Tulsa Oklahoma Application to Revoke Probation or Application to Accelerate Probation

Applications to Revoke Probation or

Applications to Accelerate Probation in Oklahoma

by Glen R. Graham, Tulsa Criminal Defense Attorney, http://www.glenrgraham.com/ or Telephone: (918) 583-4621

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What is the difference between an application to revoke probation and an application to accelerate probation under Oklahoma law. An application to revoke probation may filed in a matter involving a suspended sentence and an application to accelerate probation may be filed in a matter involving a deferred sentence. Normally, the prosecutor files an application when the defendant is alleged to have violated probation in some manner. The most common reasons are any one or more of the following:

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1. Failure to do all of the work hours or community service hours;

2. Failure to report to the probation officer;

3. Failure or repeated testing positive for illegal drugs (without a prescription);

4. Moving without notifying the probation officer of the new address;

5. Failure to pay the monthly probation fees;

6. Failure to pay restitution (when there are damages involved) to the restitution office not fines. I have never seen an application to revoke/accelerate for failure to pay fines. That is usually done by a warrant for failure to pay fines.

7. The most serious is the commission of a new offense, either misdemeanor or felony.

8. There are multiple other possibilities --- such as violation of any one of the rules of probation.

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If the defendant is in custody on an application to revoke/accelerate probation, the court is required to set a hearing within twenty (20) days unless the defendant waives the right to a speedy hearing on the matter. Most defendants waive the right to a speedy hearing on the matter in order to get the case passed off as long as possible. There is a saying, any day a case gets passed is like a "temporary acquittal" because the defendant when out on bond is still free and the punishment has been temporarily avoided. In theory, if the defendant has a drug problem, then by passing the case, the defendant can obtain drug treatment. If the defendant has work days to complete then the defendant can try to complete the work days. If the defendant owes restitution, then the defendant can try to pay restitution.

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Typically, the defendant will post a bond and then appear in court and obtain additional time to hire a lawyer. Once the lawyer is hired, then the matter is scheduled for a hearing. Some times a plea bargain is worked out where the defendant agrees to confess the application or admit the truth of the violations to the court and get the sentencing passed for the defendant to come into compliance with what-ever he or she did not do. For instance, the court may require the defendant to complete more work hours or community service hours and to pay all restitution that is owed and to complete drug treatment or to possibly serve some time in jail depending upon what kind of violations, how many violations, how serious the violations and the like. Each case is different and it depends upon a multiple number of factors and too many different factors to list them all here.

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You should always consult an attorney in person and not just on the telephone. Would you ask for a medical diagnoses for serious medical problems from your doctor over the telephone? Why would you even consider asking a lawyer for his advice about serious legal problems over the telephone? Obtaining a legal prescription for your serious legal problems by talking over the telephone is extremely impersonal and unprofessional when you are talking to someone who you do not have a relationship to and where there is no commitment and no eye contact. Anyone can say anything over the telephone and it might be correct and it might not be correct. You should schedule an appointment to talk to a lawyer in person to discuss serious legal issues and not just call them up over the telephone trying to "punk" them for free comforting words. Comforting words can come freely over the telephone but you probably want to here the truth and not just soothing words that quiet your fears and make you feel good. The truth can hurt but it is always better to hear the truth than a lie that just makes you feel good.

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Sometimes the defendant commits a new offense or even the same offense for which the defendant is on probation for at the time. Each case is different. There are a multitude of factors that a court may consider so you should consult a lawyer in person to discuss all of the factors and options in the case. See the below blog or previous blog for more information concerning those possibilities.

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A hearing on an application to revoke or accelerate probation is a hearing where the standard of proof is "more likely than not" and not beyond a reasonable doubt. It is usually a summary type proceeding and the court has discretion on what kind of sentence to impose. It is possible for the court to pass sentencing for the defendant to come in compliance or to complete a treatment program. The court can impose sanctions such as requiring the defendant to complete a period of time at a private prison such as Avalon or require the defendant to compete some weekends in jail or complete a drug treatment program. Each case is different and it depends on a multitude of factors, too numerous to list here.

Arrested for a New Offense While on Probation - What May Happen?

Arrested While on Probation - What May Happen?

by Glen R. Graham, Tulsa Criminal Defense Attorney, http://www.glenrgraham.com/

"Look into my crystal ball, now tell me what you see . . . "
The short answer is that it all depends. You should consult with a lawyer in person to determine which possibility is more likely under the specific facts of your case.

It depends upon too many factors to list them all here. However, a short list includes: where the offense occurred, what type of probation, who the sentencing judge is and what are the judges policies and the prosecutor's policies, what is the new offense and what was the old offense, and the prior record, and all of the circumstances, including the probability of being convicted or not being convicted on the new offense.

A big, big, big issue is the probability of being convicted or not being convicted on the new offense and that is the most difficult thing to "predict." Look into my crystal ball and tell me what you see . . . Each case is different so you have to schedule an appointment to discuss all of the facts with a lawyer in person and not just over the telephone. Would you ask a medical doctor to diagnose you over the telephone? Why do people think that lawyers can provide accurate predictions or diagnoses for their legal problems over the telephone and worse, why do some lawyers try to "predict" the future and provide diagnoses over the telephone?


If you are on probation for a drug charge or a driving under the influence charge in Tulsa County and you get arrested for the same type of charge, for example, possession of controlled drug 2nd offense or driving under the influence 2nd offense, either of those charges may be filed as a felony if it is the second offense, (although some drug offenses are a felony on the 1st offense and some are not), depending on what happened on the first offense. An exception would be if you were on a deferred sentence for the first offense, then the second offense would still be a misdemeanor because the first offense was a deferred sentence. Another exception, although rare, is if the defendant is on probation in a city municipal court instead of the Tulsa County or State court, then there is a possibility that the second offense would be filed as a misdemeanor because the first offense was in the municipal court instead of the County Court House or County court.

Most of the time a person is on probation for either a drug charge or a driving under the influence charge and then sometimes they are re-arrested for the same offense that they are on probation for and then they ask ---- what is going to happen. The short answer is that it all depends.

There are multiple possibilities and you absolutely should schedule an appointment and sit down and discuss the possibilities with a lawyer in person. You can call my office to schedule an appointment unless you are already represented by a lawyer.

One possibility is drug court on drug offenses or DUI court on driving under the influence offenses. Drug Court and/or DUI court are treatment oriented programs usually for someone that is a repeat offender and has a substance abuse problem. It is an alternative to incarceration. The person hires a lawyer to represent them and then the lawyer helps the person file an "application" for drug court or dui court with the court and prosecutor. The court schedules an initial hearing to make a determination if the person qualifies. The prosecutor reviews the person's prior criminal record and law enforcement record and any other factors which might have a bearing on the matter. On a case by case basis, the prosecutor may agree to allow the person to apply to drug/dui court or may object the the person applying to drug/dui court. Some of the factors includes --- prior criminal record, violent or non-violent, type of offense - possession with intent or simple possession, gang associations or non-gang associations, circumstances of the offense, various other factors. The person can present documentation and/or arguments to attempt to persuade the prosecutor or the prosecutorial authorities, but ultimately, the prosecutor has the final say. The theory is that the "diversion" program exists because of a contract signed by the prosecutor and the Judges agreeing that the prosecutor has discretion to deny acceptance into the program. Various appeals have been taken on this issue and generally the appellate courts have upheld prosecutorial discretion over the defense arguments for expansion or review of the prosecutorial discretion. On a case by case basis, it is possible to appeal internally in the prosecutor's office and to present new information or supplemental information to attempt to obtain reconsideration. Most often the court will advise the defendant to consider application to the community sentencing court or to appeal for leniency through other alternative treatment programs such as Avalon and other private treatment programs.

