FAQ: Criminal Defense in Oklahoma

Miranda Rights are meant to ensure criminal suspects make an informed decision concerning speaking to law enforcement or remaining silent. Police are not legally required to read you Miranda Rights, unless you are in custody and they are questioning you. Therefore, if the police do not ask you questions/interrogate you, then they do not have to read you Miranda. 

The issues surrounding Miranda Rights, the admissibility of your statements to police, and the suppression laws related to statements to police are complex and relate to thousands of cases concerning the Fourth Amendment and the Court’s interpretation of the Fourth Amendment. It is essential that you work with an experienced Oklahoma City criminal defense attorney, if you believe your rights were violated or that a suppression issue should determine the outcome of your case. Your Fierce Advocates® at Cannon & Associates have successfully had several client statements suppressed and would be glad to discuss your options with you.

The most important and unfortunately rarely exercised right is the right to remain silent, i.e. say nothing incriminating or otherwise to police. It is never in your interest to speak to police without your OKC criminal defense lawyer present. You should immediately interview and retain the right Oklahoma criminal defense lawyer for your case, if you think or know that you are under investigation for a crime in Oklahoma. 

We offer value based investigation fees to clients that do not know the status of whether or not they are under investigation to determine where police are in the process and prevent clients from wrongfully self-incriminating themselves. These fees are less than representation in the case, if charges are filed and allows you to have an OKC criminal defense attorney by your side during the entire process. 

 When you retain a top-rated OKC criminal defense attorney, they will be able to contact all potential law enforcement agencies to determine whether or not you are under investigation and ensure that agency does not contact you without going through your defense attorney. Therefore, you can rest assured that you will not have officers arrest you at home or work and try to interrogate you without a lawyer. The interests at stake when suspect you may be under criminal investigation in Oklahoma are too great to not retain an experienced OKC criminal defense attorney as soon as possible to protect your rights.

The gray area of being questioned or under investigation end once you have been arrested. You are entitled to all the rights outlined in Miranda upon being arrested in Oklahoma, as is the case anywhere in the United States. Again, most importantly you have the absolute right to remain silent, which you should always exercise until you have proper representation by an experienced OKC criminal defense attorney. 

You are under no legal duty to speak to police once arrested. You are not obligated to answer any questions once arrested. You will eventually be appointed a criminal defense attorney, if you cannot afford to hire an experienced Oklahoma criminal defense attorney. You should never provide information or speak to law enforcement beyond stating the following without counsel, “I exercise my right to counsel and will consider meeting with you or answering your questions after meeting with my lawyer.” We have professional relationships with many law enforcement officers and outside of work they would echo the same advice to not speak to police without a lawyer.

In Oklahoma, a person is under arrest once in custody upon executing an arrest warrant. Additionally, without a warrant, if you are police custody beyond “investigative detention” then you are under arrest. Police do not want to identify whether you are under arrest or not until they have obtained all the information they can from you. The prospect of avoiding being arrested is too tempting to not try to “talk your way out of it” for many suspects. 

However, you have the right to ask police whether or not you are under arrest. Simply state the following in a respectful tone, until you receive a response, “am I under arrest?” Once you are in custody, you must exercise your right to remain silent, because police mean it when they are forced to tell you that “anything you say can and WILL be used against you in a court of law.” It is always the best advice to shut up and lawyer up! Obtain an experienced OKC criminal defense attorney as soon as possible in your case.

Probable cause is the amount of information or evidence that police need in order to search a person’s vehicle, belongs, or arrest them. Probable cause is more than mere suspicion. As an example, if an officer smells alcohol coming from a vehicle following a stop for suspicion of DUI in Oklahoma, the officer may require the driver to exit the vehicle and could search that individual. However, should an officer search someone, arrest someone without probable cause the evidence the officer obtained would not be admissible. 

The legal definition of probable cause is “whether at [the moment of arrest] the facts and circumstances within [an officer's] knowledge and of which they had reasonably trustworthy information [are] sufficient to warrant a prudent [person] in believing that [a suspect] had committed or was committing an offense.” Beck v. Ohio, United States Supreme Court.

In order for a police officer to pull you over on the road, they must have probable cause. Our Oklahoma City criminal defense attorneys hold law enforcement to their burden of proof in every client’s case and seek suppression of the evidence against you, if probable cause was lacking for your arrest or traffic stop.

You do not have to let police into your home, unless they have a valid warrant and show you a copy of the warrant. Police often attempt to enter and search a residence when they suspect you or someone in the home has committed a crime. Your home is protected from unreasonable search and seizure under the Fourth Amendment. Therefore, police may not enter your home, unless they have a warrant lawfully obtained by a judge. Unless, an officer can later explain “exigent circumstances” that give reason to enter your home without a warrant, the evidence they obtained should be suppressed, if they searched without a warrant and without your permission. 

