News

For a very brief time, our DUI statute gave prosecutors the discretion to not use a prior DUI to enhance the punishment on a subsequent DUI. The discretion in this statute was removed when HB 2643 went into effect on April 23, 2018. This discretion was in our DUI law from November 1, 2016-April 23, 2018. Enhancements possible under our DUI law: Second DUI is a felony … [Read more...] about DUI Law Changes – 2018 Oklahoma Laws #14

This law removes the posting of a bond as a rebuttable presumption that the defendant is not indigent. Now, if a defendant is admitted to bail and the defendant, or another person on behalf of the defendant, posts a bond (other than by personal recognizance) the court may consider that in determining whether the defendant is eligible for a public defender/OIDS appointed … [Read more...] about Easier To Get A Public Defender – 2018 Oklahoma Laws #13

Big changes in sentencing in Oklahoma regarding: sentence modification, payment plans, mandatory minimums, community sentencing, domestic violence, suspended sentences, and deferred sentences. SB 689 was part of a package of criminal justice reform bills aimed at reducing the prison population and easing the burden on defendants. It went into effect November 1, … [Read more...] about Sentencing Reform – 2018 Oklahoma Laws #12

This change eliminated the mandatory minimum for Second Degree Burglary and created Third Degree Burglary. SB 786 amended 21 O.S. §§ 1435 and 1436. It went into effect November 1, 2018 The definition and punishment range of Burglary in the First Degree remained the same. Burglary in the Second Degree is now the following: Breaking and entering the dwelling house of … [Read more...] about Burglary Crimes Modified – 2018 Oklahoma Laws #11

It's now easier to expunge a felony in Oklahoma. Previously, a pardon was required. Now, an individual who has a single non-violent felony conviction can get that felony expunged without a pardon. Note that the expungement does NOT restore firearm rights! The person will be considered a "hidden felon." They can legally state that they have never been convicted of a felony, but … [Read more...] about Expunge Felony Without A Pardon – 2018 Oklahoma Laws #10