Most people have never heard the term “application to accelerate.” It is not a crime, but it can have serious consequences if you are facing it. An application to accelerate in Tahlequah, Oklahoma is a consequence of running afoul of the terms of probation or a deferred sentence. Thus, it is helpful to understand the […]
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, from Wirth Law Office, explains what happens if you remove a DOC ankle monitor.
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Many jurisdictions, including Oklahoma, have relaxed their laws regarding simple possession of illegal drugs for personal use. In Oklahoma, possession of an illegal drug is now a misdemeanor. However, most of the laws regarding illegal drugs in Oklahoma remain serious felonies, including endeavoring to manufacture a controlled dangerous substance. Here is what you need to […]
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Possession of burglary tools in Oklahoma can be a serious crime if you have a prior history involving burglary. Also, the situation depends on the tools with which you are caught. Here is what you need to know about how this crime is handled in Tahlequah. Possession Of Burglary Tools In Oklahoma Defined In Oklahoma, […]
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Oklahoma has relaxed its laws regarding simple possession of controlled drugs, making all possession involving amounts for personal use into a misdemeanor offense. However, other drug crimes such as possession of an illegal drug with intent to distribute or trafficking illegal drugs remain serious crimes. If you are facing charges for trafficking illegal drugs in […]
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When friends or family get arrested, we want to help them. They may ask for a favor, or we may want to make the experience easier for them to handle. Either way, you want to be careful about how you help a loved one in jail. However, carrying drugs or alcohol into jail in Oklahoma […]
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Tahlequah attorney, Ryan Cannonie, discusses some important parts of drug trafficking laws in Oklahoma.
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All SQ 805 does is it reduces the ability of prosecutors to get enhanced up to life sentences on people.
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Tahlequah attorney, Ryan Cannonie, does a follow up a video explaining stay question 805 and sentence enhancement.
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Tahlequah attorney, Ryan Cannonie, explains how not all false personation cases should be charged as a felony.
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Facing a charge for shooting with intent to kill in Oklahoma can be a frightening experience. It can help to understand how the crime is handled in Tahlequah and what defenses may be available to you. Here is what you need to know. Shooting With Intent to Kill Defined Shooting with intent to kill in […]
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Tahlequah attorney, Ryan Cannonie, explains the number one thing to prepare for when turning yourself on on a warrant.
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Tahlequah attorney, Ryan Cannonie, explains what a Sentence Enhancement is so you can better understand State Question 805.
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What is a violent crime in Oklahoma? Tahlequah criminal defense attorney Ryan Cannonie, with Wirth Law Office in Cherokee County has that answer.
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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. […]
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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.