All that to say, if you allow police into your home and they find evidence of a crime in Oklahoma, you can forfeit the protections of the warrant requirement. You should politely refuse to let police into your home, unless they have a warrant and call an experienced Oklahoma City criminal defense attorney. 

Unfortunately no, police are not obligated to inform you the reason you are being arrested. However, most of the time police will tell you a general sense of the reason you are being placed under arrest. However, the law requires that you be brought before a judge within 72 hours of your arrest and be advised of your charges. 

Additionally, a loved one or your OKC criminal defense attorney can find out the charges you were booked-in to the jail on from the sheriff without speaking to the arresting officer. Stated another way, in Oklahoma you can quickly find out what crime you have been arrested under the suspicion of in a very short period of time. So shut up, lawyer up and retain an experienced OKC criminal defense attorney to determine your charges and defend your case.

The earlier you retain your Oklahoma criminal defense attorney, the sooner they can begin to investigate your case and secure evidence to support your defense. Evidence is much more difficult to find over time: text messages are deleted, social media post fade, surveillance footage is recorded over, etc. Time is crucial to your attorney being able to secure the evidence necessary to defend your case. 

It is in your best interest to hire an experienced Oklahoma City criminal defense attorney as soon as you know that you are under investigation or you have been arrested. Once you have retained your Oklahoma criminal defense attorney you will have certainty about your rights and a trusted source for answers to your questions about anything in the legal process. When or if you are contacted by law enforcement after retaining your Oklahoma City criminal defense attorney you can simply direct police to your attorney and decide whether or not you want to speak to law enforcement after discussing the issue with your attorney.

Whether you are facing state or federal charges, an investigation or event with police will take place prior to federal indictment or criminal charges being filed. Most criminal cases do not have substantial or lengthy investigations. Rather, police observe a crime or witnesses make statements about a crime, police gather evidence, and the prosecutor decides what charges to file. The best thing you can do in the typical case prior to charges being filed is exercise your right to remain silent, hire an Oklahoma City criminal defense attorney, and do not say anything to law enforcement.

On the other hand, more serious crimes or crimes that span a length of time often involve an investigation. You will likely become aware of the fact that you are under investigation prior to being interrogated or arrested. In these instances, it is again in your interest to hire an experienced Oklahoma City criminal defense attorney to guide you through the process and stop you from making any incriminating statements at your defense attorney will be with you during questioning or interrogation.

Once the investigation phase is over, the prosecutor will make a decision on what charges to bring to the grand jury or file in state court. You should never speak to law enforcement, unless you are in the presence of your criminal defense attorney.

At the beginning of your case or the pretrial phase, you and your Oklahoma criminal defense attorney will investigate your defense and evaluate the government’s case against you. When you work with an experienced Oklahoma criminal defense attorney you will be better able to evaluate and understand your options of fighting your case or seeking a plea agreement.

Once your case has been pending for some time you and your OKC criminal defense attorney will have to evaluate your options, hopefully with all the information possible. You will need to decide, which of the following options you will pursue:

1. Fight: decide to take the evidence and witness testimony you and your OKC criminal defense attorney have been able to gather to fight your case in motion hearings, suppression hearing, or jury trial. This option is high risk and high reward, if successful your case will be dismissed, but if unsuccessful your punishment may be greater than the next two options. Watch this video to learn more about the options between
2. Plea: decide to accept the best deal with the prosecutor that your OKC criminal defense attorney has been able to obtain for you through development of your story and mitigation to show cause for a lesser punishment. This option gives you the most control over the outcome of your case. When you work with an experienced and top-rated OKC criminal defense attorney, they will ensure you understand every option you make in your case and that you know the best case, worse case, and secondary effects of every decision in your OKC criminal case.
3. Blind Plea: In Oklahoma federal criminal cases and state criminal cases, you may resolve your case by plea without an agreement with the prosecutor. This option is called a “blind plea” as you do not know your sentence or the outcome of your case and you are leaving it to the court to decide the sentence. This option gives you and your OKC criminal defense attorney the opportunity to present evidence, witnesses, and mitigation to the court with a plan for your sentence and your OKC criminal defense attorney must fight for the best outcome.

There are many pitfalls and decisions to be made during the course of an OKC criminal case in both state and federal court. When you work with an experienced and top-rated criminal defense attorney, you will be better informed of the potential risks and rewards of every decision. Your Fierce Advocates® at Cannon & Associates are dedicated and obligated by our founder to ensure every client knows the pros and cons of every decision in their case. We would be glad to address every single question you have in a case planning session or meeting with our OKC criminal defense team.

