Tahlequah Lawyer Blog
What Is An Indecent Proposal To A Minor In Oklahoma?
Oklahoma has a number of laws to protect children from inappropriate sexual conduct and exploitation. One of those laws forbids making a lewd or indecent proposal to a minor in Oklahoma. Here is what you need to know about the law and how it is handled in Tahlequah. The Law Against Making A Lewd Or […] Read more »What Are Your Options If You Are Filing for Divorce?
Tahlequah attorney discusses some options you have if you are thinking about filing for a divorce. Some divorces are actually, in fact, a lot are very amicable. The people just realized, "Hey, we're not good together. Maybe we make better friends than spouses. Or we decided that this is just not our thing, and we tried and it didn't work out." And there's no shame in that. When you have an agreed-on divorce, it actually makes things a lot simpler. Your options, I'm going to go through some of our options we give people when they contact us about a divorce. The first thing we do as a firm is we can just draft the papers for you. We will draft up all the divorce papers, we will sell them to you for $500, is how the retainer fee works. Read more »
What Is A Paternity Action?
Tahlequah attorney Ryan Cannonie explains a paternity action and some considerations for those thinking of filing one. One thing that comes up quite a lot actually is paternity actions. Now, when I say paternity actions, this is a situation, let's say you're a father, you have children, but you weren't ever put on the birth certificate. You have never had DNA done. You and the children's mother were never married and just their kids were born and you've always kind of been in the picture. You maybe don't live together, so they visit with you sometimes. They visit with her sometimes, and that's kind of the situation you're in. So if you find yourself in a situation like most of the time when people come in, it's not because things are going well. No one goes to the court system because things are going well. But a lot of times what happens is over the years, there's disagreements, there's re-marriages, there's other situations, maybe possibly moving. And what happens is visitation is stopped. So you are no longer allowed to see your children because their mother just won't let you around them. Well, when you go to try to get an order from the court to let you see your children, you're going to run into one big problem. It's that you're going to have to prove you're their father. Read more »
Charged With Possession Of A Stolen Vehicle In Oklahoma? Learn More
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 […] Read more »How A Guardianship Ends
If your kids have been placed in a guardianship based on a deprive situation, DHS was involved and the court placed them in a guardianship, you're going to have things in that guardianship order that you're going to have to have completed and you're going to have to have proof of that. If this is just a regular guardianship, a Title 30 guardianship is what we call it, then you're still going to have to come in and prove that you're the parent and you have a good home situation, and that there's a reason for the court to terminate that guardianship. Remember, the court at one point found there was good reason to have a guardianship so you're going to have come in and prove well, there's a reason now to get rid of it. And if you don't have an attorney, and if you don't have an attorney that knows what they're doing, this could be very difficult for you, and in some cases you're probably going to get told no and you're going to have keep coming back. Read more »
What Does Guardianship Mean In Oklahoma?
What Does Guardianship Mean in Oklahoma? Tahlequah attorney Ryan Cannonie gives you an in-depth overview of guardianships. One of the things that comes up a lot is guardianships. A guardianship, I think I've done a video about them as it relates to deprived, deprived guardianships are usually found in title 10A of the Oklahoma Statutes. We're going to be talking about a different form of guardianship right now, specifically a title 30. That just means it's found in the Statutes under title 30. A title 30 guardianship is what most of your guardianships are going to be filed under. Title 30 includes guardianships for both adults and for children, so it can be filed in either case. There are certain things you have to do to qualify, certain requirements that have to be met depending on if you're filing for an adult or a child. Read more »
What Happens When No Plea Agreement Is Made In Criminal Cases?
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. Read more »
What is a Status/Disposition/Sounding Docket?
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. Read more »
Bonding And Bailing: What Happens After Your Arrest?
Once you're arrested, or once a warrant is served on you and you're arrested for the warrant, you'll go to jail, and then you'll be given a bond. Now, sometimes you'll be given a bond, like your public intoxes sometimes will have a standard bond. Sometimes court systems have standard bonds, where if you commit A, the bond is whatever they set it at. Certain offenses you have to go before a judge. Domestic violence, you're always going to have to go before a judge to receive a bond on those cases. And your bond is not always going to be money. There could be other factors associated with that, as well. So when you do go before a judge, you have a certain time limit that they have to have you in front of the judge by. And when you go in front of the judge, they're going to look and see if there's probable cause for your arrest. Read more »
Your First Day In Court: Navigating The Initial Appearance Docket
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." Read more »
Defining Assault And Battery On A Police Officer In Oklahoma
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 […] Read more »What Is The First Step In An Oklahoma Criminal Case?
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. Read more »
How Serious Is Rape By Instrumentation In Oklahoma?
Rape is a crime of violence. Rape by instrumentation is a specific type of rape, though not commonly discussed. Here is what you need to know about rape by instrumentation in Oklahoma and how it is handled. Rape Defined Rape is legally defined as an act of non-consensual sexual intercourse involving the vaginal or anal […] Read more »Pro Se Chronicles
We can do a consultation, talk to you about your options, hopefully help you and maybe even get your plea offer reduced, get a different charge as a reduced charge, maybe even get it dismissed. But we will be able to help you a lot more than you going in with a book you read last night on what it means to be a lawyer. Read more »How McGirt Could Impact Your Case
Here are certain types of crimes that can only be charged federally or through a tribe if the defendant is a Native American member or if the victim is a Native American member. There's a list of them. I had to write them down, so let me read through them. If either the victim of the crime or the accused perpetrator of it is on a crime for murder, manslaughter, kidnapping, rape, child sexual abuse, incest, assault against a child under the age of 16. Child abuse may mean child neglect, assault and battery, arson, burglary, robbery, larceny over a thousand dollars, domestic assault and battery by strangulation or assault and battery with serious bodily injury. Read more »
What Can Happen If You Represent Yourself In Court?
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? Read more »
Can You Possess A Firearm If You're Under A Felony Deferment?
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 Read more »
The Truth Behind Domestic Assault And Battery
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. Read more »
Do You Have Privacy In A Cop Car In Oklahoma?
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. Read more »How Serious Is Petit Larceny In Oklahoma?
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 […] Read more »What Exactly Is Conjoint Robbery In Oklahoma?
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 […] Read more »How Serious Is First Degree Burglary In Oklahoma?
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 […] Read more »What Is Second Degree Murder In Oklahoma?
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. […] Read more »Examining Accessory To A Felony In Tahlequah
You have probably heard the term “accessory” or “accessory after the fact.” But like most people without a legal background, you may not know what the term means or even know that it is a crime in Oklahoma. Being an accessory or an accessory to a felony is in fact a crime, although it is […] Read more »Defining Possession Of Methamphetamine In Oklahoma
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, […] Read more »
