Oklahoma categorizes burglary as either of the first, second, or third degree. Burglary of all types is a felony in Tahlequah, Oklahoma. However, the requirements and sentences for each type vary. Vehicle burglary in Oklahoma is third-degree burglary. Recent Changes To Oklahoma Law Vehicular burglary used to be a second-degree charge, with more serious consequences. […]
Criminal Law
Facing criminal charges can be overwhelming and confusing. Understanding criminal law is crucial because the consequences may include fines, jail time, or lasting impacts on your future. Knowing your rights and the legal process helps you make informed decisions during this stressful time. This knowledge is especially important in Oklahoma, where specific laws and procedures apply to protect your interests.
For those in need of strong legal guidance, a Tahlequah attorney experienced in criminal defense can provide the support you deserve. If you need legal help, call Wirth Law Office - Tahlequah at (918) 458-2677 to discuss your case and explore your options with a trusted Tahlequah criminal law attorney.
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Tahlequah attorney, Ryan Cannonie, explains what the new State v. Green ruling means to criminal cases in Oklahoma.
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Being caught in possession of a stolen vehicle in Oklahoma doesn’t mean that the person caught actually stole the vehicle. However, both are crimes in Oklahoma. Mere possession of a stolen vehicle can subject a person to prison time. If you are facing charges in Tahlequah, here is what you need to know about the […]
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At a preliminary hearing, the judge will either dismiss the case if the prosecutor doesn’t prove what they need. By the way, they are not proving beyond a reasonable doubt. They are proving a much lower burden that your attorney can explain to you and explain what the situation there is. And if they meet that burden, if they prove what they need to prove, then the next step, the judge will set you for a district court arraignment. And that’s kind of like your first arraignment, except a lot of times it’s a little more official. You’re with a different judge. At that point, a lot of times, they’ll maybe read your charges to you again. Any changes to your charges after the preliminary hearing, they’ll make you aware of those. Then you’re set for either a jury trial or possibly a plea if you’ve, after your preliminary hearing, you’ve decided you’re going to take the plea offer if the prosecutor’s still offering it. Either plea or you go to trial. One of the two at that point.
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Wirth Office Tahlequah Attorney Ryan Cannonie explains why you want an attorney with you for the next stage of the criminal system, status dockets. Basically, these are dockets for you and your attorney to go in and talk with the district attorney’s office, figure out what’s their case, what their stance is and work on a plea agreement. Now, if you have an attorney representing you, a lot of times, they’ll go in prior to that docket on their own to the DA’s office, try and make an appointment with them, call them in some of the more rural counties, it’s a lot easier.
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Your initial appearance is pretty standard. They go pretty quick. Some courts, they want to read the whole charge to you, everything you’re being charged with. The actual procedure that most attorneys do is waive a reading, say, “We can read this ourselves.”
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We live in a time of increasing confrontation. When that confrontation includes the police, emotions can run high and things can escalate quickly into a physical confrontation. That physical confrontation can include assault and battery on a police officer in Oklahoma. If you are facing charges in Tahlequah, here are some things that you may […]
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So the first thing that’s important when you come to talk to an attorney, come to talk to us about your case, is to let us know if you were arrested or not arrested. So in the criminal system, if you are accused of a crime and law enforcement, if it’s a misdemeanor and they see it committed in their presence, or there’s a couple of exceptions to that; domestic violence being one, they don’t have to see it in their presence, just see injuries from it, and it has to be within so many hours. If that’s the situation, then you might be arrested right there. If it’s a felony that you’re going to be charged with, and law enforcement believe they have what you call probable cause, that is just a fancy way of saying they think you did it, then they can arrest you for a felony, even if they don’t see it happen in front of them, or if they don’t walk up into it. So that kind of gives you a split where law enforcement can arrest you for those misdemeanors or felonies, or they can do a police report, send it to the district attorney’s office, and then ask for a warrant to be signed by the judge for your arrest.
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When most of us think about court, we think about attorney on this side and attorney on this side, battling it out, but you actually have a right to represent yourself in court. If you can represent yourself, why would you ever pay for an attorney? Well, if you represent yourself, you’re held to the same standard, the same ethical standard, the same knowledge standard, the same procedural standards as an attorney. But what I mean by that is, as an attorney I have three years of law school, I had to pass an examination. I personally have seven years of experience working with the prosecution office, and now I work for the defense side. So I have a little bit of knowledge that most people normally wouldn’t have based on objections, rules of evidence, things of that nature. What can happen if you represent yourself?