As stated in the answer to the previous question, you should only enter a plea deal, if you are in fact guilty of the crime charged and the government can prove your guilt beyond a reasonable doubt. Most defendants in Oklahoma do not have the experience to evaluate these key questions:

1. Can the government prove your guilt beyond a reasonable doubt?
2. Are you in fact guilty of all the elements necessary to prove the crime you are charged with under Oklahoma law?

Our ethics and founder require that every client’s case be evaluated under these criteria. When the prosecution cannot prove each of the required elements for a guilty verdict at trial in your case, we will fight for your case to be dismissed or for reduced charges, period.

The answer to the million dollar question of whether you should take a plea deal or not should never be taken lightly. We work with every client we serve to evaluate the government’s case, ensure we have explored every option to have our client’s case dismissed, and only advise our client to enter a plea, if it the best option after evaluating all available choices in our client’s case. Defendant is generally able to secure a lighter sentence in exchange for a plea of guilty.

When or if you enter a plea deal in your Oklahoma criminal case, it will provide you certainty in the outcome of your case and your OKC criminal defense attorney should explain the consequences and requirements of your specific sentence.

Yes, you absolutely need an experienced and great OKC criminal defense attorney, if you are innocent of your charges. Our criminal defense team has an investigator on staff that will look into your case, secure witnesses and evidence as soon as possible, to preserve the case proving your innocence.

Sadly many people are wrongfully convicted in Oklahoma and across the country, the greatest mistake you can make is taking the process lightly or “trusting in the system” to determine that you are in fact innocent without the assistance of an experienced OKC criminal defense team. You OKC criminal defense team investigating your innocence is a vital step to proving your innocence. 

You have rights and the government has a burden of proof that you may not be entirely aware of in your Oklahoma criminal case. An experienced Oklahoma City criminal defense attorney can help reduce the consequences and costs of your case, even if you know you want to enter a guilty plea. In addition to assisting you in reaching a reduced charged or less serious penalty in your case, an Oklahoma City criminal defense attorney can explain all of your options and the best course of action in your case based on experience representing hundreds of clients in similar circumstances.

Finding and hiring the right Oklahoma City criminal defense attorney for you or your family is one of the most important decisions you can make in your Oklahoma criminal case. We are proud to be Your Fierce Advocates® if we are the right fit for you, but the following are some of the important questions you should ask the Oklahoma City criminal defense attorney or team you are considering hiring:

1. Have you represented someone with a similar situation to me in the past? What happened in their case? We are proud to have experience representing clients in nearly every criminal situation that occurs in Oklahoma. We use our experience to begin the process of defending every client.
2. Do you have a general practice or specialize in criminal defense? Our criminal defense team at Cannon & Associates does one thing only, fight for clients facing criminal charges in Oklahoma. 
3. How do your fees work? Do you have milestones for your retainer? Do you have a separate trial fee? We have milestones built into the fee agreement in every one of our cases, so you know exactly what you are paying for in your retainer.
4. What access will I have to my file? Will you provide me all of the discovery/evidence? We have electronic files that every client can access at any time. Plus, we’re glad to make you a paper copies of the evidence.  
5. Will you work on my case alone or do you have a team approach? We work as a team to represent every client, including all our OKC criminal defense attorneys, our investigator, our paralegals, interns, and support staff. You will always have Your Fierce Advocates® on your case with Cannon & Associates.
6. How often will you work on my case? In addition to your ability to schedule a meeting at any time with your attorney or paralegal, we hold weekly Case Strategy Sessions to review every open case with the entire team. We know our entire team is better than anyone attorney and we use that for every client’s benefit. 
7. What is the culture like at your firm? We have a team approach at Cannon & Associates based upon our Firm Values. We would be glad to share them with you.

These are just some of the questions you should ask when meeting with potential attorneys for your case.

The defense strategies we use for our criminal defense clients largely depends on the facts of your case. However, some strategies are universal to excellent criminal defense:

1. We obtain all the evidence available in your case directly from law enforcement through our investigator. Knowing the government’s evidence helps us evaluate options and the strength of the government case.
2. Suppression of evidence and having our client’s case dismissed is always a goal in your defense. We use the evidence our investigator obtains to build an argument for suppression or dismissal of your case.
3. Tell your story: our years of experience and fighting for clients in court has taught us the police do not tell the full story in most cases. Our investigator interviews witnesses to help us get the complete story in your case and use it to your advantage.
4. We seek to identify weaknesses in the government’s case by clearly understanding the evidence and facts the government must prove in order to prove your guilt beyond a reasonable doubt. We take this information and confront the prosecutor, the judge, and if necessary the jury with the weaknesses in the government case to seek reduced charges or dismissal of your case.

In order to learn about specific strategies in your Oklahoma criminal case, we look forward to meeting you for a free case planning session to identify courses of action to defend your case.

