OCCA Case Review – Sanders v. State, 2015 OK CR 11
In this case, the police were serving an arrest warrant for the Defendant (a known felon), and upon entering the house and arresting the Defendant, they saw a gun on the table. The gun was later determined to be stolen. Defendant was convicted of Possession of a Firearm After Conviction of a Felony and Knowingly Concealing Stolen... Read More
Terminating Parental Rights
I often get asked whether a party can “sign over” their parental rights. Usually this is because the other party doesn’t want anything to do with the child or doesn’t want to pay child support. The answer is: Not really. Let me explain: There is no private right of termination in Oklahoma. Public policy (whoever gets to determine... Read More
Is There a War on Cops?
Lately there has been a narrative in the mass-media about a so-called “War on Cops.” But is this really true, or is it a problem “being fueled by a hysterical media”? According to the Washington Post, 58% of people believe there is a war on police. However, the numbers totally contradict these beliefs. 2015 is... Read More
Hire a Lawyer!
I was on the misdemeanor plea docket Monday morning, and even after witnessing thousands of pleas, it never ceases to amaze me when criminal Defendants represent themselves, even for misdemeanors. Often I see them agree to offers with the Assistant District Attorney which could easily have been negotiated down, or blind pled to a much... Read More
6 Things You Need to Know About Expungements
I get several calls a week from people asking why they still have a criminal charge “on their record.” Almost always, the question arises because they were told by a judge or a lawyer that their “record” would be “expunged” after they complete their deferred sentence. While this is partially true, it does not fully... Read More
OK Civ. App Case Review – Wilson v. Franek
Wilson v. Franek This is a local case in which the Court of Civil Appeals again shows that it is nearly impossible to overturn a trial court’s determination of custody. In this case, mom had been primary caretaker of the child since birth, and in fact father showed little interest in the child until the case was filed. The parties had... Read More
The Injustice of Oklahoma Sentencing
Last week I wrote a blog about the injustice of letting a man who actually violently killed a person live, while executing the man who was alleged to have only been an accomplice. This week, Oklahoma’s screwed up sense of justice is in the news again. Tondolo Hall was convicted of “enabling child abuse” and received 30 years. The actual... Read More
6 Tips for Your First Divorce Consultation
Meeting with an attorney for the first time can be intimidating and scary. You don’t know what to expect, what you may need to bring or what is going to happen. Hopefully this blog will help alleviate some of your concerns and make the first consultation go smoothly and quickly. Make Sure You Make an... Read More
To Plea or to Blind Plea
It is said that 90% of criminal cases are ultimately resolved by plea agreement. In NW Oklahoma, it seems to be an even higher percentage. Therefore, it is important to understand the different options you have when entering a Guilty or No Contest plea. Negotiated Plea: A negotiated plea is one in which you have reached... Read More
OCCA Case Review – State v. Nelson, 2015 OK CR 10
Mr. Nelson was charged with Obstruction of an Officer, Resisting an Officer, Failure to Carry Insurance Verification and Failure to Signal. The officer testified at the Motion to Suppress hearing that Mr. Nelson did not use his turn signal to turn from the street into a parking lot. While an officer was writing the ticket to the... Read More