If the prosecutor agrees to accept the person into drug court or dui court then the court will require an assessment to be completed by the court approved assessor which costs about $200 dollars and takes about one or two weeks. The assessment is to determine if the person can benefit from DUI/Drug court and if the person admits they have a problem or denies they have a problem and if the person requires the treatment program. If the person denies a treatment problem or if the assessor determines that the would not benefit from the treatment program, then they will be denied admission into drug court or dui court.

Another possibility is that in place of attempting to get into drug court or dui court, the defendant can attempt to fight the case by setting the matter for an issue preliminary hearing. The defendant may want to challenge the search and seizure and the arrest in the new case. The defendant can request a preliminary hearing and the court will schedule a hearing on the matter. In place of attempting application to drug/dui court the defendant can attempt to fight the case.

Typically, after some period of time, a warrant will be issued for an application to revoke probation and the police will arrest the defendant on the warrant for the probation violation. The court usually does not wait for the defendant to be convicted of the new offense to arrest the defendant on the warrant. However, there is a certain amount of unpredictability about when the court will issue the warrant on the application to revoke probation. Sometimes the warrant is not issued for a month or two and typically on the day of the preliminary hearing, then the defendant will be arrested on the warrant for the application to revoke.

The bond on the application to revoke can be high or it may be set at about $5,000 to $10,000 and sometimes even higher. A general rule is usually about $5,000 dollars to about $10,000 dollars in most cases. But, a bond of $15,000 or $25,000 dollars is not unheard of either. A defendant would normally pay about 10% of the bond amount to a bondsman to get out of jail or set up payments with the bondsman.

A smart defendant would ask their lawyer to file a "motion for bond reduction" prior to posting a bond on the warrant. Sometimes the case can be worked out without having to post the new bond.

Some Judge's have a policy of scheduling a fast hearing on an application to revoke probation and other Judge's will wait till after the new case gets in front of them. A lot of this depends upon the individual Judge and the policies of that Judge and the type of case and the unique facts of the case. Each case is different.

What about other types of criminal offenses?

Once again, it all depends. The best thing to do is to schedule an appointment with a lawyer and discuss all of the details about the unique facts of your case and what the options might be in your case.

For instance, if you were on a "deferred" sentence for a burglary case and you were re-arrested for a misdemeanor dui offense, then there are multiple possibilities.

One alternative is that if you were guilty of the dui offense, then the court could convert the deferred sentence to a suspended sentence which would be probation with a felony conviction and would hamper your ability to obtain certain jobs in the future because it would then become a felony conviction that stays on your criminal record for at least ten (10) years or more. Some defendant's even agree to this alternative to avoid doing a short jail sentence even though it results in a felony conviction. However, depending upon all of the facts, some judge's or prosecutor's may require a jail sentence and a conversion of the deferred sentence to a suspended sentence. There is a certain amount of unpredictability because each judge and each prosecutor is different and there are a multitude of factors that they might consider or different policy concerns. If you get a felony conviction for a non-violent offense, then there is a procedure where you can attempt to "seal" (remove from public view) a non-violent criminal conviction but it requires that you wait a whole ten (10) years. If you can keep the deferred sentence so that you do not have a felony conviction and so that you can have a possibility of getting a good paying job in the future and so that at the end of the deferred sentence your case is dismissed and expunged by keeping the "deferred sentence" even if you have to do a short jail or short period of incarceration, it would be worth it in the long run to keep the "deferred sentence.

Another possibility is that your lawyer can attempt to work out an arrangement or plea bargain with the prosecutor that allows you to keep the deferred sentence which means at the end of your deferred sentence then the conviction is expunged so you might still be able to get a good paying job in the future without a "felony conviction." There are a multitude of possibilities and the prosecutor does not have to agree to allow you one of these possibilities but your lawyer can argue for alternative on your behalf and can attempt to get the Judge to consider these alternatives.

Sometimes the prosecutor may agree to some kind of week-end incarceration or in some cases to go to a regimented inmate discipline program for people under the age of 25 years . The RID program is from about six (6) months up to one (1) year and is generally limited to the first prison incarceration. You would be brought back to court and if you did well then the court could allow you to be put back on the "deferred" sentence and allow you to keep it off your record.

Another possibility is that the court could allow you to go to some kind of "in-patient" treatment program through one of the multiple drug and alcohol treatment programs that are located through-out the state and set a review date for you to return to court. Most of them have a waiting list to attempt to get into them.

Another possibility is that the court could allow you to go to a private prison program such as Avalon which is located at Archer and Denver Avenue in Tulsa which requires that you live there for six (6) months to one (1) year and you pay to stay there at a rate of about $175 per week and you are allowed to go to work each day and you check in at night and they perform random urine tests and require treatment.

If the offense that you are on probation for is a felony offense and you are re-arrested for a felony offense, some times the court may require you to serve your sentence or part of your sentence in custody and then give you probation for the balance of your sentence.

If the new case is a domestic violence assault and battery case and the victim fails to co-operate with the prosecutor, then it is possible that the new case may get dismissed at some point in time, if the victim fails to testify or fails to co-operate with the prosecutor in the case.

Each case is different and it depends upon all of the facts of your case and you absolutely should schedule an appointment with a Good Tulsa Criminal Defense Attorney --- my number to schedule an appointment is (918) 583-4621 and my name is Glen R. Graham, Tulsa Criminal Attorney.

Peak Oil, Inflation, Crime, and Socio-Economic Aspects of Life

Predictions of the dire consequences that may beset society upon oil production reaching it's peak rate and suggestions about the socio-economic aspects and effects on everyday life have been written about by many other people. "Peak oil" has been compared to looking in the rear view mirror and then saying "oh, that was peak oil." There are suggestions that society becomes complacent after oil prices decline and return to "old habits" and seem to forget about high oil prices. Oil production and prices fluctuate and people seem to forget.

Theorists have proposed that peak oil would occur or has occurred in 1995, 2007, 2020, and similar time periods. It seems like some people determine peak oil by looking in the rear view mirror. Some theorize that alternatives to oil may delay peak oil chaos and if those alternative are fully developed then it may be avoided completely.

What does this have to do with crime? If society norms and standards break down due to peak oil chaos then crime escalates and disorder results. Peak oil chaos can cause the destruction of the society.

Why have the "think tanks" and scholars failed to develop sufficient alternatives to oil so that "peak oil chaos" can be avoided. Perhaps they have but have failed to sufficiently market the ideas or to explain the importance of avoiding future chaos by present development. However, there are some progressive thinkers who have attempted to market their ideas: http://www.pickensplan.com and some people are proposing alternatives to petroleum or oil based products: alternative ecological friendly non-petroleum asphalt, also known as bioasphalt, a local Tulsa Asphalt Paver and Repair Contractor has written about this at: http://www.tulsaasphaltcontractor.com/id65.html and http://www.tulsaasphaltcontractor.com/index.html and so have other people.