We cannot tell you how long your criminal case will take in Oklahoma without knowing information about your case. The type of charged you are facing, the court your case is in, and your desired outcome or goals for your case play an important role in how long your criminal case will take in Oklahoma. The following are some of the most important factors in determine how long your criminal case will take in Oklahoma. We encourage you to bring up this question during your free case planning session:

1. Is your case in Oklahoma federal court? Oklahoma state district court? Municipal court? Each jurisdiction has different criminal procedures, which impact the timeline of your Oklahoma criminal case. 
2. What charges are you facing? Violent crimes and serious drugs crimes, such as drug trafficking typically take longer to resolve than misdemeanors or DUI cases in Oklahoma. 
3. What outcome are you looking for in your Oklahoma criminal case? We fight to get every client’s case dismissed, if there is a way to the best outcome possible. However, if the evidence is too much to overcome and you want to resolve your case quickly, we can typically resolve your case in two to three months.

You may qualify for a public defender, if you remain in custody or if the court determines that you do not have the financial means to hire an attorney. However, public defenders are often overworked and have too many clients to provide you the level of service and time defending your case that a private practice Oklahoma City criminal defense attorney can provide to you. When you work with Cannon & Associates, you get our entire criminal defense team on your case, including weekly Case Strategy Sessions where the entire criminal team meets to discuss every case in the office, including your case.

In the state of Oklahoma, DWI and DUI are not the same thing. DWI is in reference to a blood-alcohol content of 0.05% alcohol and carries a lesser penalty than DUI in Oklahoma. In order to be convicted of DUI in Oklahoma, you must be intoxicated and a blood-alcohol content of 0.08% or greater, unless you are charged with DUI drugs. Oklahoma has a zero tolerance law for drivers under the age of 21. Visit our FAQ on DUI Defense for answers to your other pressing Oklahoma DUI questions. You should also visit our YouTube channel for multiple videos on Oklahoma DUI Defense.

The focus in the Oklahoma juvenile justice system is reform of the individual charged with a crime. However, the costs, time, and difficulty of the process you or your loved one will face is influenced by a number of factors in your Oklahoma juvenile criminal case. It is possible to have a variety of extensive costs associated with your juvenile criminal case, in addition to probation or time in juvenile detention. In violent or serious juvenile cases, it is possible to be sentenced to lengthy periods of incarceration. We encourage you to contact our office to get answers to your specific questions about your Oklahoma juvenile criminal case.

Again, we fight to help every client avoid a conviction, including property crimes. However, in some instances our clients facing Oklahoma property crimes are convicted or enter a plea for probation. The penalty for property crimes in Oklahoma is largely related to the caliber of defense you present and the value of the property involved.  In most instances, the cost will be at least equal to the value of the property that the government can prove in your Oklahoma property crimes case.

Multiple factors, as in every criminal case, impact the total consequences and penalties of your Oklahoma criminal property case. Our Oklahoma City property crimes lawyers will do everything in our power to get you answers to this and other questions as soon as possible in your case.

In Oklahoma, drug possession is an offense that you can be charged with when you are in physical or constructive possession of any amount of drugs. Drug possession is Oklahoma is only charged in cases that indicate person possession, i.e. small amounts of illegal drugs. Possession of illegal drugs was once a felony in Oklahoma; however, it is not a misdemeanor or less serious offense. It is important to work with an experienced Oklahoma City criminal defense attorney, as it increases your chances of having your case dismissed or it being resolved with less serious consequences, even on a misdemeanor drug case.

In Oklahoma, distribution of drugs or possession with intent to distribute drugs (PWI) is a very common drug charge and it is a felony. PWI in Oklahoma requires proof of the intent to share or distribute illegal drugs. Prosecutors will typically charge PWI in Oklahoma, if the suspect has a scale to weight drugs, individual baggies, or drug paraphernalia.

Possession with Intent to distribute is very factually intense in Oklahoma and working with an experienced Oklahoma City drug defense attorney increases your chances of a positive outcome in your case. Additionally, the penalties for PWI in Oklahoma differ based upon the type of drugs involved in the case. Please visit our YouTube page for a video addressing drug charges.

As stated in the previous question, distribution of drugs in Oklahoma is based upon proof of the intent to share or sell drugs. However, drug trafficking in Oklahoma is based upon the weight of drugs found in the case. The specific amount of drugs necessary to prove drug trafficking differs based upon the individual drug charged. Our Oklahoma City drug trafficking defense attorneys look forward to answering your questions; however, we encourage you to visit the following page concerning the amount of drugs necessary for specific Oklahoma drug trafficking offenses until we can meet.

Defending drug trafficking cases is complex and a wrong move may result in you or your loved one being sentenced to prison. Drug trafficking defense in Oklahoma is typically based on a lack of evidence of possession or a suppression issue to keep evidence out of your case. We are Fierce Advocates® for every client we have the privilege to represent and look forward to answering your questions as Oklahoma City drug trafficking defense attorneys. Until we speak, we encourage you to explore the information on our website concerning Oklahoma drug trafficking defense and our YouTube channel.

