Expungement Eligibility Expanded – New Oklahoma Laws 2019

More people will be eligible to have their arrests and cases expunged starting November 1, 2019. The two categories of people affected are individuals who have two nonviolent felony convictions and individuals convicted of a nonviolent felony that has subsequently been reclassified as a misdemeanor.

Two Nonviolent Felony Convictions

You will be eligible for an expungement if:

  • you were convicted of not more than two non-violent felonies,
  • you have not been convicted of any offense that requires you to be a registered sex offender,
  • no felony or misdemeanor charges are pending against the you, and
  • at least ten years have passed since the completion of the sentence for the felony conviction.

new oklahoma expungement law 2019Previously, it required a pardon by the governor to expunge up to two felonies. Note that the last requirement states that the wait must be since the “completion of the sentence for the felony conviction.” The law allows you to expunge two felonies, but the waiting period requirement refers only to a single felony. I would assume that they meant for the wait to be ten years since the last felony conviction. If it doesn’t, then it would result in weird outcomes. For example, you could have completed your sentence for a felony in county A three years ago and completed your sentence for felony in county B over ten years ago. Does this mean you can expunge the county B felony now because that’s the felony that you’re trying to expunge?

Also, I assume the intent of this change was to give people the ability to expunge two felonies. However, the use of the term “the felony conviction” indicates that only one felony can be expunged at a time. Currently, you can put as many cases that are eligible for expungement on a single petition if they occurred in the same county. Surely the intent of this law isn’t to make people do a separate petition for each felony if it’s in the same county.

Either way, this is not a huge change. There simply aren’t that many people who are eligible under this change, who know about this change, who have the means to pay for an expungement, and who even want to get this expunged. If the legislature is going to spend time updating the expungement laws, it should have also incorporated changes that applied to more people.

Note that this change won’t reinstate firearms rights. Someone who receives all felony cases expunged under this section will be considered a “hidden felon.” You can still be charged with possession of a firearm after felony conviction. Reinstatement of firearms rights requires a pardon by the governor.

Nonviolent Felony Reclassified as a Misdemeanor

You’ll be eligible for expungement if:

  • you were convicted of a nonviolent felony that was subsequently reclassified as a misdemeanor under Oklahoma law,
  • you are not currently serving a sentence for a crime in this state or another state,
  • at least 30 days have passed since the completion or commutation of the sentence for the crime that was reclassified as a misdemeanor,
  • any restitution ordered by the court to be paid has been satisfied in full, and
  • any treatment program ordered by the court has been successfully completed (including failure of a treatment program that resulted in an accelerated or revoked sentence that has since been successfully completed by you or you can show successful completion of a treatment program at a later date.

The purpose of this change is to make SQ 780 retroactive. It does–kinda. Unfortunately, this change is far different than the change proposed in the initial bill to make 780 retroactive. This new category of expungement eligibility actually requires someone to get a felony conviction first. This is especially weird considering nothing was done to account for people on felony deferred sentences for crimes that have subsequently been reclassified as a misdemeanor. To get a felony deferred sentence expunged, you have to wait five years after the case is dismissed. So for someone in that situation on a deferred sentence, it may be quicker to get the deferred sentence accelerated to a conviction, wait 30 days, then file for expungement. That would be ridiculous.

This change also refers to “a nonviolent felony offense.” Does this also mean you can only get one and only one of these felony cases expunged? What if someone has two separate felony cases that are just simple drug possession? Can they only get one expunged? If so, what’s the point of this law? Because it won’t help many people. If someone has a felony simple drug possession conviction, the chances are extremely high that they have more than just one. The point should be to get all felonies subsequently reduced to a misdemeanor off as many records as possible–not just one per person.

It’s unknown how this change will affect firearm rights. It’s likely that someone whose case is expunged under this provision will be considered a “hidden felon,” thus will not be able to legally possess a firearm.

Sources: SB 815, HB 1269, and 22 O.S. § 18

Current as of October 13, 2019.

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DUI Law Changes – IDAP- New Oklahoma Laws 2019

impaired driver accountability program oklahoma idapBig changes are coming to Oklahoma DUI laws in 2019! These changes involve what happens with the license of someone arrested for DUI.