There have been many suggestions to develop alternatives to inefficient fuel consuming vehicles. I was writing about problems with inefficient over-sized vehicles over 4 years ago and it still doesn't make sense why "leaders" fail to lead. Too often, it's as if leadership has to come from the bottom up. It's like business people and politicians are more "reactive" to public pressure and instead of leading us, the public has to lead them.

Why has our political and business leadership failed us? Where are the think tanks and scholars to devise alternatives and suggest real solutions and to provide ideas for solid solutions to avoid a future of peak oil chaos.

Tulsa Jail Information and Tulsa Bail Bond Information

Tulsa Jail Information and Tulsa Bail Bond Information
By Glen R. Graham, Tulsa Criminal Defense Attorney http://www.glenrgraham.com

To find out the bond amount and to find out if someone is in the Tulsa City County Jail or the David Moss Correctional Facility at 300 North Denver Ave., Tulsa, Oklahoma, the easiest and quickest way is to click on this link:
http://iic.tulsacounty.org/Home.aspx and then follow the instructions. Enter the defendant’s name and it will tell you the charges, the amount of the bond, and the next court date.
A good Tulsa Bail Bondsman or Tulsa Bail Bonds is A Bargain Bail Bonds at http://www.abargainbailbonds.com They are on corner of Archer and Denver - close to the Tulsa Jail.

To find out the Tulsa jail visitation hours and for information about leaving money on someone’s inmate trust account click on this link: http://www.iic.tulsacounty.org/FAQs.aspx

To determine which pod inside the jail the inmate is located in to match up the visitation schedule , first you have to click on the previous link above to determine the inmate’s pod number like J-1 or F-3 or such.

Telephone number to the Tulsa City County Jail is: (918) 596-8900 OR (918) 596-8933. You usually have to call back repeatedly and wait for the telephone to ring about five to ten times and it usually takes a long, long time for them to answer the telephone, so it is easier to click on the links or call a good Tulsa criminal defense attorney and a good Tulsa bail bondsman or to just click on the links in this article.

There is a new technology where Tulsa jail inmates can use Touch Pay to bond out using their credit cards. It is a machine in the Tulsa Jail that takes credit cards. However, a smart inmate might be a lot better off paying a bondsman only ten percent of the bond instead of posting the whole bond on a credit card. Ten percent of a bond of $5,000 dollars is only $500 to a bondsman. However, posting a whole $5,000 dollar bond on a credit card could involve significant interest and penalties in addition to tying up $5,000 dollars.

Most bondsman accept payments if you do not have a credit card. Most bondsman accept credit cards and the amount required to pay a bondsman on a credit card is only ten (10%) per cent of the bond amount instead of the whole bond amount.

One good thing is that anyone can also use Touch Pay to add money to the inmates accounts for items they want which are sold at the jail.

Initially, when someone is booked into jail, they are usually given a pre-set bond amount based upon the type of charge or in some cases the assigned judge reviews the officer’s probable cause affidavit and then sets a bond. Under the current system, the court is required to review the probable cause for holding the defendant within about 48 hours by reviewing the probable cause affidavit and then setting a bond or ordering the defendant released if there is insufficient probable cause to hold the defendant. Each case is different and it makes a difference depending upon the type of charges and the defendant’s prior criminal record if any.

By hiring a good Tulsa Criminal Defense Attorney it is possible to have a hearing on a motion for a bond reduction within 24 hours after filing the motion as long as it is filed before 12 noon. A hearing on a motion for bond reduction is normally heard at 3:00 p.m. on the next court day as long as the motion is filed before 12 noon and the order is signed setting it for a hearing before 12 noon because the state is entitled to 24 hours notice before the bond hearing.

On misdemeanor cases, it may be possible to get a bond hearing quicker by contacting the assigned prosecutor and if possible getting the assigned prosecutor to appear before the assigned misdemeanor judge for a ruling upon it.

In most cases, it is usually possible to obtain a Tulsa bail bond reduction by hiring a good Tulsa criminal defense lawyer attorney and getting documentation and sufficient information to obtain a bond reduction. It is helpful to have a copy of the officer’s probable cause affidavit when the same can be obtained. Proof of employment, letters of support, statement from parties, favorable statement from the victim when possible, and any other relevant information.

It is possible to verify any city of Tulsa or Tulsa County warrants that may be active by checking the web site for Tulsa warrants at: http://www.tulsapolice.org/warrants/default.asp Enter the last name and click enter and then cursor down until you find the right person’s first name.

Common Warrant Types:
1234567 Six or seven numbers is a Tulsa Municipal Court warrant
CM A Tulsa County District Court misdemeanor warrant
CF A Tulsa County District Court felony warrant
Note: CF warrant may be for Failure to Pay or Failure to Appear on a felony charge and may not be considered a felony warrant even though the original listed charge is a felony.

It is possible to check out the person’s available public Oklahoma criminal record at the web site for the State of Oklahoma court system at: http://www.oscn.net/ Click on “court dockets” at the top. On the next page, on the left hand center, click on “search dockets.”

Finally, on the next page, cursor down to last name and enter it. Put in the first name or the first few letters and use the percent sign to cover all variations such as --- Su% to cover both Susan or Sue or Susanne.

Tulsa's Alternative Courts: Tulsa Drug Court, Tulsa DUI Court, Tulsa Mental Health Court, Tulsa Community Sentencing Court, Tulsa AAP Court

About Tulsa Drug Court, Tulsa DUI Court, Tulsa Mental Health Court, Tulsa Community Sentencing Court, Tulsa Accelerated Accountability Procedure (AAP) Court by Glen R. Graham, Web Page http://www.glenrgraham.com
Tulsa Criminal Defense Attorney, Director Best Lawyers of Oklahoma, Tulsa, Oklahoma
Phone: (918) 583-4621 or email glengraham@icu.net

Application to Tulsa Drug Court and Tulsa Mental Health Court posted at http://www.glenrgraham.com/id63.html

Over the years, the court system in Tulsa County has evolved and adapted to changing times and circumstances. Historically, Oklahoma has had a high rate of incarceration. In 2006, Oklahoma lead the nation in the rate of incarceration for female offenders. In response to public and political pressure and budgetary issues, the Oklahoma court system has evolved and developed alternative sentencing procedures and alternative courts to handle alternatives to incarceration.

The costs of incarceration versus the costs of alternatives to incarceration are significant enough to cause people to consider alternatives to building expensive prisons. Some people began searching for alternatives to incarceration even though the prison industrial complex offers financial incentives for private prisons and financial incentives for certain depressed areas.

As technology continues to advance, other alternatives to incarceration have begun to appear and to be in use in some of the alternative court programs in Tulsa County. The DUI-Drug court routinely requires either a scram (which is worn like an ankle bracelet and continuously measures perspiration for alcohol) or a telephone sobrietor monitoring system (which is attached to the telephone and when the person breathes into the machine it sends a signal as to the results). Also, there is often a requirement that an inter-lock alcohol breath testing device be installed in any vehicle in which the participant may operate. A global position monitoring system (GPS) is also available in appropriate cases. The technological progress and advancements are continuing to provide a multitude of less expensive means of supervising people without expensive prison costs.

It is only a matter of time until someone develops mobile electronic drug testing devices. See research at http://www.criminology.fsu.edu/journal/ They could would work on the same or similar principles to the scram or telephone sobrietor and car interlock testing devices.