Theft and robbery both involve the allegation of taking the property of another individual or entity without permission or consent. Theft is a larger category, which is similar to stealing. Theft may or may not be a felony in Oklahoma based upon the value of the property taken.

Robbery in Oklahoma, is a very serious offense. In order to be charged with robbery in Oklahoma, there must be an allegation of taking property by force or threat of the use of force. Our Oklahoma City robbery defense attorneys have represented multiple clients and look forward to answering your specific questions concerning robbery and its consequences in Oklahoma.

Robbery is a violent crime that falls under the Oklahoma 85% Crimes rule, which requires a defendant to serve 85-percent of the sentence prior to being eligible for parole. Theft on the other hand can be a misdemeanor or felony based upon the value of the property taken. Our Oklahoma City property crimes attorneys look forward to answering your specific questions and encourage you to visit other pages of our website for additional information.

Theft or Larceny in Oklahoma may become a felony in Oklahoma is the value of the property taken is greater than $1,000. Felony theft charges carry the potential of prison time. Felony larceny is commonly called Grand Larceny in Oklahoma and our Oklahoma City property criminal defense attorneys fight for client’s freedom and reduced charges in grand larceny cases. The greater the amount of alleged property taken, the higher the potential consequences in your Oklahoma larceny case.

Every case comes with its own circumstances; however, a prior conviction of larceny or theft in Oklahoma will impact the potential consequences in a new larceny case. The risks of jail time and increased consequences on probation come with subsequence charges of larceny in Oklahoma. It is important to work with an experienced Oklahoma City property criminal defense attorney to help build your defense and a plan of action to avoid negative consequences in your Oklahoma subsequent offense property crime case. An experienced Oklahoma City criminal defense attorney can assist you in understanding your specific options and potential consequences of your Oklahoma property crime case.

An Oklahoma domestic violence crime is an allegation of physical violence against someone in a family or close personal relationship, i.e. a person that lives in your household or someone in a romantic relationship. In Oklahoma, domestic violence charged are more serious than simple assault and battery, they also do not apply in fights between friends or people you simply know.

Domestic violence charged in Oklahoma are based on the relationship and carry harsher punishments than the same conduct towards a stranger. You need an experienced Oklahoma City domestic violence defense attorney, if you are facing criminal charged of domestic assault and battery.

There are multiple types of domestic violence crimes in Oklahoma. The types of domestic violence crimes in Oklahoma are defined by the conduct and the consequences of each are associated with the seriousness of the domestic violence alleged in the offense. The following are the most common types of domestic violence crimes in Oklahoma:

1. Domestic Abuse: Assault and Battery
2. Domestic Abuse: Assault and Battery with Great Bodily Injury
3. Domestic Abuse: Assault and Battery in the presence of a child
4. Domestic Abuse: Assault and Battery upon a pregnant woman
5. Domestic Abuse: Assault and Battery by Strangulation
6. Domestic Abuse: Assault and Battery by Attempted Strangulation
7. Domestic Abuse: Assault and Battery with a Dangerous Weapon

The title of each of these Oklahoma domestic violence crimes describe the conduct required to be charged with the offense. All domestic violence charges are handled seriously by prosecutors in Oklahoma. However, felony domestic violence charged are treated the most seriously. Our Oklahoma City domestic violence defense attorneys can answer your specific questions about your charges, but until we meet, we encourage you to watch this YouTube video and visit our Oklahoma City domestic violence defense pages for more information.

First-time misdemeanor domestic abuse assault and battery in Oklahoma carries up to one year in jail and a fine of up to $5,000. A subsequent incident of domestic abuse assault and battery is a felony, based upon Oklahoma’s domestic violence laws making subsequent offenses of domestic abuse a predicate offense felony. The punishment for felony domestic abuse assault and battery in Oklahoma is up to four years in prison and the same fine amount, up to $5,000 fine.

In addition to the risk of a substantial fine and jail for an Oklahoma domestic violence allegation, you may be required to complete a 52-week Batterer’s Intervention Program (BIP) based upon a plea to domestic violence in Oklahoma. The consequences you may face and the outcome of your Oklahoma domestic violence case are impacted by the Oklahoma domestic violence defense attorney you decide to hire. We look forward to answering your specific questions about your Oklahoma domestic violence defense.

In Oklahoma, domestic abuse by strangulation is a felony offense and the punishment range is one to three years in prison. The maximum fine for domestic abuse by strangulation in Oklahoma is $3,000. Subsequent offenses of domestic abuse by strangulation in Oklahoma carry a harsher punishment of three years to ten years in prison and a fine of up to $2,000. You need an experienced Oklahoma City domestic violence defense attorney, if you are facing domestic abuse by strangulation charges.

