Oklahoma State Crimes Defense Lawyer


At Cannon & Associates, we are here to guide you or your loved one through the specific process applicable to your criminal case. Every type of criminal charge in Oklahoma has its own particular challenges and opportunities to reduce the consequences in the outcome of your case. It is our primary goal to obtain a dismissal for every client, regardless of the charge. However, the opportunity and best strategy to obtain a dismissal depends on a number of facts particular to each case.
In any Oklahoma criminal case we are unable to obtain a dismissal, our strategy to seek dismissal can easily be adjusted to fight for the best possible outcome for our client either through mitigating the circumstances or building a plan to our client’s Better Future. Whether you’re facing a DUI, drug charges, domestic violence, or any other criminal case, we have the experience and knowledge to fight for the best possible result, which we hope will be a dismissal of all charges.
Don’t face the criminal justice system alone, you wouldn’t try to treat a medical condition without a doctor, so why face losing your freedom without an experienced criminal defense.
Contact Cannon & Associates today for a free case strategy session. Let us answer your specific questions and help you understand the legal process, whether you decided to work with us or not. Call us at 405-657-2323 to discuss your case and learn about your options.
What to Know about Oklahoma State Crimes
Oklahoma state crimes are prosecuted by assistant district attorneys and are alleged violations of state laws in Oklahoma. State crimes can vary widely from state to state but capture every type of criminal action that is not specifically identified by federal law, include the most common offenses: DUI, theft, assault, drug possession, drug trafficking, domestic violence, forgery, burglary, firearm charges, murder, and hundreds of other offenses.
Each state has its own criminal code that outlines the elements of specific crimes, the penalties for those crimes, and the legal procedures for prosecuting them. In Oklahoma the majority of criminal offenses are listed in Title 21 – Crimes and Punishment and the procedure for criminal prosecution and defense is found in Title 22 – Criminal Procedure. Oklahoma has many other Titles (large categories of laws) that address more specific offenses, such as Title 47 – Motor Vehicles, address the majority of DUI and drunk driving offense; Title 63 – Public Health and Safety addresses the majority of drug offenses, including Drug Trafficking, Possession with Intent to Distribute, and Possession of Drugs.
Our nation’s laws, specifically the Supremacy Clause and Dual Federalism, have created a system where the vast majority of criminal offenses are to be prosecuted at the state level, except for specific federal offenses. In this day and age there are a massive number of federal criminal offenses and Indian Territory prosecution under McGirt; however, the vast majority of criminal prosecution still occurs at the state level.
In Oklahoma there are criminal statues to address every imaginable criminal offense. However, the vast majority of crimes fall into one of the following categories or subcategories of offenses:
- Alcohol Related Offenses:
- Driving under the Influence of Alcohol (DUI)
- Aggravated Driving under the Influence of Alcohol (Aggravated DUI)
- Actual Physical Control of a Vehicle while Intoxicated (APC)
- Driving while Impaired (DWI)
- DUI with a minor in the vehicle
- DUI with great bodily injury
- Vehicular Manslaughter or DUI Manslaughter
- DUI Murder
- Drug Offenses:
- Misdemeanor possession of controlled dangerous substances (Possession CDS)
- Drug Trafficking
- Aggravated Drug Trafficking
- Possession with Intent to Distribute (PWI)
- Manufacturing illegal drugs
- Prescription drug fraud and misuse
- Driving under the Influence of Drugs (DUI-D)
- White-Collar Crimes:
- Fraud, including wire fraud
- Forgery
- Vehicle theft, Unauthorized Use of a Motor Vehicle, or joyriding
- Embezzlement and misappropriation of funds
- Money Laundering
- Identity theft
- Tax evasion and financial crimes
- Violent Crimes:
- Assault and battery, including aggravated assault
- Arson
- Burglary
- Domestic violence, kidnapping, and stalking
- Armed robbery and burglary
- Rape and Sexual Assault
- Possession of a Firearm after former felony conviction
- Child Sexual Assault and Child Molestation
- Homicide, including first degree murder and second-degree murder
- Sexual assault and aggravated sexual assault
DUI, drug offenses, and domestic violence cases in Oklahoma vary significantly in severity. Charges can range from minor misdemeanors to serious felonies based on the nature of the offense and in domestic violence and DUI cases, your prior record.
Firearms offenses cover a range of illegal activities, including the unlawful possession and use of guns and ammunition. Both state and federal firearms laws require experienced criminal defense to help you achieve the best possible outcome in firearm defense.