The Tulsa DUI court and the Tulsa Drug court, basically run along the same basic model. It is limited to felony offenses, and normally repeat offenders or offenders that may be looking at possible incarceration and the alternative court is an alternative to incarceration. It is a “treatment” approach whereby the offender if they qualify and if the prosecutor agrees, can obtain treatment under strict guidelines and close court supervision. It is a four or five stage process. Initially, the offender is required to attend 3-4 AA or NA meetings per week, random UA’s, a counseling session, and make one court appearance per week for review before the Judge. After several weeks the offender will progress to the next stage and so on. Upon completion of the program at the end of about 18 months, then the offender is placed on probation and will see a probation officer for a period of time. It is not unusual for an offender to relapse and to require inpatient treatment several times. The Drug court and DUI court is a treatment oriented program and relapse and treatment are typical. After about 18 months, if the offender is unable to complete the program, there may be a motion to terminate filed by the prosecutor seeking to incarcerate the offender for failing to comply. A hearing may be held where the court will take testimony and make a decision about whether to terminate, incarcerate, or pass sentencing one more time for the offender to complete the program. At some point, which is usually after about 18-36 months, the offender will run out of time to complete the program.

The Tulsa County mental health court for criminal offenses is a new program and one of the first in the nation and the funding is severely limited at this time, so that means there may be a limited number of openings and that some people may be turned down. There may be some people that are on the borderline or that are marginally qualified but they may be turned down because of a limited number of openings and severe funding limitations.

The Tulsa County mental health court for criminal offenses is for non-violent offenders who suffer from some kind of severe mental illness. It is modeled along the same lines as the drug-dui court. The offender must have a non-violent offense and a non-violent background to qualify. The District Attorney makes the initial determination if the offender will be considered acceptable for the “mental health court.” The offender will be subject to an initial mental health assessment by the court approved assessor. If the offender does not qualify, the court may reject the offender. If the offender qualifies, then the offender has a treatment provider and a counselor and is required to make regular court appearances.

The Tulsa Community Sentencing Court which is also called the Tulsa Accelerated Accountability Procedure Court (AAP) offers an alternative for non-violent offenders to expedite their case through the court system. The offender is typically a non-violent offender and the prosecutor will review the case to see if the offender qualifies for admission into the AAP court.

The offender will be required to complete a Level of Services Inventory (LSI) which is an assessment to determine what the needs of the offender are and what level of services may be required. If the offender qualifies in the moderate range which is a point system, then the offender may qualify to be approved for a community sentence. A community sentence is probation with a community sentencing officer as the probation officer. The community sentencing officer is supposed to help the offender find the services in the community and to supervise the offender. If the offender relapses or violates the community sentencing rules, the offender may be “sanctioned” by requiring treatment or about 10 days in jail. If the offender continues to violate the rules or has a serious rule violation such as a new offense, then the offender faces the possibility of the revocation of the probation and the possibility of being sentenced to prison. A community sentence is better than regular probation in that like it sounds is an alternative to prison and attempts to find services in the community to meet the needs of the offender instead of prison.

If the offender scores in the high point range on the Level of Service Inventory (LSI) then the offender may be placed on probation through the Department of Corrections but the offender will not be on a community sentence. The supervision by the Department of Corrections is more law enforcement oriented and less community sentencing oriented. Some would analogize it to being on probation with a law enforcement supervisor instead of a community sentencing –social-psychologist –type supervisor. A community sentence probation can be better for the offender and for society in the long run because of the attempts to achieve real change and the attempts to find help for the offender in the community. Unfortunately, for some reason, some offenders fail to take advantage of all of the services and all of the help that is offered by a community sentence. In theory, if the offender qualifies, some of the services may be subsidized and the offender would not have to pay for everything themselves (in theory).

By Glen R. Graham, Tulsa Criminal Defense Lawyer, my email glengraham@icu.net Web Page http://www.glenrgraham.com

Prior Juvenile Convictions Without a Jury Trial Questioned

The "injustice anywhere" blogger has returned to blogging from the Washington public defenders office and she presents some interesting arguments from a trial lawyer's perceptive, ground level, of practical experiences in the court system. Interesting blog about the importance of a jury trial which can result in a not guilty verdict. She questions some juvenile convictions where the juvenile did not have a right to a jury trial and where some prosecutors and courts may attempt to use the prior conviction against them even though they did not have an effective right to a jury trial in the case. Good point. See: Injustice Anywhere . . .: Why Just Having the Right to a Jury Trial Matters

I agree with her argument.

Practical Advice for Anyone Accused of a Crime

Practical Advice for Anyone Accused of a Crime
By Glen R. Graham, Tulsa Criminal Defense Attorney
(918) 583-4621 http://www.glenrgraham.com

Some people would assume that everyone knows these things and that they are common sense. But, when a person is under stress and not thinking too clearly, they might not do the things that they should to protect their rights to a fair trial.

The first thing anyone accused of a crime should do is consult with a knowledgeable attorney.

I would tell you to keep your mouth shut and not to discuss your case with anyone because they can become a witness against you --- even involuntarily --- if the prosecutor subpoena’s them to testify. Do not bring your family into my office to discuss the facts of your case in their presence because they may become subject to an involuntary subpoena by the prosecutor at a later time.

Do not voluntarily give any statements to any police officers, law enforcement officers, government agents, neighbors, jail house inmates, guards, or anyone else. Your lawyer is the only person you should talk to about your case. Be extremely careful.

I would tell you that all telephone calls from the jail are recorded and that all letters and correspondence in and out of the jail is xeroxed and copies made and saved for use against the defendant at trial.

I would tell you that if you are charged with an Oklahoma DUI or APC or drunk driving offense that you have only 15 days from the date of your arrest to request a hearing to attempt to save your driver’s license and that this is also a way for a lawyer to hear the testimony of the witness, by requesting a timely administrative hearing within 15 days of the date of arrest.

I would advise you that if there are any video tapes of the incident that you only have a limited amount of time to request a copy of the same if they are at a private business and that these tapes are not normally saved forever. The same is true of cell phone records, there may be time limits involved, and so do it immediately.

I would advise you that you could consider having an independent blood, hair, urine test performed for drugs. Some tests (hair) are considered accurate for up to 90 days or longer and some are accurate for very, very short periods of time - like urine tests.

I would advise you that witnesses have a way of disappearing, especially if they are defense witnesses. For some reason, defense witnesses tend to decide not to testify or to change their testimony.
The best thing to do is to consider having the witness write out a brief statement of what they saw and have them sign it to commit them to one story.

Sometimes, it is a good idea to have your lawyer hire a private investigator. However, each case is different and this may not be necessary. Some private investigators are former police officers and some may feel pressure to do their jobs in an efficient manner consistent with justice. Each case is different and hiring a private investigator is something that should be carefully considered. There is a stronger argument for work-product privilege if the attorney hires the investigator instead of the defendant. To be safe, it is always best to have the attorney hire any private investigator to be sure that all work is privileged.

Do not dress like a “person who committed the crime” when you appear in court. If you are accused of drug dealing, do not dress like a drug dealer. If you are accused of any other type of crime, do not dress like a person who would commit that type of crime.

In the really big cases, assume that your telephone calls are being recorded. Police have been known to obtain a court order allowing them to place a bug in the home, business, or on the telephone. Cell phone records can be obtained which will show what phone numbers were called and the location of the nearest cell phone tower. Some police have been known to place a global position system (GPS) monitor on to the motor vehicle of the defendant and then to track their movements with a lap top computer. Some mount with a magnet. They are sold online.