In Oklahoma, domestic abuse resulting in great bodily injury is a felony offense and carries up to ten years in prison. This offense requires broken bones, impairment of a bodily function, or disfigurement. Basically, this is a very serious offense and the consequences can be very serious as well. Whether you want to fight your Oklahoma domestic violence case or seek a resolution, it is important to your future that you work with an experienced Oklahoma City domestic violence defense attorney.

Oklahoma has statutes of limitations, which provide an end date to when an event can be prosecuted in Oklahoma. The catch-all statute of limitations in Oklahoma is three years, which applies to any criminal offense without a specific statute of limitations. In Oklahoma, the statutes detailing domestic violence do not include a statute of limitations. Therefore, you cannot be prosecuted for an allegation of domestic violence more than three years after the event.

If the victim or a witness refuses to testify in an Oklahoma City domestic violence case, the case may proceed without the victim, if the prosecutor has sufficient evidence to support their case without the victim’s testimony. Alternatively, in some circumstances, when the victim in an Oklahoma City domestic violence case will not testify the case can be dismissed. Again, it is important to work with an experienced Oklahoma City domestic violence defense attorney, such as our team at Cannon & Associates in order to setup your Oklahoma domestic violence case for success.

In Oklahoma, the victim does not have control over whether or not a case will proceed with or without their cooperation. Victims in domestic violence cases in Oklahoma do not decide whether or not the case will be thrown out or dismissed. The district attorney determines whether or not they will continue to prosecute a domestic violence case in Oklahoma, this is based in part on the theory that the state as a whole is a victim and has an interest in the case, not only the named victim in the case. The concepts and laws associated with domestic violence defense in Oklahoma are complex. We look forward to the opportunity to meet with you and answer your questions as your Oklahoma City domestic violence defense attorneys.

You cannot “withdraw” your statement as a victim in a domestic violence case. However, the government has the burden of proof, which is beyond a reasonable doubt to show that the defendant is guilty of domestic abuse and they cannot simply enter your statement as evidence.

In order to present a victim’s statement to the judge or jury that decides the facts in a domestic violence case, the prosecution must prove the evidence is admissible. This is typically related to showing a foundation to present the evidence. Our Oklahoma City domestic violence defense attorneys are experienced in the Oklahoma evidence code and will fight to stop the government from entering evidence that is inadmissible against you in your case.

An individual under the age of 16 is unable to give legal consent to sex in Oklahoma. You can be charged with statutory rape, if you have sex with someone under the age of 16 and you are over the age of 18 in Oklahoma. Our Oklahoma criminal defense attorneys have helped clients navigate criminal cases related to the age of consent in order to save their future and freedom.

In Oklahoma, there are three types of homicide: murder, manslaughter, and negligent homicide. Murder in the First Degree is the most commonly charged homicide in Oklahoma and requires the offense to be deliberate or committed during the commission of a felony, i.e. Felony Murder. Murder in the Second Degree requires an “imminently dangerous act” that lacked the intent to kill or premeditation.

Manslaughter is less commonly charged in Oklahoma, in part due to the fact that it is a lesser included offense of Murder in Oklahoma and prosecutors use their discretion to begin a case as murder with the option to reduce the charges to manslaughter in exchange for a plea agreement. First Degree Manslaughter in Oklahoma requires the heat of passion (occurs during a fight) or during commission of a misdemeanor, i.e DUI manslaughter.

Manslaughter in the Second Degree is rarely charged and is the catch-all for homicides that do not meet the criteria of Murder in the First Degree, Murder in the Second Degree, or Manslaughter in the First Degree.

Negligent Homicide in Oklahoma is reserved for “reckless disregard for the safety of others” in an automobile accident. Although many auto fatalities in Oklahoma are charged as Manslaughter, our OKC murder defense attorneys have developed strategies and defenses to seek a reduced charge of negligent homicide, which is a misdemeanor.

You should only work with a highly experienced OKC murder defense attorney that knows the laws and strategy related to defending a murder case in Oklahoma, regardless of the initial homicide charges. Please visit the following page and others on our website for more information about Oklahoma murder defense.

Murder is the most serious offense under Oklahoma criminal laws. The penalty for Murder in the First Degree in Oklahoma includes the following:

1. The death penalty: only available in capital murder cases in Oklahoma and requires the prosecution to file a Bill of Particulars and prove in a separate stage of trial that the death penalty is the proper punishment. You must work with an experienced and death qualified Oklahoma murder defense attorney, if the death penalty is a potential in a case, whether you hire a qualified murder defense attorney or are appointed an Oklahoma Indigent Defense capital defense attorney.
2. Life without the possibility of parole: this punishment is reserved for the most serious murder cases and will result in the murder defendant never being released from prison.
3. Life with the possibility of parole: often referred to simply as “life in prison,” this sentence is currently calculated as 45 years in prison in Oklahoma. As murder in the first degree is an 85% crime, a defendant is required to serve 38.5 years prior to being released from prison on a life sentence in Oklahoma.

