Criminal Law
Among Asset Forfeiture Nightmares, Oklahoma Laws Loom Large
The nationwide investigative journalism project ProPublica has released a report detailing nightmare scenarios surrounding the widely used civil forfeiture process. Under civil asset forfeiture laws state, local and federal agencies routinely seize property from individuals who sometimes have not been convicted – or even charged – with a crime. According to ProPublica, the city of […] Read more »
9th Circuit Tosses K9 Nose Witness Testimony
The use of sniffer dogs in criminal court has to be among the most bizarre trends yet to sweep across modern jurisprudence. In some cases, judges have virtually handed their authority over to dogs, allowing police to conduct unwarranted searches based on an officer’s interpretation of their loyal K9’s nuanced behavior. A 9th Circuit Court […] Read more »
Private Firm's Cash Seizures Flout Asset Forfeiture Law
A private company’s seizure of cash from motorists along a 21-mile length of I-40 in Caddo County has raised the ire of at least one judge. A Caddo County District Attorney nonetheless says he plans to “move forward” with a drug interdiction program that has had a private agency stopping and seizing cash from motorists. […] Read more »
Wrongful Conviction: Tulsa Court Must Rule on Actual Innocence
A Tulsa judge who last year vacated a 1996 robbery conviction must now make a determination of the man’s actual innocence, the Oklahoma Supreme Court determined in a July, 2013 opinion. The opinion clears the way for the man to file a wrongful conviction claim against the state of Oklahoma. In a case championed by […] Read more »
Gurneys, Straps and Needles: No Refusal DUI Tests Resemble Execution Procedure
An Oklahoma Highway Patrol captain in command of troopers in seven south-central counties wants to expand the use of forced blood draws in DUI traffic stops. The initiative comes on the heals of an April U.S. Supreme Court decision that put a stop to most forced blood draws by police unless they first obtain a […] Read more »
Court Ok'd City's 'Too Smart to Be a Cop' Rule
Should you decide to seek work as a police officer in New London, Connecticut – if you’re smart — you might want to bungle a few answers on the IQ test. Too high of a score means you are too smart to be a cop. A New London policy that denied a job offer to […] Read more »
Surveillance Programs Can Be Criminal Defense Windfall
Popular wisdom holds that when government and industry amass trillions of terabytes of data about the routine activities of everyday citizens little good can come of the effort. Two recent cases, however, highlight the potential value of digital archives for defense against criminal charges. The first case raises interesting questions about those millions of domestic […] Read more »
Court Blocks Retroactive Oklahoma Sex Offender Registry Rule
With an eye toward removing potentially hundreds of names from the Oklahoma sex offender registry, the state Dept. of Corrections is reviewing details of more than 7,700 listed sex offenders. The review follows a June 25 state Supreme Court decision that found retroactive application of revised sex-offender registration rules violated a state constitutional provision against […] Read more »
Constitutional Questions Swirl Around Metabolite DUI Laws
While many states’ criminal codes treat marijuana as an increasingly trivial concern, legislators in some states have been piling on drugged driving laws that target marijuana users long after any intoxicating effect has subsided. Oklahoma is the latest state to adopt a law that allows prosecution of unimpaired drivers on DUI charges when drug tests […] Read more »
With Metabolite DUI, You Still Have the Right To Remain Silent
A new law set to take effect Oct. 1 will make Oklahoma one of the most restrictive states in the nation with regard to drivers who have traces of marijuana in their system. Under the new metabolite DUI law, any driver found with any amount of marijuana – or inactive metabolites of marijuana – in […] Read more »
Under Drugged Driving Law, Unintoxicated Drivers Could Face DUI Charges
A new Oklahoma drugged-driving law set to take effect Oct. 1, 2013 may encourage prosecution of drivers who are not intoxicated. The new metabolite DUI law makes it a crime for a driver to operate a vehicle with any amount of certain drugs – or metabolites of those drugs – in the driver’s bodily fluids. […] Read more »
SCOTUS Opens Door to Expanded Reliance on DNA Evidence
The U.S. Supreme Court on Monday issued a ruling that effectively allows police to routinely take DNA samples from anyone arrested on suspicion of a crime. The ruling reflects a troubling trend away from protection of privacy and respect for constitutional protection against searches and seizures. Coupled with the court’s recent indifference toward warrantless wiretaps […] Read more »
In Oklahoma Felony Means Prison — Except When It Doesn't
The concept of legal certainty embodies one of the most basic requirements for the rule of law. Legal philosophers and international bodies alike recognize society’s need for a predictable system of laws so that those who live under the law can regulate their conduct with certainty. Sociologists provide scientific support for the idea that individuals […] Read more »
Would NTSB's Lower DUI Blood Alcohol Limits Save Lives?