Your computer and your email--- are records --- and may tell on you. Do not write anything that can be used against you. Do not use search engines for terms that could be interpreted as implicating you in a crime.

Assume the worst, and prepare for the best. Gather the names and addresses of any witnesses. Talk to an experienced criminal defense lawyer about what actions to take to protect your rights to a fair trial.

Fair trials do not magically just happen. You will have to work to obtain a fair trial. We have an adversary system. It is the state or government versus fellow human being - you. You should hire the best, most experienced, criminal defense lawyer in your area to protect your right to a fair trial. Consider hiring your own private lie detector expert to administer a private lie detector test. Although they are not admissible in evidence, you might consider using it, if you pass, to push the prosecutor to drop charges in a weak case. Never agree to a lie detector administered at the request of the state without prior agreement of your lawyer. You should want your lawyer present for any test. Some lie detector tests are used to obtain confessions or to discredit your story. Example: Have you ever lied about anything? Have you ever taken anything without permission? So, you are a liar and and thief, right? "No" - you say. You might be human, but that is not what they asked you.

Yours in the Defense of Fellow Human Beings,

Glen R. Graham, Tulsa Criminal Defense Attorney, Tulsa, Oklahoma
(918) 583-4621 Email: glengraham@icu.net

My Favorite Law Blogs

My Favorite Law Blogs - Top Lawyers in America and Others
By Glen R. Graham, Tulsa Criminal Attorney, Tulsa, Oklahoma
Email me: glengraham@icu.net

The law related blogs which I read the most and I like to post responses to their blogs are listed here:

The Top Trial Warriors and Top Civil Lawyers, Trial Consultants, Lawyers and Non-Lawyers, and the Best Criminal Defense Lawyers in America:

Blog of Gerry Spence - Top American Trial Lawyer

Jon Katz - Maryland Criminal Defense Attorney

Jon Katz - Virginia Criminal Defense Attorney

Mark Bennett - Houston Criminal Defense Attorney Blog

Scott Greenfield - New York Criminal Defense Attorney

Kevin Mahoney - Massachusetts Criminal Defense Attorney

David Tarrell - Omaha Nebraska - In the Moment

John Bryan - West Virginia Criminal Defense Blog

Gideon - Public Defender Blog

Brian Tannebaum - Miami Florida Criminal Defense Blog,

Randy England - Missouri Criminal Defense Blog

Professor Volokh (Calif.) Legal Blog

Texas Grit's for Breakfast Blog

Professor Simon's (Calif) Governing through Crime Blog

Professor Berman's Blog (Ohio) - Sentencing Law and Policy

Ann Reed - Jury Deliberations Blog

Jamie Spencer's Austin Criminal Defense Blog

SCOTUS Blog

Personal Blog by Terry Hull

Shawn Matlock - Dallas Texas Criminal Defense Attorney Blog

Stephen C. Smith – Maine Criminal Defense Attorney – Sex Offender Blog

and if Clarence Darrow had had a blog I would be reading it.

Yours in the Defense of Fellow Human Beings,

Glen R. Graham, Tulsa Criminal Attorney, Tulsa, Oklahoma
My web profile: http://www.glenrgraham.com

Left anyone out: Post your suggestions.

Jury Voir Dire Question About Medications

In a recent story in the news, from the National Law Journal, story about jurors taking medications, is about some jury consultants and lawyers now asking some general medical questions to potential jurors:

“Please raise your hand when you answer the following question, and we will ask the court to allow you to discuss this matter privately in a side bar ---- Is there anyone on this jury who is taking any medications which might affect their jury service, please raise your hand?

It has been argued that this could be controversial due to the privacy provisions of various federal laws dealing with confidential health matters. The Federal Health Insurance Portability and Accountability Act limits questions about private health matters and there are legitimate concerns about maintaining individual rights to privacy. Seldom do lawyers object on behalf of juror’s rights to privacy and usually the issue is over-looked.

The National Law Journal articles speculates that over 50 per cent of the potential jurors are prescribed some kind of medication and that the many people over 40 years of age are on some kind of medication.

The article says that at a recent Florida Bar annual conference, at a session entitled "Juiced Jurors," SunWolf, an associate professor at Santa Clara University, passed around full-page drug ads torn from magazines listing a myriad of side effects for such drugs as Viagra, Claritin and Valium. The side effects can interfere with a jurors' ability to sit and concentrate during long trials, it quotes SunWolf. She urged lawyers to use the information to bounce jurors.

Some jury consultants consider it controversial to ask about medications because it could result in the elimination of too many potential jurors and can result in some jurors withholding information and other jurors using it as an excuse not to serve.

Some lawyers consider using the medication question targeted at jurors they don’t want to serve as jurors.

Ann Reed, trial lawyer who writes a blog, Jury Deliberations Blog, shies away from asking jurors about medications because too many jurors would be excused or use it as an excuse not to serve.

In various appeals around the country, the issue of juror use of medications continues to be raised as an error, but it is usually unsuccessful. In a 2007 Cleveland murder case, a juror was excused after it came to light that he was not taking his medication for mental illness and he fell asleep. See: Ohio v. Lorenzo Collins, No. CR-06-482881-A (Cuyahoga Co. Ct. of Common Pleas 2007).

In a Georgia murder case, the defendant argued on appeal that the verdict should be overturned partially because one of the jurors was asleep during the trial. The trial court declined to excuse the juror or ask what medication was taking. The Georgia Supreme Court upheld the conviction in Smith v. State, No. SO8A0018 (Sup. Ct. Ga.).

In a 2003 Michigan case, a defendant’s conviction for possession of marijuana was upheld despite a complaint that a juror failed to disclose that she need anxiety medication and a police officer was sent to retrieve it during the trial. The failure of defense lawyers to request a mistrial was held to have waived the error, if any. See, Michigan v. Bradley Scott Lasco, No. 239278 (Mich. Ct. of Appeals).

Yours in the Defense of Fellow Human Beings,

Glen R. Graham, Tulsa Criminal Defense Lawyer, Tulsa, Oklahoma
My Profile: http://www.glenrgraham.com

Police Lying or Testilying and Institutional Complacency

Police Lying or Testilying and Complacency

by Glen R. Graham, Tulsa Criminal Defense Attorney, http://www.tulsacriminaldefenses.com or email: glengraham@icu.net

Mark Bennett, Houston Texas Criminal Defense Lawyer, in his blog on testilying describes the "everyday incidents" of police officers lying in court. The same has been recognized for years by many criminal defense lawyers in America. Defense lawyers from Irving Younger to Alan Dershowitz to even on occasion a judge or police officer have openly admitted that from time to time, police officers lie in court.

Irving Younger has said: "Every lawyer who practices in the criminal courts knows that police perjury is commonplace.;” "[T]he policeman is as likely to be indicted for perjury by his co‑worker, the prosecutor, as he is to be struck down by thunderbolts from an avenging heaven." Irving Younger, The Perjury Routine, The Nation, May 8, 1967, at 596‑97.

See Alan M. Dershowitz, Controlling the Cops; Accomplices to Perjury, N.Y. Times, May 2, 1994, at A17 ("I have seen trial judges pretend to believe officers whose testimony is contradicted by common sense, documentary evidence and even unambiguous tape recordings.... Some judges refuse to close their eyes to perjury, but they are the rare exception to the rule of blindness, deafness and muteness that guides the vast majority of judges and prosecutors.");

See, Commission to Investigate Allegations of Police Corruption and the Anti‑ Corruption Procedures of the Police Dep't, City of New York, Commission Report 36 (1994) (Milton Mollen, Chair) [hereinafter Mollen Report] wherein it stated: "Several officers also told us that the practice of police falsification in connection with such arrests is so common in certain precincts that it has spawned its own word: 'testilying."