The implied consent hearings with the Oklahoma Department of Public Safety (DPS) go away. Any challenge to a DUI arrest must be made in a District Court. A new program is created–the Impaired Driver Accountability Program (IDAP)–which incentivizes people to install an interlock. Mandatory interlock time is reduced. All these changes come from SB 712. This is probably the biggest change to Oklahoma DUI law in decades.

Any modifications addressed in these laws applies to Class D vehicles only–not commercial vehicles. The terms “revocation” and “suspension” are synonymous and also include the denial of driving privileges by DPS. The laws defining what constitutes a DUI in Oklahoma didn’t change.

I recently appeared on Fox 25 in OKC to discuss these changes.

What happens to my license after I get arrested for DUI in Oklahoma under the new law?

Someone arrested for DUI will have three choices:

  • Apply to the Impaired Driver Accountability Program (IDAP)
  • Challenge the stop and administration of the chemical test in a District Court
  • Do nothing

What happens to your license will depend on which of the above choices you make.

What is Oklahoma’s Impaired Driver Accountability Program (IDAP)?

Voted #2 DUI Attorney in OKC
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IDAP is essentially a diversion program within the Department of Public Safety designed to encourage people to install an interlock in their vehicle. What you need to know:

  • The arresting officer (or DPS in the case of a blood test) must give the arrestee a notice advising them of the availability of the IDAP.
  • DPS must receive your request for IDAP participation within 30 days from the date that “notice was given.” The “date notice was given” is the date the chemical test or acknowledgement of refusal was received. For a breath test or refusal, it’s the date of arrest (when the officer physically hands you the notice document). For a blood test, it’s 10 days after DPS mails the document to you.
  • You must pay $200 to DPS and provide DPS proof of interlock installation within 45 days of the date notice was given.
  • You can’t be otherwise ineligible for driving privileges on the date you enter the IDAP agreement.
  • You have to pay $50 to get a restricted driver’s license for the period you’re in IDAP. The restricted license will state that you’re only authorized to operate a vehicle that has an approved and properly functioning ignition interlock device installed. There’s still an exception for employer vehicles.
  • Your license doesn’t get revoked as a consequence of participating in IDAP.
  • There’s no reinstatement fee after successful completion of IDAP. You just go to a tag agency and get a new regular license.
  • The installation of an interlock will run concurrently with any court order for installation of an interlock for the same offense.

How long do I have to keep an interlock in my car under IDAP?

The minimum time an interlock must be installed in your vehicle:

  • First offense – six months
  • Second offense – 12 months
  • Third offense – 36 months

Note that there is no more “extra interlock time” pursuant to the Erin Swezey Act. That all goes away. Once you complete IDAP, you can drive with a normal license and without an interlock–regardless of whether you refused or how many times you’ve been arrested for DUI.

What if I commit an interlock violation while in IDAP?

  • Six month period – The program will be extended 60 days.
  • One-year period – The program will be extended 120 days.
  • Three-year period – The program will be extended one year.

What if I challenge the DUI stop or administration of the breath/blood test?

If you believe the DUI stop and/or arrest were improper, you can still challenge the DUI arrest. Instead of it being on the phone with a DPS hearing officer, all challenges must be filed in the district court of the county where the offense occurred. Note the following:

  • The appeal petition has to be filed within 30 days after the notice of revocation has been served on the arrestee.
  • The appeal must be set for a hearing 15-30 days from the date the petition is filed.
  • The court clerk  has to send a certified copy of the petition and order for hearing to DPS.
  • There’s no longer a $250 cash bond! Previously, an appeal to a district court of a DPS hearing required an extra $250 cash bond to be paid. This goes away.
  • If you lose the hearing, then your license gets revoked. If your license is revoked, then you have to get it reinstated after the revocation period. This involves paying a fee and submitting proof of the Alcohol and Drug Substance Abuse Course (ADSAC) completion. You may still appeal the loss in district court to the Court of Civil Appeals.
  • If you lose in district court, you may ask the court to order DPS to issue a modified license. They have to issue the order if you ask. The modified license will require the installation of an approved and working interlock during the revocation/suspension period.

What will the district court look at to determine whether my license should be suspended?

The hearing will cover whether the officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle on the public roads, highways, streets, turnpikes or other public place in Oklahoma while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance. It will also cover whether the person was placed under arrest.