The National Transportation Safety Board today released a report calling for reduction of maximum blood alcohol limits for drivers from .08 to .05. The NTSB’s recommendations may find purchase among legislators looking to get tough on drunk driving. As a Tulsa personal injury attorney who represents clients seeking to recover damages in accidents caused by […] Read more »
Tulsa Jail Population Dips After Judge Orders 25 Inmates Released
Efforts to reduce the number of inmates in Tulsa jail could bode well for those who have served the majority of a sentence and may be eligible for early release. Inmates detained on questionable grounds may also be due for a welcome surprise. A Sheriff’s Department spokesperson told the Tulsa World jail staff has been […] Read more »
An Oklahoma Debtors Prison: Tulsa Jail Overcrowded by Indebted Inmates
The Tulsa County jail is growing dangerously overcrowded. The facility has exceeded its official capacity for the past eight months. According to a report this month in the Tulsa World, the jail’s population could soon exceed official capacity by nearly 20 percent: 300 more than the 1,700 inmates the jail is designed to hold. What […] Read more »What is a Tulsa Criminal Justice Lawyer
You might be surprised how much time some Tulsa criminal justice lawyers spend freely answering people’s questions about law. For some of us, it’s a way to let prospective clients get to know us before they retain us as their criminal defense lawyer. Many who approach us with questions are encountering the criminal justice system […] Read more »
Avoiding Wrongful Convictions in Oklahoma: Stopping False Confessions
The Problem With False Confessions If the police suspect you of a crime, don’t expect them to help you. The police are in the business of putting the bad guys in jail. But, what happens when an innocent person has been marked as “the bad guy?” It is here where knowing your rights and knowing […] Read more »Avoiding Wrongful Convictions in Oklahoma: Eyewitness Identification
After studying the currently known list of wrongful convictions in Oklahoma, the Oklahoma Justice Commission has made recommendations to help prevent further wrongful convictions. One of these areas of view, and the topic for today, is Eyewitness Identification. What’s in a Lineup? Before we can begin to discuss the recommendations of the Commission, first, we […] Read more »
Justice Commission Targets Wrongful Convictions in Oklahoma
A commission charged by the Oklahoma Bar Association to find ways to improve reliability of criminal convictions has returned some advice for state officials. The panel identified a long list of reforms that could reduce the frequency of wrongful convictions in Oklahoma. Led by former state Attorney General Drew Edmondson the commission reviewed how false […] Read more »
In Oklahoma, Excessive Force Banned as Cruel and Unusual Punishment
You might think it’s a well-established principle of modern law. Jailers can’t beat prisoners. Yet when jailers exert excessive force in Oklahoma, it can be difficult for the victim to recover damages. The Oklahoma Supreme Court this week stood up for the rights of citizens not to be abused in jail. The decision handed down […] Read more »In Contempt of Court Case, An Apology Can Make A Difference
A young Florida woman facing 30 days in jail on felony contempt of court charges salvaged her reputation when she tearfully apologized to a Maimi judge. The judge had ordered the woman to serve 30 days after she cursed and made an obscene gesture in his courtroom. Upon hearing her apology, the judge dropped the […] Read more »Courtroom Etiquette 101: Don't Flip Off the Judge
A Miami, Florida teen sentenced to 30 days in jail for contempt of court provided a text-book example of how a defendant’s indifference to courtroom etiquette can cause substantial harm to their case. It’s yet another example why defendants do best to have a criminal defense attorney represent them in courtroom procedures. The 18-year-old defendant […] Read more »
Right to Attorney Reinforced in 10th Circuit
Shocked by an unexpected arrest, you assert your right to have an attorney represent you and remain silent. You show a police officer a card that says you don’t want to answer any questions until you talk with an attorney. The card is addressed to police, and bears the name of an attorney. Nonetheless, police […] Read more »
Oklahoma Parole Board Wins Its Own Release
A Constitutional amendment voters approved in November will soon make it easier for thousands of Oklahomans living behind prison walls to be released on parole for non-violent offenses. At the same time, the Oklahoma parole board got a little more freedom, too. Starting in January, the governor will no longer be allowed to second-guess Oklahoma […] Read more »