Why are prosecutors and some judges willing to ignore police officers lying? Professor Jay Silver says: "The institutional tendency to tolerate police perjury likely stems from the prosecutor's interest in maintaining smooth working relations with police, who gather the government's evidence and are often its most important witnesses at trial, and from the prosecutor's own competitive drive to win and to advance professionally." Jay S. Silver, Truth, Justice, and the American Way: The Case Against the Client Perjury Rules, 47 Vand. L. Rev. 339, 358 n.75 (1994).

As stated by Professor Slobogin, herein below in the his law review, paraphrasizing:
----police lying intended to convict someone, whether thought to be guilty or innocent, is wrong because it diminishes ‑‑ trust in government. Police perjury damages the credibility of police testimony. The loss of police credibility on the stand diminishes law enforcement's effectiveness in the streets. To the extent other actors, such as prosecutors and judges, are perceived to be ignoring or condoning police perjury, the loss of public trust may extend beyond law enforcement to the criminal justice system generally. See, below, professor Slobogin's law review.

So, what can the criminal defense lawyer do ? Some have suggested web sites in which the citizen can post complaints about police officers. Others have suggested, video taping the officers and weeding out the bad officers. Some suggest polygraph tests of the police officer and the citizen. Polygraphs may not be admitted in a criminal case but they might be considered in a labor dispute, internal affairs matter, and in some disciplinary proceedings. Some people may consider the results of the polygraph even if they are not admissible in the criminal case in chief.

Others have suggested having the officer present the so-called "anonymous" informant to the judge, especially, upon request of the judge, when the officer seeks search warrants. A judge should have the authority to require the disclosure of information concerning bogus anonymous informants and to require their appearance before the judge in chambers before the issuance of search warrants.

It has also been proposed that an independent lay witness should be allowed to accompany the police officers during the service of a search warrant. In India this is called the panch system.

What kinds of cross examination questions can the defense lawyer attempt to ask the police officer:

Officer what is “testilying”?

Officer, do you know the name of any officers in your department who have received any discipline for testilying?

Officer do you know of any officer in your department who has ever being prosecuted, fired, or convicted for testilying?

Officer would you be willing to submit to a lie detector test administered by an independent lie detector administrator?

Officer what is the “code of silence” between fellow police officers?

Officer, do you agree that a police officer being indicted for perjury by his co worker, the prosecutor, is about as likely as being struck down by thunderbolts?

Officer, do you know the name of any police officer in your department who has ever received a promotion or positive reward for breaking the "code of silence" against fellow police officers?

Some of the following ideas are from "Reform the Police" by Christopher Slobogin, University of Colorado Law Review (Fall 1996), cite as: 67 U.Colo.L.Rev. 1037 (1996).

Lying to convict the innocent is undoubtedly rejected by most police, as well as by others, as immoral and unjustifiable. In contrast, lying intended to convict the guilty‑‑in particular, lying to evade the consequences of the exclusionary rule ‑‑ is so common and so accepted in some jurisdictions that the police themselves have come up with a name for it: "testilying." See, Commission to Investigate Allegations of Police Corruption and the Anti‑ Corruption Procedures of the Police Dep't, City of New York, Commission Report 36 (1994) (Milton Mollen, Chair) [hereinafter Mollen Report] ("Several officers also told us that the practice of police falsification in connection with such arrests is so common in certain precincts that it has spawned its own word: 'testilying."').

Police perjury sometimes occurs in connection with the police reports. Although not technically testimony, police know these reports may be dispositive in a case resolved through plea bargaining, and can be compared to testimony in cases that aren't. As a result, "reportilying" also appears to be pervasive in some jurisdictions. The Mollen Commission, for instance, described how narcotics police "falsify arrest papers to make it appear as if an arrest that actually occurred inside a building [in violation of departmental regulations] took place on the street." Professor Stanley Fisher has also documented prolific use of the "double filing" system, in which the official police file forwarded to the prosecution and provided to the defense is cleansed of exculpatory facts or possible impeachment evidence.

Prosecutors put up with perjury because they need a good working relationship with the police to make their cases.

Additionally, at bottom, some prosecutors probably agree with the police that the end justifies the means. To the extent judges ignore obvious perjury, it is probably for the same reasons attributable to the prosecutor: sympathy for the police officer's ultimate goal and, as Professor Morgan Cloud put it, "tact"‑‑the fact that "[j]udges simply do not like to call other government officials liars‑‑especially those who appear regularly in court." Morgan Cloud, The Dirty Little Secret, 43 Emory L.J. 1311, 1323‑24 (1994).

Officers should be commended and promoted for their efforts to prevent testilying. The rewards would have to be significant to break the code of silence followed by the police. The challenge is there to try to correct this problem.
What will you do?

Yours in the Defense of Fellow Human Beings,
Glen R. Graham, Attorney at Law, Tulsa Criminal Defense Lawyer, Tulsa, Oklahoma

Different Kinds of Lawyers: Trial Lawyer vs. the Poser Who Seldom Goes to Trial

Different Kinds of Lawyers: Trial Lawyer (Warrior)
and the "Poser" Who Seldom Goes to Trial by Glen R. Graham, Tulsa Criminal Defense Lawyer (918) 583-4621
Email: glengraham@icu.net

What is the difference between a lawyer who goes to trial on cases and a lawyer who pleads everyone out based on a plea bargain without a trial?

Over the 21 years that I have been practicing law, I have observed different kinds of criminal lawyers, some are the "real deal" - a genuine criminal trial lawyer --- warrior --- capable of going to trial on a case and winning it. Some are lawyers who seldom go to trial on the case. Some are just businessmen --- out to make a fast buck by pleading the defendant "guilty" and almost never going to trial on the case.

There are some lawyers who just withdraw from the case when they find out the client will not accept some kind of plea bargain in the case. Then the client is forced to scramble at the last minute to look for the "real" deal --- a genuine trial lawyer.

Why did the "poser" lawyer who seldom goes to trial on the case even accept the client's money to begin with if they never intend to fight the case?

Sometimes, it boils down to the plea bargain lawyer's idea deep within his heart --- something like he thinks everyone is guilty and should plea bargain, and he does not respect the jury system.

Why do some lawyers fail to advise the client from the very beginning of the case --- hey --- this is a case that may go to trial and you will have to borrow the money to pay a lawyer sufficient money to go to trial on the case or the lawyer will withdraw?

What is the lawyer afraid of? Are there some lawyers that just don't know how to do an effective job at a jury trial? Are there some lawyers who never go to trial on a case?

A defendant has an absolute right to a jury trial. A defendant should have an absolute right to competent --- effective assistance of counsel.

Ultimately, it is a buyer beware world. You might want to check your lawyer out before you hire him. Ask him how he feels about doing a jury trial in your case and look him in the eye and shake his hand. You can learn a lot by asking a few more questions of the lawyer.

Master Trial Lawyer - Warrior, Gerry Spence, Invites You To Visit His Blog

Master trial lawyer - warrior, Gerry Spence, has started his blog, began July 15, 2008, and has invited everyone to visit his blog:

http://gerryspence.wordpress.com/

"The trial of a case, in its simplest form, is telling a story jurors can understand. Yet most lawyers are taught little, if anything, about communicating with others."

