no refusal weekend” in Norman tonight and tomorrow. Here is how it works: If you are pulled over for suspicion of DUI and you refuse to take the State’s test, they will contact a judge and request a warrant to stick a needle in your arm and take your blood without... Read More