Why You Need a Criminal Defense Attorney
Hiring an experienced criminal defense firm is necessary when facing criminal prosecution in Oklahoma. As stated above, you would go to a medical professional if you were sick; it is just as important to work with an experienced Oklahoma criminal defense attorney if your freedom is at stake. Many individuals mistakenly believe that pleading guilty is their only option when facing criminal charges, but this is far from the truth. Our criminal defense lawyers at Cannon & Associates begin every case by seeking dismissal for our clients. We will work for the best possible outcome in your case, if we are unable to get your case dismissed.
As a leading Oklahoma criminal defense firm, we possess a deep understanding of specific laws and practices that can significantly impact your defense strategy. Our team is devoted to criminal defense in Oklahoma, ensuring that we are well-versed in local court rules, prosecutors, and best practices in Oklahoma criminal defense. Our initial goal in EVERY CASE IS DISMISSAL. However, if we are unable to obtain a dismissal for our clients we will use the work fighting your case to obtain the best outcome possible.
The Legal Process for State Crimes
The legal process for state crimes in Oklahoma is complex, involving several critical steps that vary based upon the specific charges in your case. Understanding each phase is essential for anyone facing criminal charges, highlighting the importance of having experienced legal representation. Here’s a generalized breakdown of the process for the majority of state crimes in Oklahoma:
- investigation by Law Enforcement:
- Law enforcement agencies begin the process by gathering evidence and interviewing witnesses. This stage may involve search warrants, surveillance, and forensic analysis to establish probable cause for an arrest. We have been able to assist many clients in this Pre-Charge Defense phase by contacting investigators and in some instances witnesses to ensure we present our client’s story in the best light possible to the decisionmaker in the case, which enables some of our clients to avoid criminal charges altogether.
- Arrest and Probable Cause Affidavit:
- Once sufficient evidence is collected, officers submit a Probable Cause Affidavit to justify the arrest. This document outlines the reasons for believing the suspect committed the crime, which is crucial for proceeding with legal actions. Our criminal defense attorneys and criminal defense team can assist you or your family in the process of self-surrendering to law enforcement and/or bonding out of custody.
- Initial Appearance Before a Judge:
- After an arrest, the defendant makes an initial court appearance. For in custody defendants, the judge evaluates detention suitability and sets bond conditions, ensuring the defendant’s rights are upheld. For out of custody defendants, it is a first opportunity to impress the Court by acting respectful and appearing with an experienced criminal defense attorney.
- Arraignment:
- At the arraignment, a defendant is formally informed of the criminal charges against them. They have the opportunity to enter a plea of not guilty, setting the stage for the criminal process to begin with clarity on the specific charges in your case.
- Discovery Process:
- Both the defense and prosecution exchange evidence and witness lists. This stage ensures that both parties are aware of the evidence in the case. This is the phase of the case where Your Fierce Advocates at Cannon & Associates seek a path for dismissal of your case. We use the evidence in your case to see if the government will be unable to prove your case or whether the cops violated your rights which may lead to suppression of evidence, potentially excluding evidence necessary for the government to maintain its prosecution.
- Negotiations
- Our first goal in every case is dismissal. However, if we are unable to obtain a dismissal for our client we will help them obtain the best possible plea offer from the government to consider prior to deciding whether they will take their case to trial or not. The majority of criminal cases at the state level are resolved by agreement, either dismissal or by plea negotiations. Our criminal defense team will work with you and your family to identify a powerful narrative to seek the best resolution possible in your case, if you want to enter a plea bargain.
- Pre-Trial Motions and Hearings:
- Pre-trial motions may be filed to challenge evidence, dismiss charges, or request specific court actions. These hearings are vital for shaping the direction of the trial and establishing the admissibility of evidence.
- Jury Selection (Voir Dire):
- If the case proceeds to trial, a jury is selected through a process called Voir Dire. This involves questioning potential jurors to ensure impartiality and suitability for the case. One of the most important parts of fighting for clients is educating the jury about potential issues and considerations before they hear any evidence. Jury selection in state criminal court proceedings provides a unique opportunity to connect to jurors and educate them on issues relevant to our client’s case before they hear evidence.
- Jury Trial:
- The trial commences with opening statements from both sides. The prosecution presents its case first, followed by the defense. Each side has the opportunity to cross-examine witnesses and present evidence. We are passionate about telling our client’s story through questions and the evidence we present in court.
- Jury Deliberation and Verdict:
- Not guilty is our goal in every case we take to jury trial. After closing arguments, the jury deliberates to reach a verdict. The state must prove guilt beyond a reasonable doubt, with jury sizes differing based on the severity of the charges: six members for misdemeanors and twelve for felonies.