If the revocation or denial is based upon a breath or blood test, the hearing will also cover whether:

  1. if timely requested by the person, the person was not denied a breath or blood test,
  2. the blood or breath specimen was obtained from the person within two hours of his or her arrest,
  3. a person under 21 was advised that driving privileges would be revoked or denied if the test result reflected the presence of any measurable quantity of alcohol (0.02 BAC),
  4. a person 21 or older was advised that driving privileges would be revoked or denied if the test result reflected an alcohol concentration of .08 or more, and
  5. the test result in fact reflects the alcohol concentration.

If the revocation or denial is based upon the refusal of the person to submit to a breath or blood test, the will also include whether:

  1. the person refused to submit to the test or tests, and
  2. the person was informed that driving privileges would be revoked or denied if the person refused to submit to any test.

How long is my license suspended if I lose the hearing in district court?

If you lose the hearing in district court, your license will be suspended accordingly:

  • First offense – six months
  • Second offense – 12 months
  • Third and subsequent offense – 36 months

Note that there is no more “extra interlock time” pursuant to the Erin Swezey Act. That all goes away. Once your license is reinstated, you can drive with a normal license and without an interlock–regardless of whether you refused or how many times you’ve been arrested for DUI.

What if I don’t do anything within 30 days of my arrest (or date of notice)?

If you don’t apply to IDAP or challenge the arrest in district court within 30 days of the arrest/notice, then your license will be revoked 30 days after your arrest/date you received notice. If you’re otherwise eligible for a modified license, DPS must issue you a modified license upon request for the six and 36-month periods. DPS may modify a license for the 12-month period. An interlock must be installed during the modification period. The periods of revocation and the amount of time an interlock must be installed are the same as if you lost the district court hearing:

  • First offense – six months
  • Second offense – 12 months
  • Third and subsequent offense – 36 months

The periods of revocation and periods of interlock installation will run concurrently. However, each must be for no less than the respective amount of time. This means that if you get a modified license two months into your six-month revocation, you still have to keep the interlock installed in your vehicle for a full six months. you can’t “wait out” part of any revocation period in order to get less interlock time. Therefore, you should get the interlock installed as close to the date your license is revoked.

If your license is revoked and you commit an interlock violation, your interlock period will be extended. You can’t commit any reportable violations within 180 days prior to the date of release

Can I both apply for IDAP and file an appeal in a district court?

Yes! There’s no requirement that you choose only one of those two options. You may do both, and it may be in your best interest to do both. For example, you may believe the officer didn’t follow the correct procedures when administering the breath test, but it may take more than 30 days to get the body cam video. In that situation, the best course of action may be to both apply to IDAP and file a challenge in district court. This buys you some more time to figure out if the challenge is truly the best course of action. And you also don’t give up your ability to participate in IDAP. Although this route is more expensive, it allows you to keep all of your options open.

Sources: SB 712 and 47 O.S. §§ 2-116, 6-204, 6-205, 6-205.1, 6-211, 6-212, 6-212.2, 6-212.5, 6-212.6, 11-902a, 751, 752, 753, 754, 754.1, & 754.2

Current as of October 7, 2019.

Charged with DUI in Oklahoma? Call OKC DUI attorney Frank Urbanic at 405-633-3420.

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Age of Consent & Statutory Rape Law in Oklahoma

A frequently asked question online is something like, “I’m X years old. Can I have sex with someone who is Y years old?”. The answer to this question requires a look at of Oklahoma’s age of consent, incest, and rape laws.

Age of Consent in Oklahoma

The age of consent in Oklahoma is 16. Therefore, it is generally legal for a 16-year-old to have sex with anyone older than them. Sex between people who are 15-17 years old is generally lawful. A variety of exceptions make that sex illegal.

Statutory Rape in Oklahoma

statutory rape charges oklahoma21 O.S. § 1111 states that rape occurs when the victim is 15 years old or younger. However, 21 O.S. § 1112 states that a person cannot be convicted of rape when the consensual sex occurred with someone over 14 unless the person was 18 years or older. 21 O.S. § 1111 also states that the following sex is also illegal:

  • Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim. Translation: No sex by government employees with someone who is under the custody of a governmental agency if that agency the employee works for exercises authority over the victim.
  • Where the victim is at least 16 years old and is less than 20 years old and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is 18 years old or older and is an employee of the same school system. Translation: A school employee who is 18 or older can’t have sex with a student in that same school system who is younger than 20.
  • Where the victim is 19 years old or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant. Translation: Foster parents can’t have sex with their foster children if the foster child is 19 or younger.
  • Where the victim is at least 16 years old but less than 18 years old and the perpetrator of the crime is a person responsible for the child’s health, safety or welfare. “Person responsible for a child’s health, safety or welfare” includes but is not limited to:
    • a parent,
    • a legal guardian,
    • custodian,
    • a foster parent,
    • a person 18 years old or older with whom the child’s parent cohabitates,
    • any other adult residing in the home of the child,
    • an agent or employee of a public or private residential home, institution, facility or day treatment program, or
    • an owner, operator or employee of a child care facility.