"I have told my students at Trial Lawyers College—where we teach practicing people's lawyers how to be real, how to win by caring, how to be honest in the presentation of themselves—that if they take care of their clients, no matter how meager the compensation, that the money aspect of the practice will eventually take care of itself. That is a promise."

“I instruct the lawyers, we call them warriors, for these warriors fight for the rights of people against the daunting power of corporations and government…”

Spence wrote: "I think of William Lloyd Garrison, the Abolitionist leader on Slavery in America who in 1831 wrote:

“I am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject I do not wish to think or speak or write with moderation.

“No! No! Tell a man whose house is on fire to give a moderate alarm. Tell him to moderately rescue his wife from the hands of a ravisher. Tell the mother to gradually extricate her babe from the fire into which it has fallen, but urge me not to use moderation in a cause like the present. I am in earnest—I will not equivocate—I will not excuse. I will not retreat a single inch—and I will be heard.”

And so, dear friends and readers, Mr. Gerry Spence, master trial lawyer and warrior, has started his blog and he will be heard !

Yours in the Defense of Fellow Human Beings,

Glen R. Graham, Tulsa Criminal Defense Attorney, Tulsa, Oklahoma
http://www.tulsacriminaldefenses.com

Attorney-Client Privilege and Limitations

Dangerous Holes in the Attorney-Client Privilege
by Glen R. Graham, Tulsa Criminal Attorney. Web: http://www.tulsacriminaldefenses.com/

Most people are aware of the attorney client privilege, sort of like the sacred confidential communications to your doctor or your minister, priest, or rabbi. Fewer people are aware of the ease with which the attorney-client privilege can be breached and the holes are so deep and dangerous that once you fall into the loop-hole you might not survive.

Ring ...... or musical tone ....... off goes the phone !!! Who can it be? Well, if it's a collect call from the jail or from a prison, the phone call is being recorded ! Yes, there is a message stating --- "this phone call may be recorded . . . . " --- but most people incorrectly assume that the call is not really being recorded. But, wait. Yes, it is being recorded and saved for up to three (3) years for use against the defendant. Even if the phone call is to relay information to the defendant's lawyer, the phone call is being recorded. The phone call to the lawyer's office is also recorded and the information discussed no longer "confidential" when law enforcement can listen to the conversation and has access to the conversation.

All letters in and out of the jail or prison are xeroxed and saved in a file folder with the defendant's name.

Breach of the Client Interview: If the defendant is out of custody and brings his wife or a friend or family member to the lawyer's office and they are present while the "confidential" communications take place then they become subject to possible subpoena.

So, if you would lie to God, why should we believe you now?

Sample Cross Examination Technique
by Glen R. Graham, Attorney at Law, Tulsa, Oklahoma
http://www.glenrgraham.com

I found an interesting brochure that gave a sample cross examination to prepare a witness for ligation (possibly a deposition or lie detector or the like) which said something like this:

(I have rewritten it and changed the characters to make it more interesting)~~~

Defense attorney/police officer/lie detector administrator: Mr. X have you in the last ten years been put in a position where you told someone a lie even a white lie, such as saying someone looks good even though they did not or that the meal they prepared was good even though it was not or said something that was not true?

Witness: Yes

Defense attorney/police officer/lie detector adminstrator: Mr. X in the last ten years, have you even once taken anything even a paper-clip or maybe borrowed a pen without returning it or maybe some other thing that you "borrowed" and you kept without returning it?

Witness: Yes

Defense attorney/police officer/lie detector administrator: So, Mr. X, by your own admission when you do these things what does it make you?

If they were being helpful --- they might say: Mr. X, would you agree that just because you made an isolated mistake it doesn't make you a liar and a thief but instead it makes you HUMAN !!!

Witness: Yes.

Of course, I am adding and changing the dialog and re-writing it. But, this idea kind of is like what some lie detector administrators do when they want to trip the guy up...... so you have stolen before and so you have lied before..... and you cheated on your wife --- you took an oath to God not to do that ..... so if you would lie to God ...... why should I believe you now ..... etc.

3rd degree .... to the 10th power.

One of many reasons not to take a lie detector test or to agree to be cross-examined by police officers.

Without knowing what kind of questions are going to be asked you have no control over the out-come of either a lie detector test or cross examination.

Police officers may even attempt to withhold the suspect's sleep or water -food or cigarettes to attempt to obtain an advantage while cross-examining the suspect and attempting to obtain a "confession" even if it is a false confession.

Yours in the Defense of Fellow Human Beings,

Glen R. Graham, Attorney for the Accused, Tulsa, Oklahoma http://www.tulsacriminaldefenses.com

Tulsa Bail Bonds Reductions and How to Get the Bond Lowered

Tulsa Bail Bonds Reductions and How to Get the Bond Lowered by Tulsa Criminal Attorney, Glen R. Graham (Over 21 Years Experience) Tel. 918.583.4621

The best strategy to obtain a Tulsa bail bond reduction is to hire a Tulsa Lawyer or Attorney first such as Glen R. Graham , Attorney at Law, and when you hire me to obtain a bail bond reduction, I will file a motion and the same will be set for a hearing at least by one -two working days (not including weekends). The court will schedule a hearing and we can present argument and documents and call witnesses and present our arguments to the court as to why the bond should be reduced. If the court grants a bond redution, I can refer you to several good local bondsman such as to A Bargain Bail Bonds of Tulsa at 918-583-6600 or others.

On a case by case basis, it may be possible to get the Judge to consider releasing the defendant on a pre-trial court services release either with or without an ankle monitor depending upon all of the circumstances of the case. Certain offenses such as violent felonies and certain other types of felony offenses may not qualify for consideration. But, in the right case, the court may allow the defendant's release on pre-trial release without having to pay funds to a bondsman. By filing a motion for bond reduction or release on pretrial court services release, the matter can be brought to the court's attention for consideraiton.

In considering a Tulsa bail bond reduction, the court will consider the purpose of bond which is to guarantee the appearance of the defendant at any future court dates and not to punish the defendant. Additionally, the court will consider the factors set forth in Oklahoma and Supreme Court decisions.

Unless the right to bail before trial is preserved, the presumption of innocence would lose its meaning. See Stack v. Boyle, 342 U.S. 1, 4, 72 S.Ct. 1, 3, 96 L.Ed. 3 (1951). The online Justice Denied Magazine has stories about when the presumption of innocence goes wrong and people are wrongfully convicted. Also, see the on-line blog of Justice Denied Blog. The sixth (6th) Amendment right to a speedy trial over-laps with the other rights in the Constitution and with the presumption of innocence. Prolonged pretrial incarceration before trial is tantamount to punishment before trial and violates the presumption of innocence. Check out the web site http://www.innocence.org and the numerous over-turned convictions --- some where people gave false confessions. Tulsa, Oklahoma is home to one of the largest jury verdicts for over-turned DNA --- convitions - false photo identification --- 14.5 million dollar jury verdict reduced to 12.25 million on appeal ---- Alvin McGee, Jr. v. City of Tulsa - Northern District of Oklahoma. Oklahoma was recently found to have the highest rate of incarceration for women in the nation according to the national bureau of crime statistics (2006).

The U.S. Supreme Court has noted that prolonged pretrial detention prior to an independent determination of probable cause may unjustly “imperil a suspect’s job, interrupt his source of income, and impair his family relationships.” See, Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975).

