The new law may free up space so that more people can choose to attend. In addition, many people charged with simple possession also face felony charges for non-drug felonies such as DUI or larceny. They are eligible for drug court even though the drug charge is a misdemeanor. These facts emphasize that drug court still may be a good option for many Oklahoma defendants.
Poor people rely on public defenders who are too overworked to defend them
People charged with only misdemeanors cannot choose drug court because there is no funding for them. While a law passed in permitted drug courts to take people with misdemeanors, the Oklahoma Department of Mental Health and Substance Abuse Services does not have funding to accept these people. Ironically, drug court is much less expensive and shorter than the one-year stint in jail that misdemeanor offenders could receive. The obstacles they face include funding, staffing, and administration logistics. Need an attorney for drug charges in Oklahoma? Seek out the attorney who is in court nearly every day and teaches other attorneys and law enforcement about sobriety testing techniques.
Clint Patterson, Esq. Then, the licensee would have to actually win at the Court of Criminal Appeals. In the meantime, the licensee would likely be in jail or prison. And appealing anything costs money.
Not many people are willing to go through that pain to blaze the trail for everyone else. No doubt, there will likely be at least a few more now. And out of the hundreds of judges in Oklahoma, there are probably a few who will actually follow the law and leave medical marijuana patients alone. Current as of October 27, Note: laws are subject to change at any time! Visit the sources for the most up to date law. Sources: HB , 63 O. More people will be eligible to have their arrests and cases expunged starting November 1, The two categories of people affected are individuals who have two nonviolent felony convictions and individuals convicted of a nonviolent felony that has subsequently been reclassified as a misdemeanor.
Previously, it required a pardon by the governor to expunge up to two felonies. For example, you could have completed your sentence for a felony in county A three years ago and completed your sentence for felony in county B over ten years ago. Also, I assume the intent of this change was to give people the ability to expunge two felonies.
Poor people rely on public defenders who are too overworked to defend them
Currently, you can put as many cases that are eligible for expungement on a single petition if they occurred in the same county. Either way, this is not a huge change. If the legislature is going to spend time updating the expungement laws, it should have also incorporated changes that applied to more people. Reinstatement of firearms rights requires a pardon by the governor. The purpose of this change is to make SQ retroactive.
It does—kinda. Unfortunately, this change is far different than the change proposed in the initial bill to make retroactive. This new category of expungement eligibility actually requires someone to get a felony conviction first.
This is especially weird considering nothing was done to account for people on felony deferred sentences for crimes that have subsequently been reclassified as a misdemeanor. To get a felony deferred sentence expunged, you have to wait five years after the case is dismissed. So for someone in that situation on a deferred sentence, it may be quicker to get the deferred sentence accelerated to a conviction, wait 30 days, then file for expungement.
That would be ridiculous.
What if someone has two separate felony cases that are just simple drug possession? Can they only get one expunged? If someone has a felony simple drug possession conviction, the chances are extremely high that they have more than just one. The point should be to get all felonies subsequently reduced to a misdemeanor off as many records as possible—not just one per person. Big changes are coming to Oklahoma DUI laws in ! These changes involve what happens with the license of someone arrested for DUI. Mandatory interlock time is reduced. All these changes come from SB This is probably the biggest change to Oklahoma DUI law in decades.
Any modifications addressed in these laws applies to Class D vehicles only—not commercial vehicles. I recently appeared on Fox 25 in OKC to discuss these changes. IDAP is essentially a diversion program within the Department of Public Safety designed to encourage people to install an interlock in their vehicle. What you need to know:. That all goes away. Instead of it being on the phone with a DPS hearing officer, all challenges must be filed in the district court of the county where the offense occurred.
The Truth About DUIs in Oklahoma by Tulsa Criminal Lawyer Kevin Adams
Note the following:. The hearing will cover whether the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle on the public roads, highways, streets, turnpikes or other public place in Oklahoma while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance.
It will also cover whether the person was placed under arrest. DPS may modify a license for the month period. An interlock must be installed during the modification period. The periods of revocation and the amount of time an interlock must be installed are the same as if you lost the district court hearing:. The periods of revocation and periods of interlock installation will run concurrently. However, each must be for no less than the respective amount of time. This means that if you get a modified license two months into your six-month revocation, you still have to keep the interlock installed in your vehicle for a full six months.
Therefore, you should get the interlock installed as close to the date your license is revoked. If your license is revoked and you commit an interlock violation, your interlock period will be extended. You may do both, and it may be in your best interest to do both. In that situation, the best course of action may be to both apply to IDAP and file a challenge in district court. This buys you some more time to figure out if the challenge is truly the best course of action.
Although this route is more expensive, it allows you to keep all of your options open. Sources: SB and 47 O. Can I have sex with someone who is Y years old? The age of consent in Oklahoma is Therefore, it is generally legal for a year-old to have sex with anyone older than them. Sex between people who are years old is generally lawful. A variety of exceptions make that sex illegal. However, 21 O. Per 21 O. Sex between people of the following relation is illegal:.
Will spending the money to hire a "DUI Lawyer" get me a better deal?
Have you been charged with rape or incest in Oklahoma? Sources: 21 O. This new law strengthens the right to use a firearm in self defense. In this legislation, the Legislature expressly recognized the right to expect absolute safety within a place of worship. Places of worship may now establish policies regarding the possession of weapons on their property.
HB amended 21 O.
It went into effect on November 1, A person, regardless of official capacity or lack of official capacity, within a place of worship or a person, an owner, manager, or employee of a business is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself, herself, or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:. It means any permanent building, structure, facility, or office space owned, leased, rented, or borrowed, on a full-time or temporary basis, when used for worship services, activities, and business of the congregation.
This includes but is not limited to, churches, temples, synagogues, and mosques.
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Sources: HB and 21 O. Charged with a crime in Oklahoma?