Incest in Oklahoma

Per 21 O.S. § 885, incest is illegal. 43 O.S. § 2 outlines the parameters of whom it would be illegal to have sex with. Sex between people of the following relation is illegal:

  • ancestors and descendants of any degree,
  • a stepfather with a stepdaughter,
  • stepmother with stepson,
  • uncles and nieces, except in cases where such relationship is only by marriage,
  • aunts and nephews, except in cases where such relationship is only by marriage,
  • brothers and sisters of the half as well as the whole blood, and
  • first cousins.

Have you been charged with rape or incest in Oklahoma? Call Oklahoma sex crimes attorney Frank Urbanic in OKC for a FREE consultation at 405-633-3420.

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Sources: 21 O.S. § 1111, 21 O.S. § 1112, 21 O.S. § 885, & 43 O.S. § 2

Read about updates to Oklahoma’s rape law in 2018

Current as of June 20, 2019.

Firearms in Churches – 2018 Oklahoma Laws #31

This new law strengthens the right to use a firearm in self defense. In this legislation, the Legislature expressly recognized the right to expect absolute safety within a place of worship. Places of worship may now establish policies regarding the possession of weapons on their property. HB 2632 amended 21 O.S. § 1289.25. It went into effect on November 1, 2018.  

 

When Deadly Force is Authorized Against an Intruder in Oklahoma

charged with firearm crime in oklahomaReferences to a “place of worship” were added to the statute. A person, regardless of official capacity or lack of official capacity, within a place of worship or a person, an owner, manager, or employee of a business is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself, herself, or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

  1. The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, occupied vehicle, place of business, or place of worship, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, occupied vehicle, place of business. or place of worship.
  2. The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred; or
  3. The person who uses defensive force knew or had a reasonable belief that the person against whom the defensive force was used entered or was attempting to enter into a dwelling, residence, occupied vehicle, place of business, or place of worship for the purpose of committing a forcible felony, and that the defensive force was necessary to prevent the commission of the forcible felony.

A “forcible felony” is any felony that involves the use or threat of physical force or violence against any person.  

 

When Deadly Force is Not Authorized Against an Intruder in Oklahoma

The presumption above doesn’t apply if:

  1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a protective order from domestic violence in effect or a written pretrial supervision order of no contact against that person;
  2. The person or persons sought to be removed are children or grandchildren, or are otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
  3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, occupied vehicle, place of business, or place of worship to further an unlawful activity.

 

Place of Worship in Oklahoma

The definition of a “place of worship” was added to the statute. It means any permanent building, structure, facility, or office space owned, leased, rented, or borrowed, on a full-time or temporary basis, when used for worship services, activities, and business of the congregation. This includes but is not limited to, churches, temples, synagogues, and mosques.

Sources: HB 2632 and 21 O.S. §§ 1289.25 & 733

Charged with a crime in Oklahoma? Call Oklahoma criminal defense lawyer Frank Urbanic in OKC at 405-633-3420.

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Marsy’s Law – 2018 Oklahoma Laws #30

On November 6, 2018, voters in Oklahoma passed Marsy’s Law (State Question 794). This constitutional amendment grants stronger constitutional rights for crime victims. It gives them more information and input during the criminal justice process. The goal of Marsy’s law is to ensure that crime victims have the same rights as the accused and convicted.