- Sentencing:
- It is our goal in every criminal client’s case to obtain an acquittal or not guilty verdict, if we take their case to trial. However, if convicted, the jury will recommend a sentence for the judge to consider at formal sentencing, which takes place at a later date. Sentencing considers various factors, including the nature of the crime and the defendant’s criminal history.
- Appeal Process:
- Convicted individuals have the right to appeal their case through the Oklahoma Court of Criminal Appeals. This process involves reviewing the trial for legal errors that may have affected the verdict.
Going through these steps requires skilled legal help to make sure everything in the case is handled right and that the defendant’s rights are kept safe during the process.
Free Case Strategy Sessions
At Cannon & Associates, our Case Strategy Sessions are designed by our Founder, John P. Cannon, to help clients understand their legal situation, their options, and the criminal process in their case. We focus on providing straightforward guidance tailored to each client’s specific needs, ensuring they feel informed and confident about the steps ahead.
These sessions are more than just an initial meeting; they involve the opportunity to ask your most pressing questions and get clarity on the road ahead in your defense.
At Cannon & Associates, we believe in empowering our clients by involving them in the planning of their defense strategy. Our Case Strategy Sessions are designed to foster a sense of partnership and trust, ensuring clients have a clear path forward.
Building Your Defense Strategy
Building a defense strategy requires meticulous preparation and hard work. One of the first steps in preparing an effective defense is gathering independent evidence to counter the prosecution’s case. Our team is unique in that we have a full-time investigator on staff to help us in fighting our client’s cases by identifying weaknesses and weaknesses in the government’s case. We also are the only criminal law firm in Oklahoma with a mock courtroom in our office, which we use regularly to give clients the opportunity to see a live presentation of the government’s case and to practice testifying in court.
In addition to gathering evidence, a comprehensive defense strategy involves understanding the nuances of criminal law and the specific charges faced by the defendant. This includes analyzing the elements of the alleged crime, exploring potential defenses, and considering any mitigating factors that could influence the outcome. A skilled criminal defense attorney will also evaluate the possibility of negotiating a plea bargain, which can result in reduced charges or lighter sentencing.
A defense strategy often involves leveraging expert witnesses who can provide specialized knowledge or insights that challenge the prosecution’s narrative. These experts can range from forensic analysts to medical professionals, depending on the case’s requirements. By presenting a well-rounded defense, the attorney aims to create reasonable doubt in the minds of the jury or negotiate favorable terms with the prosecution.
Keeping the client informed about the legal process, potential results, and strategic decisions ensures that they are actively involved in their defense. This collaborative approach not only empowers the client but also strengthens the overall defense. The goal of a robust defense strategy is to protect the client’s rights, challenge the prosecution’s case, and achieve the best possible outcome, whether through acquittal, reduced charges, or a favorable plea agreement.
Defending Firearms Offenses
Firearms offenses in Oklahoma cover a broad range of activities, from illegal possession to the improper use of weapons. These charges can lead to severe penalties, including significant jail time and fines.
When defending against firearms charges, our legal team carefully reviews all the evidence, focusing on any mistakes or violations of constitutional rights during the arrest or investigation. We check if law enforcement followed the right procedures, like obtaining necessary search warrants, and challenge any illegal searches or seizures.
Our defense plans are tailored to each case, whether it involves accusations of having a firearm without a license, using a weapon during a crime, or breaking federal gun laws. We aim to protect our client’s legal rights and work towards the best possible outcomes.
Domestic Violence Defense
In Oklahoma, domestic abuse is classified as any act of physical harm or threat against an intimate partner or family member. This includes spousal abuse, child abuse, and elder abuse. Domestic violence charges can range from misdemeanors punishable by a year in jail to felonies carrying up to ten years in prison, depending on prior offenses and the severity of the case.
Oklahoma law mandates police to arrest for domestic abuse if a victim shows visible signs of injury, even if the event was not witnessed. Additionally, violating a protective order can escalate from a misdemeanor on the first offense to a felony for subsequent violations.
However, after the emotions clear many of these alleged domestic violence situations feel blown out of proportion by our clients and their loved ones. We strive to identify a plan to foster a healthier relationship and get both parties out of the criminal justice system as soon as possible, hopefully by dismissal of all domestic violence criminal charges.
At Cannon & Associates, we focus on making the defense process clear and effective for those facing domestic violence charges:
- Detailed Case Review: We start by carefully looking at all parts of the case, including evidence, police reports, and witness statements, to find any gaps or issues in the prosecution’s case.