Anyone convicted of Murder in the Second Degree in Oklahoma faces 10 years to life in prison with the possibility of parole. Murder in the Second Degree in Oklahoma is also an 85% crime meaning you are required to serve 85% of whatever sentence you receive prior to being released from prison on parole.

You should only work with a highly experienced OKC murder defense attorney that knows the laws and strategy related to defending a murder case in Oklahoma, regardless of the initial homicide charges. Please visit the following page and others on our website for more information about Oklahoma murder defense.

The sentencing range in Oklahoma for Manslaughter in the First Degree is less severe than Murder in Oklahoma; however, it carries a range of punishment of four years to life in prison with the possibility of parole. Manslaughter in the First Degree in Oklahoma is an 85% crime meaning you are required to serve 85% of whatever sentence you receive prior to being released from prison on parole.

As stated above, Manslaughter in the Second-Degree is a catch-all felony homicide for Oklahoma homicides that do not rise to more serious homicides, but do not qualify as negligent homicide either. Therefore, the punishment for Manslaughter in the Second-Degree in Oklahoma is two years to four years in prison. Manslaughter in the Second-Degree is not an 85% crime.

You should only work with a highly experienced OKC murder defense attorney that knows the laws and strategy related to defending a murder case in Oklahoma, regardless of the initial homicide charges. Please visit the following page and others on our website for more information about Oklahoma murder defense.

Negligent homicide is the only Oklahoma misdemeanor homicide offense. Therefore, negligent homicide in Oklahoma only carries up to 12 months in jail and/or a fine of $1,000. You should only work with a highly experienced OKC murder defense attorney that knows the laws and strategy related to defending a murder case in Oklahoma, regardless of the initial homicide charges. Please visit the following page and others on our website for more information about Oklahoma murder defense.

Oklahoma murder defense is a highly-complex area that only some OKC criminal defense attorneys handle due to the additional factors involved in an Oklahoma murder defense and the potential life changing consequences.

Murder defense in Oklahoma comes down to two-main defense theories: someone else committed the murder or the homicide was justified. Both of these defenses are complex and require different approaches. You should only work with a highly experienced OKC murder defense attorney that knows the laws and strategy related to defending a murder case in Oklahoma.

The first murder defense, someone else committed the crime, is highly fact driven and requires presenting evidence that raises a doubt in the minds of the jury, including alibi evidence or circumstantial evidence if possible. Our investigator has decades of experience helping secure the witnesses and evidence that our client provide us in order to present a compelling murder defense in our client’s OKC murder defense case.

The second murder defense, which is the many forms of self-defense, is based largely on the law and ensuring the facts presented to the judge or jury in your Oklahoma murder case support the claim of self-defense in your murder case.

You should only work with a highly experienced OKC murder defense attorney that knows the laws and strategy related to defending a murder case in Oklahoma, regardless of the initial homicide charges. Please visit the following page and others on our website for more information about Oklahoma murder defense.

Although the government has the burden of proof in a murder case, when you are the only one on trial for murder the jury wants resolution. The jury’s desire for resolution can impact how high they hold the government’s burden, which makes it incredibly important to work with a top-rated Oklahoma murder defense attorney that will use all the tools available in your defense.

Our OKC murder defense attorneys are part of our OKC criminal defense team that includes our great investigator. Our OKC murder defense attorneys use all the resources and experience available to convince the jury that your story presents a reasonable doubt and that you should not be convicted.

You should only work with a highly experienced OKC murder defense attorney that knows the laws and strategy related to defending a murder case in Oklahoma, regardless of the initial homicide charges. Please visit the following page and others on our website for more information about Oklahoma murder defense.

The most obvious difference between misdemeanor and felony offenses in Oklahoma is that felonies carry potential prison time and the possibility of being a convicted felon at the conclusion of your case. Misdemeanor offense are reserved for less serious offenses and do not carry more than a year in jail as a potential consequence, which is nothing to take lightly either.

The consequences of a felony can be life altering and should never be taken lightly. An experienced OKC criminal defense attorney can help you through the process and maximize your chances to avoid a negative outcome in your Oklahoma felony case.

Misdemeanor DUI and domestic violence cases are very serious as well, even though they are not felony cases. Both can result in lift changing and secondary consequences, more so than any other types of misdemeanor cases. Oklahoma DUI and domestic violence offenses are “predicate crimes” meaning if you are charged with either of these offenses in the future you will face a felony for otherwise misdemeanor DUI or domestic violence.