The entire text of Article 2 § 34 of the Oklahoma Constitution, which enumerates victim’s rights

marsy's law oklahomaTo secure justice and due process for victims throughout the criminal and juvenile justice systems, a victim of a crime shall have the following rights, which shall be protected by law in a manner no less vigorous than the rights afforded to the accused: to be treated with fairness and respect for the victim’s safety, dignity and privacy; upon request, to reasonable and timely notice of and to be present at all proceedings involving the criminal or delinquent conduct; to be heard in any proceeding involving release, plea, sentencing, disposition, parole and any proceeding during which a right of the victim is implicated; to reasonable protection; upon request, to reasonable notice of any release or escape of an accused; to refuse an interview or other request made by the accused or any person acting on behalf of the accused, other than a refusal to appear if subpoenaed by defense counsel; to full and timely restitution; to proceedings free from unreasonable delay and a prompt conclusion of the case; upon request, to confer with the attorney for the state; and to be informed of all rights enumerated in this section. The victim, the victim’s attorney or other lawful representative, or the attorney for the state upon request of the victim may assert in any trial or appellate court, or before any other authority with jurisdiction over the case, and have enforced the rights enumerated in this section and any other right afforded to the victim by law. The court or other authority with jurisdiction shall act promptly on such a request. This section does not create any cause of action for compensation or damages against the state, any political subdivision of the state, any officer, employee or agent of the state or of any of its political subdivisions, or any officer or employee of the court. As used in this section, a “victim” includes any person against whom the criminal offense or delinquent act is committed or who is directly and proximately harmed by the commission of the offense or act. The term “victim” does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor or incapacitated victim. The Legislature, or the people by initiative or referendum, has the authority to enact substantive and procedural laws to implement, preserve and protect the rights guaranteed to victims by this section. The enumeration in the Constitution of certain rights for victims shall not be construed to deny or disparage other rights guaranteed by the Legislature or retained by victims.

Future of Marsy’s Law in Oklahoma

On May 28, 2019 the Governor signed the legislation implementing the new constitutional provisions in Marsy’s Law. Those changes go into effect on November 1, 2019. I believe Marsy’s Law will slow down the criminal justice system. It tasks overworked DA’s offices with more responsibilities. I’ve already seen hearings get moved to a later date due to the failure to comply with Marsy’s Law. While the supporters of this law have good intentions, Oklahoma may suffer from the law of unintended consequences.

Sources: Article 2 § 34 of the Oklahoma Constitution, HB 1102, Marsy’s Law website, & article questioning benefits of Marsy’s Law

Charged with a crime in Oklahoma? Call Oklahoma criminal defense lawyer Frank Urbanic in OKC at 405-633-3420.

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Trespass on Farming and Ranching Property-2018 Oklahoma Laws #29

Trespassing oklahomaThe range of fine for willfully entering private land of another that is primarily devoted to farming, ranching, or forestry purposes without permission by the surface owner, surface lessee, hunting lessee, or lawful occupant of that land (trespassing) is now $750-$2,000. The previous range of fine is $500-$1500. The minimum fine for willfully or maliciously entering any land of another and then commits or attempts to commit waste, theft, or damage has been increased to $1,000. The previous range of fine was $250-$500. The minimum fine for a second or subsequent offense has been increased to $2,500. The previous range of fine was $700-$1,500. All of these offenses are misdemeanors. The range of punishment for all is 30 days-6 months in jail. This is an odd update to Oklahoma law in that it didn’t do a whole lot. The fines got bumped up a little on one crime, and it put a minimum (with no maximum?) fine on another crime. The fines weren’t even increased very much. HB 3370 amended 21 O.S. § 1835.2. It went into effect November 1, 2018. Sources: HB 3370 & 21 O.S. § 1835.2

Charged with a crime in Oklahoma? Call Oklahoma criminal defense lawyer Frank Urbanic in OKC at 405-633-3420.

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Real Roulette & Craps Legal-2018 Oklahoma Laws #28

It’s now legal to play craps with dice and roulette with balls. These games were previously legal, but they had to be played with something other than dice or a ball. Craps was typically played with the dealers turning cards over that had pictures of dice on them. An earlier version of this bill would have allowed sports betting was taken out of the bill.

The law specifically states that Oklahoma law does “not permit the operation of slot machines, house-banked card games, house-banked table games involving dice or roulette wheels, or games where winners are determined by the outcome of a sports contest.” Previously, dice games and roulette wheels were part of that list. “House-banked table games involving dice or roulette wheels” is new on that list. It’s interesting that the list includes “slot machines” since some casinos in Oklahoma have thousands of slot machines.

“Non-house-banked table games” means any table game, including but not limited to those table games involving a wheel, ball or dice, operated in a nonelectronic environment in which the tribe has no interest in the outcome of the game, including games played in tournament formats and games in which the tribe collects a fee from the player for participating, and all bets are placed in a common pool or pot from which all player winnings, prizes and direct costs are paid.