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If you’re on a two year deferment for a DUI and there’s a gun in the car and you’re aware of it, then you can be hit with felon in possession of firearm or person on felony probation in possession of firearm or riding in a vehicle or a passenger in a vehicle, operating a vehicle in which a firearm is kept, residing in a residence where a firearm is kept, and that is a much more serious offense. Not only does it look like you are a dangerous felon who has firearms, but it can be used to accelerate your probation and your deferment making you have now two felony convictions, rather than just the one they’re trying to put on you or the one that was going to go away in a year or two. So what happens if you find yourself in this situation? Well, the first thing you should do is definitely not answer any questions. Evoke your right to silence
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Domestic assault and battery is different than a regular assault and battery in that while they have the same acts, it’s one person hitting or striking, pushing, some type of contact with another person, a domestic assault and battery has another step to it, which is a relationship. You have to have some type of relationship with the person, whether that is a current or former boyfriend, girlfriend, spouse, you have a kid together, you live in the same household or used to live in the same household, these are categories that make that relationship special when it comes to the law.
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Under Oklahoma case law, you have no expectation of privacy in a cop car, which means that anything said to you or said from you can be used against you in court.Now this doesn’t just include statements that you’re making that may or may not be against your own interest, but also statements that any co-defendant or other party might be making in the back of the car with you trying to rope you into the charges that may or may not be coming down the line. So what is important for you to know? Number one, if you do happen to find yourself in the unfortunate situation where you are stopped and then placed in handcuffs or detained in any way inside a police car, shut up.
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Petit larceny is not a term that most of us know unless we have been knocking around the legal community. Basically, petit larceny in Oklahoma is a small theft. Petit is the word for “small” in French and larceny is a theft involving deceit or stealth. Here is what you need to know about the […]
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Conjoint robbery is not a term that many are familiar with. But the crime occurs with some frequency. In order to understand conjoint robbery in Oklahoma, it is necessary to understand basic robbery and how it is handled in Tahlequah. Robbery: A Crime Against A Person Crimes are divided between crimes against people and crimes […]
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In Oklahoma, many crimes are categorized by degree. The lower the number, the more serious the charge. First degree burglary in Oklahoma is the most serious type of burglary. If you are facing charges, it is helpful to understand how Oklahoma treats the crime. It is also important that you hire an experienced Tahlequah attorney […]
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Murder is one of the most serious crimes that anyone can ever face. All courts treat the taking of another life with the utmost gravity. However, there is a difference between a homicide and a murder. In essence, all murders are homicides, but not all homicides are murders. Homicide is the taking of a life. […]
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Once upon a time, Oklahoma had some of the strictest laws in the country regarding drug possession. All of that has changed regarding simple possession of methamphetamine in Oklahoma. Here is what you need to know about possession of a controlled dangerous substance in Tahlequah, Oklahoma. Possession Of A Controlled Dangerous Substance Defined In Oklahoma, […]
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We have all seen police shows in which a perpetrator pulls out a gun, points it at a victim, and demands their money. However, seeing it on TV and understanding the crime legally are two very different things. Here is what you need to know about the crime of robbery with a firearm in Tahlequah, […]
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In this society, we protect our children until they can make wise decisions about their own lives and actions. That is why contributing to the delinquency of a minor in Oklahoma is treated seriously. Although the crime involves things such as an adult buying alcohol for a teen, it encompasses much more than that. Here […]
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If you or a loved one are facing charges for second-degree burglary in Tahlequah, you are going to want to know about how the crime is handled. Here is what you want to know about all types of burglary in Oklahoma. Burglary In General Burglary is a crime of stealth. It involves breaking and entering […]
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Drugs — their possession, use, manufacturing, and distribution are strictly forbidden in Tahlequah, Oklahoma. In fact, Oklahoma has some of the harshest penalties in the land for drug offenses of any kind, including the possession of drug paraphernalia. It is common for a person to be charged both with possession of a substance and possession […]
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A Tahlequah, Oklahoma robbery is defined as the wrongful taking of another’s personal property from that person’s body or from the immediate surrounding area by means of force or fear. Okla. Stat. tit. 21 § 791 It is the use of force or fear in taking something from another person’s body or immediate surrounding that […]
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In order to understand the crime of aggravated assault and battery Oklahoma in Tahlequah, we first need to understand what simple assault and battery is. Simple Assault And Battery In Oklahoma We think of assault as an attack upon another person. But it is actually something other than an attack. An assault actually occurs before […]
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Fraud, whether we are on the receiving end of it or on the perpetrating end of it, is always a serious matter. False impersonation Oklahoma is a form of fraud, and is severely punished in Tahlequah. Defining False Impersonation Oklahoma In looking for a definition for false impersonation, it is important to separate the impersonation […]
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Burglary Oklahoma is a crime of stealth. When we think about the term, we can imagine a masked person breaking and entering a Tahlequah home at night with the intent to steal something inside. Our image of the crime usually is quite accurate. But like all crimes, it has certain elements that mark it as burglary […]