You are not able to choose your court-appointed attorney. The only way to choose an Oklahoma criminal defense attorney is by hiring the defense attorney that is right for you and your family. The talented public defenders in Oklahoma are largely overworked and unable to dedicate the amount of time you want to your case. As important as your future, your freedom, and your defense are, all defendants or their families that can afford to hire an experienced criminal defense attorney do so. Please feel free to contact Cannon & Associates for a free case planning session and to see whether or not we are the right fit for you.

In the state of Oklahoma, you may have your criminal record expunged, if you qualify under one of the legal criteria for expungement in Oklahoma. Expungement in Oklahoma does not actually remove your criminal record, rather it seals it from public view. Alternatively, if you receive a pardon then your criminal record is erased. It is important to speak with an experienced OKC expungement attorney, if you are interested in clearing your criminal record or cleaning up your past. We also have videos on our YouTube page that address this specific question.

Yes, it is possible to get both misdemeanor and felony cases expunged in Oklahoma; however, whether or not your situation qualifies for expungement is based on the specifics and timing of your case. We encourage you to contact our OKC expungement lawyers for a free expungement evaluation to determine whether or not you qualify for expungement and to better understand your options and the road ahead to clear your criminal record. Until we have the opportunity to meet with you and answer your questions, we encourage you to watch this video on our YouTube page that address this specific question.

Visit our FAQ Expungement in Oklahoma page for answers to your other most pressing questions on expungement in Oklahoma.

You may “plead the fifth” and avoid testify at any hearing that may potentially incriminate you. Pleading the fifth is a reference to the Fifth Amendment to the US Constitution, which dictates that no one “shall be compelled to be a witness against himself,” which is applicable to Oklahoma State court criminal proceedings based upon the 14th Amendment to the US Constitution. You should retain and meet with a top-rated Oklahoma criminal defense attorney prior to testifying in any proceeding that may implicate you in a crime.

In Oklahoma State court criminal proceedings, you do not have to be physically present at every court date if you have retained an Oklahoma criminal defense attorney and they have filed an entry of appearance in your case. However, you must coordinate with your retained Oklahoma criminal defense attorney to ensure you do appear at every court date that your presence is required.

Typically, you are required to appear in person at every court date on a felony case in Oklahoma; however, our OKC criminal defense attorneys have secured the waiver of our client’s physical presence in some cases when circumstances, such as a client being from out of state, make it difficult for them to appear in person at multiple Oklahoma court appearances.

Alternatively, in Oklahoma misdemeanor cases, the defendant’s presence is often not required, if an Oklahoma criminal defense attorney has filed an entry of appearance in the case. For example, in Oklahoma County misdemeanor cases, you can appear through your criminal defense attorney and avoid physically appearing at most court dates. Ensure you communicate with your Oklahoma criminal defense attorney and that you understand, whether you are required to appear at your Oklahoma criminal court dates.

Yes, as stated above, you may be able to avoid appearing in person at arraignment, if you are charged in a misdemeanor case in Oklahoma. Additionally, by appearing through counsel and having your OKC criminal defense attorney file an entry of appearance in your case, it lets the prosecutor know that you are taking the case seriously, especially, if you work with a respected Oklahoma criminal defense attorney.

Additionally, an experienced OKC criminal defense attorney may be able to get you out of jail on your own recognizance, i.e. no cash bond or bail bondsman and they can also seek to have your bond reduced at arraignment, while beginning to negotiate your case and fight for the best outcome possible for you.

Please see our page, How a Felony Conviction can affect your Life, for information on how a felony conviction can impact your life in Oklahoma and why it is so important to work with a skilled OKC criminal defense lawyer to try and avoid a felony conviction in Oklahoma.

A deferred sentence in Oklahoma is a finding of guilt that does not result in a conviction. Instead, sentencing is set off for a later date or deferred.

A suspended sentence in Oklahoma is a conviction where the punishment or incarceration is set off pending completion of terms of probation.

Please see our page, Deferred Sentencing, for more information on deferred sentences in Oklahoma.  Additionally, visit the following two pages for more information on probation in Oklahoma State court criminal cases:

Seeking Probation in State Court

Understanding State Court Probation

 Your Fierce Advocates® at Cannon and Associates would be glad to meet with you and answer your questions about probation and the different types of sentences available in Oklahoma during a free case planning session.

Yes, you are always able to replace your criminal defense attorney with new counsel in Oklahoma. It is a difficult decision hiring the right OKC criminal defense attorney and sometimes you select an attorney that is not the right fit for you or the situation you are facing. You can always hire new defense counsel in your criminal case; however, your contract or fee agreement with previous counsel will impact what, if any, refund you receive from your original attorney. The fee agreements at Cannon and Associates include clearly stated fee milestones, which dictate what percentage of your retainer would be returned, if you decide you would like to go in a different direction with your defense.