HB 3375 amended 3A O.S. §§ 262 & 280 and created 3A O.S. § 280.1. The changes went into effect August 2, 2018. Real craps and roulette became available in Oklahoma casinos as early as August, 2018.

Sources: HB 3375 and 3A O.S. §§ 262, 280, & 280.1; Oklahoman article; Casino.org article

Charged with a crime in Oklahoma? Call Oklahoma criminal defense lawyer Frank Urbanic in OKC at 405-633-3420.

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Trash Dumping-2018 Oklahoma Laws #27

oklahoma trash dumping crimeThis law increased the penalty for someone dumping an item that exceeds 50 lbs and increased the fine of a state traffic citation. It’s illegal to deliberately place, throw, drop, dumps deposit, or discard any garbage, trash, waste, rubbish, refuse, debris, or other deleterious substance on any public property or on any private property of another without consent of the property owner. This crime is a misdemeanor.

Penalty for Trash Dumping

The maximum punishment in the county jail is 30 days. The range of fine is $200-$5,000. A law enforcement officer may issue a state traffic citation to any person committing this violation. The maximum amount of that state traffic citation is $500. It used to be $400.

Trash Dumping Something Heavy

Now, if the item of furniture or item exceeds 50 pounds, the range of fine is $1,000-$6,500. The maximum punishment in the county jail becomes 60 days. HB 2702 amended 21 O.S. § 1761.1 It went into effect November 1, 2018. Sources: HB 2702 & 21 O.S. § 1761.1

Arrested in Oklahoma for trash dumping? Call Oklahoma criminal defense lawyer Frank Urbanic in OKC at 405-633-3420.

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Pretrial Release Authority For Special Judges-2018 Oklahoma Laws #26

Any county may establish and fund a pretrial program to be used by the district court in that jurisdiction. When a pretrial release program is established and private bail has not been furnished, the judge may order a person to be evaluated through the pretrial program. After conducting an evaluation of the person applying for pretrial release, the pretrial program will make a recommendation to the court. The recommendation will indicate any special supervisory conditions for pretrial release. The judge will consider the recommendations and may grant or deny pretrial release. The presiding judge of the judicial district may issue a standing order outlining criteria for cases that may automatically be evaluated for pretrial release by a pretrial program operating in the jurisdiction. The standing order may include amounts for bail and types of bonds deemed appropriate for certain offenses.

Who Isn’t Eligible For Pretrial Release

 Oklahoma judge pretrial releaseExcept as otherwise authorized by this law, people accused of or detained for any of the following offenses or conditions aren’t eligible for pretrial release by any pretrial program:

  1. Aggravated driving under the influence of an intoxicating substance;
  2. Any felony driving under the influence of an intoxicating substance;
  3. Any offense prohibited by the Trafficking In Illegal Drugs Act;
  4. Any person having a violent felony conviction within the past ten (10) years;
  5. Appeal bond;
  6. Arson in the first degree, including attempts to commit arson in the first degree;
  7. Assault and battery on a police officer;
  8. Bail jumping;
  9. Bribery of a public official;
  10. Burglary in the first or second degree;
  11. Civil contempt proceedings;
  12. Distribution of a controlled dangerous substance, including the sale or possession of a controlled dangerous substance with intent to distribute or conspiracy to distribute;
  13. Domestic abuse, domestic assault or domestic assault and battery with a dangerous weapon, or domestic assault and battery with a deadly weapon;
  14. Driving under the influence of intoxicating substance where property damage or personal injury occurs;
  15. Felony discharging a firearm from a vehicle;
  16. Felony sex offenses;
  17. Fugitive bond or a governor’s fugitive warrant;
  18. Immigration charges;
  19. Kidnapping;
  20. Juvenile or youthful offender detention;
  21. Manslaughter;
  22. Manufacture of a controlled dangerous substance;
  23. Murder in the first degree, including attempts or conspiracy to commit murder in the first degree;
  24. Murder in the second degree, including attempts or conspiracy to commit murder in the second degree;
  25. Negligent homicide;
  26. Out-of-county holds;
  27. Persons currently on pretrial release who are arrested on a new felony offense;
  28. Possession, manufacture, use, sale or delivery of an explosive device;
  29. Possession of a controlled dangerous substance on Schedule I or II of the Controlled Dangerous Substances Act;
  30. Possession of a firearm or other offensive weapon during the commission of a felony;
  31. Possession of a stolen vehicle;
  32. Rape in the first degree, including attempts to commit rape in the first degree;
  33. Rape in the second degree, including attempts to commit rape in the second degree;
  34. Robbery by force or fear; 
  35. Robbery with a firearm or dangerous weapon, including attempts to commit robbery with a firearm or dangerous weapon;
  36. Sexual assault or violent offenses against children;
  37. Shooting with intent to kill;
  38. Stalking or violation of a Victim Protection Order;
  39. Two or more prior felony convictions; or
  40. Unauthorized use of a motor vehicle.