- Questioning Evidence: Our defense lawyers check if the evidence was collected legally. We challenge any evidence obtained through illegal searches or without proper warrants to weaken the case against our client.
- Understanding Protective Orders: We guide our clients in dealing with protective orders, explaining their rights and what they need to do. If accused of breaking a protective order, we work hard to defend against these claims.
- Handling False Accusations: False claims of domestic violence can have serious effects. We focus on finding the truth and presenting proof that supports our client’s innocence, aiming to reduce or dismiss the charges.
- Negotiating and Plea Deals: When a trial might not be the best choice, we look at options for negotiating or making plea deals. We aim to get the best result, whether it’s reduced charges or alternative sentences.
- Trial Defense: If the case goes to trial, our skilled trial lawyers defend our clients strongly, ensuring their side of the story is clearly presented to the jury.
- Support Services: We also connect clients with counseling and support services to help them through the legal and emotional challenges they face.
At Cannon & Associates, we are committed to defending those accused of domestic violence, focusing on protecting their future and legal rights.
Drug Trafficking Cases
At Cannon & Associates, we help clients facing drug trafficking charges with clear and straightforward legal support. Our team handles a variety of drug-related cases, knowing how serious these charges can be, including the risk of long jail sentences and heavy fines. We are committed to building strong defense plans that fit your specific needs.
Types of Drug Trafficking Cases We Handle
Our criminal defense lawyers deal with different kinds of drug trafficking cases, such as:
- Interstate Drug Trafficking: Cases where illegal drugs are moved across state lines, often involving both state and federal courts.
- Manufacturing and Distribution: Charges related to making and selling illegal drugs can lead to severe penalties.
- Conspiracy Charges: Situations where people are accused of working with others to traffic drugs, requiring careful investigation.
- Possession with Intent to Distribute: When someone is found with a large amount of drugs, suggesting they plan to sell them.
Our approach begins with a thorough review of your case, examining all evidence and witness statements to identify any weaknesses in the prosecution’s case. We meticulously evaluate the legality of the evidence collection process, challenging any evidence obtained unlawfully to strengthen your defense.
In exploring potential outcomes, we consider plea deals that might result in reduced charges or lighter sentences, always striving for the best possible result on your behalf. If your case proceeds to trial, our seasoned trial lawyers are prepared to vigorously defend your rights, presenting a compelling narrative to the jury that reflects your side of the story.
Many drug trafficking charges in Oklahoma are as a result of an unwitting victim driving a vehicle for someone in an drug trafficking organized for a small fee without knowledge of the contents of the vehicle. This arrangement is typically called mulling or the driver is considered a drug mule. The worst scenario occurs when the driver is unaware they had illegal items in their vehicle and they are caught facing serious drug trafficking charges and potentially a lengthy prison sentence. Our team seeks dismissal in these cases first, then mitigation to reduce charges or the consequences as a second option.
Throughout the entire legal process, we ensure that you receive comprehensive guidance and unwavering support. Our goal is to keep you informed and confident in your defense strategy, making sure you understand each step and feel empowered in your legal journey.
Expungement and Clearing Your Record
Expungement offers individuals a fresh start by clearing their criminal record. Those who have completed a deferred sentence or served time can file a petition for expungement after the applicable waiting period, allowing them to move forward without the burden of a criminal past. This process can significantly enhance employment, education, and housing opportunities by removing criminal records from public access.
Our Oklahoma expungement attorneys work diligently to mitigate the long-term consequences of a criminal record, ensuring our clients can pursue a brighter future free from past mistakes.
How Cannon & Associates Can Help You
Cannon & Associates offers extensive criminal defense through our entire team and strategy sessions where the entire team evaluates your case, not only your assigned criminal defense attorney. Our focus is on providing tailored legal support to address the specific needs of each client, ensuring a comprehensive defense strategy that considers all aspects of their case.
Our primary goal at Cannon & Associates is dismissal of charges in every case. This page is a very brief overview of our team approach to seeking dismissal for every client in every case type. However, when you or your loved one work with us we will build a tailored plan to seek dismissal for them or the best outcome possible, if we are unable to obtain a dismissal.
In the case of prior offenses an expungement can significantly enhance opportunities for employment, education, and housing by removing criminal records from public access. Individuals who have had their records expunged are legally allowed to deny having a criminal record, empowering them to move forward positively.
If you or someone you know is facing criminal charges in Oklahoma, don’t face it alone. Contact Cannon & Associates, Your Fierce Advocates. Our team of Oklahoma criminal defense attorneys is here to protect your rights and help you achieve the best possible outcome in your case. Call us now at 405-657-2323 for a free case strategy session and take the first step to secure your future.