Exceptions to Pretrial Release Rules

A person not eligible for pretrial release pursuant to above may be released upon order of a district judge, associate district judge, or–now–special judge under conditions prescribed by the judge. Said conditions may include an order to require the defendant, as a condition of pretrial release, to use or participate in any monitoring or testing including, but not limited to, a Global Positioning System (GPS) monitoring device and urinalysis testing. The court may further order the defendant to pay costs and expenses related to any supervision, monitoring, or testing.

Pretrial Services Programs

Every pretrial services program operating pursuant to these provisions must meet the following minimum criteria:

  1. The program must establish a procedure for screening and evaluating people who are detained or have been arrested for the alleged commission of a crime. The program must obtain criminal history records on detained persons through the National Crime Information Center (NCIC). The information obtained from the screening and evaluation process must be submitted in a written report without unnecessary delay to the judge who is assigned to hear pretrial release applications when the person is eligible for pretrial release;
  2. The program must provide reliable information to the judge relating to the person applying for pretrial release so a reasonable decision can be made concerning the amount and type of bail appropriate for pretrial release. The information provided must be based upon facts relating to the person’s risk of danger to the community and the risk of failure to appear for court; and
  3. The program must make all reasonable attempts to provide the court with information appropriate to each person considered for pretrial release.

A pretrial program may provide different methods and levels of community-based supervision to meet any court-ordered conditions of release. The program may use existing supervision methods for persons who are released prior to trial. Pretrial programs which employ peace officers certified by the Council on Law Enforcement Education and Training (CLEET) are authorized to enforce court-ordered conditions of release.

Each pretrial program must provide a quarterly report to the presiding judge of the judicial district of the jurisdiction in which it operates. A copy of the report will be filed of record with the court clerk of the jurisdiction. The report will include, but is not limited to:

  1. The total number of people screened, evaluated or otherwise considered for pretrial release;
  2. The total number and nature of recommendations made;
  3. The number of people admitted to pretrial release that failed to appear; and
  4. Any other information deemed appropriate by the reporting judicial district or that the program desires to report.

Every pretrial release program must use the services of local providers; provided, however, any program in continuous existence since July 1, 1999, is exempt from this rule.  

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Vulnerable Adult Abuse, Neglect, & Exploitation Report-2018 Oklahoma Laws #25

elder abuse oklahomaOn or before January 1, 2019, the Oklahoma Office of the Attorney General will promulgate and maintain the Vulnerable Adult Abuse, Neglect and Exploitation Report. It will be accessible to the public on the internet. It’s currently in pdf format. The report will include a list of defendants who have been prosecuted by the Office of the Attorney General and have been found guilty by a court of law for abuse, exploitation, or neglect of elderly or vulnerable adults in the preceding 12 months. The report will be provided to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate on an annual basis beginning January 31, 2019. The report must include, but is not limited to:
  1. The name of the defendant;
  2. The crime for which the defendant was convicted;
  3. A description of the findings of abuse, neglect or exploitation by the Office of the Attorney General, including the circumstances surrounding the abuse;
  4. The date of conviction or the date that a plea of guilty or nolo contendere was accepted by the court;
  5. The relationship of the defendant to the victim; and
  6. The county where the offense or offenses occurred.
Here’s the page where this report is located. This is the 2018 annual report. HB 3064 created 43A O.S. § 10-111.1. It went into effect November 1, 2018. Sources: HB 3064 & 43A O.S. § 10-111.1

Arrested in Oklahoma for elder abuse? Call Oklahoma elder abuse lawyer Frank Urbanic in OKC at 405-633-3420.

Don’t panic! Call Urbanic.® 405-633-3420