The purpose of bail is to assure the appearance of the accused at such times as the court may direct, and that bond should never be used for the purpose of punishing the accused, but the sole guide in fixing the amount thereof should be to cause the accused appearance to answer the charge against him. See, Application of Owen, 349 P.2d 786 (Okl.Cr. 1960); Ex Parte Knight, 289 P.2d 156 (Okl.Cr. 1955), Gibson v. State, 655 P.2d 1028 (1982).

In Clark v Hall, 2002 OK 29 (2002), the court held that defendant’s have a due process right to an individualized determination of bail and that “bail in Oklahoma is not and cannot serve as a criminal punishment.” The right to the protection against the denial of bail and excessive bail has historical roots. The Magna Carta and the United States Constitution Bill of Rights and the Oklahoma Constitution contain provisions protecting an individual’s right to bail.

Presently, the judges of the State of Oklahoma are required to consider the guidelines set forth in 1979 in Petition of Humphrey, 1979 OK CR 97, 601 P.2d 103, when setting the amount of bail. These guidelines include:

1. The seriousness of the crime charged against the defendant, the apparent likelihood of conviction and the extent of the punishment prescribed by the Legislature;
2. The defendant's criminal record, if any, and previous record on bail if any;
3. His reputation, and mental condition;
4. The length of his residence in the community;
5. His family ties and relationships;
6. His employment status, record of employment and his financial condition;
7. The identity of responsible members of the community who would vouch for defendant's reliability;
8. Any other factors indicating defendant's mode of life, or ties to the community or bearing on the risk of failure to appear.

The Tulsa District Court has rules dealing with the handling or setting of bonds. Currently, there are some recommended bond amounts for different types of charges but under the current case law, a court is supposed to consider the individual factors of the case which can be reviewed when the defendant’s attorney files a motion for bond reduction.

An Oklahoma attorney general opinion has suggested that bail bond guidelines may even be unconstitutional because a court is required to consider the individual factors and circumstances of the case. See Oklahoma Criminal Defense Blog regarding attorney general opinion on bail bonds schedules. Furthermore, read the Oklahoma Attorney General Drew Edmondson Attorney General Opinion Here which states:
Attorney General Opinion 2000 OK AG 61 (Number 61 - Decided 12-11-2000):

Attorney General says predetermined bond schedules determined by Judges unconstitutional:

"17 By focusing on the crime committed as opposed to the circumstances of the individual arrestee, there is no guarantee that a defendant will return for hearing. In addition, failure to review the Humphrey factors may produce a bail amount that is excessive and, thus, unconstitutional.

¶18 As noted above, a court may not adopt rules that conflict with constitutional provisions. For the reasons statedabove, the use of a jail bail schedule infringes on defendants' constitutional rights guaranteed by both the Oklahomaand United States Constitutions."

"Accordingly, judges may not promulgate administrative rules that mandate the use of a bail schedule based on the crime of which a defendant is accused. It is, therefore, the official Opinion of the Attorney General that: A presiding judge has no authority to establish, by rule or otherwise, a bail schedule which contains predetermined bail amounts based on the crimes committed. "

Yours in the Defense of Fellow Human Beings,

Glen R. Graham, Attorney at Law, Tulsa, Oklahoma

Tulsa Drug Lawyer - Tulsa Drug Attorney - Retaining the Best

Tulsa Drug Lawyer – Tulsa Drug Attorney - What to Look for Hiring an Attorney

Tulsa drug trafficking cases are some of the most complex and serious cases because they carry the possibility of up to a life prison sentence and after two previous drug convictions, a drug trafficking case carries a possible sentence of life without parole unless the attorney can sufficiently assert some legal defense or obtain a plea reduction or plea bargain reduction to a lesser offense. A possession of controlled drug with intent to distribute is equally serious. Even a Tulsa possession of a controlled drug case is a serious matter. A Tulsa Possession of Marijuana case may have defenses that some lawyers may not know about. The state has enormous resources to prosecute people for crimes. You need to be careful about hiring the attorney and you need the right attorney to represent you.

You need an experienced criminal defense attorney committed to quality and an experienced --- drug lawyer --- such as myself ---- Glen R. Graham --- with over 20 years of experience fighting for the rights of my clients --- I will make sure you are treated fairly and I have the experience to take your case to a jury trial and through to appeal if necessary. I have the proven ability to handle your case and I am committed to excellence through vigorous advocacy with proven success in the court room.

This information is from the law office of Glen R. Graham Attorney serving Tulsa, Oklahoma and surrounding areas. If you are in the area, and need an attorney you can visit our website by clicking here . Glen R. Graham, Attorney at Law, telephone: (918) 583-4621 or (918) 260-8184 - Tulsa, Oklahoma or my email: glengraham@icu.net

What To Look For In A Tulsa Criminal Defense Attorney

Ask the attorney if they are a member of the any specific groups in Tulsa or Oklahoma that are dedicated to the defense of criminal defendants and what the name of the organizations are?

It is surprising how many attorneys are not members (I am a member of both) of the TWO MAIN CRIMINAL DEFENSE ORGANIZATIONS IN TULSA COUNTY:

(1) The Tulsa Criminal Defense Lawyers Association
(2) The Oklahoma Criminal Defense Lawyers Association

One is the local county criminal defense lawyers and the other is the main state criminal defense attorneys association.

Any Tulsa criminal defense attorney that is committed to quality criminal defense is a member of both organizations.

The Best Tulsa Criminal Defense Attorney should also have a web site and have helpful legal blogs such as:

http://www.tulsacriminaldefense.blogspot.com/ and this blog, and web site: http://www.glenrgraham.com/

Ask him how long he has practiced law, and how often he goes to jury trial, and if he files many motions to suppress or if he has any objection to filing a special motion to suppress or quash the arrest in your case. The attorneys that are just in it for the money or for a volume of business may turn down your case because the recognize that you are expecting them to actually fight you case and they don’t want to spend that much time fighting the case. They merely want to plea you guilty without working the case.

Makes Promises Too Good To Be True

An attorney who promises results that sound just too good to be true is probably not being realistic. Some people call this “sales puffing.” Like the old used car dealer exaggerating the quality of a used car. It is a buyer beware world and no lawyer legally or ethically can promise results that are just too good to be true.

No attorney should promise a particular result in a criminal case. Attorneys can promise to do their best. Attorneys can believe in the quality of a case. Attorneys can believe they will probably be able to get a particular result. But a good Attorney should never guarantee a particular result.

A good attorney may give you a general analysis of possibilities in your case, and what may or may not happen, and how the system works, and what sometimes may happen but this is ABSOLUTELY NOT a guarantee of a particular result your case.

Not being willing to guarantee a result is not a sign of weakness, it is a sign of experience and wisdom. The problem is that the bottom line result is ultimately in the hands of other people NOT THE ATTORNEY.

A judge and/or a prosecutor and/or a jury must act in order to resolve any criminal case. It is impossible to guarantee the actions of other people. Judges, prosecutors, and/or juries have been known to make mistakes. Therefore, a competent attorney will never be able guarantee a particular result.

Use Common Sense

Do not accept at face value every statement made by the attorney. It could be merely exaggerated sales puffing or sales talk. Take statements with a grain of salt. Look at them with a critical eye. Does this sound realistic or more like sales puffing and exaggerations?

Beware of the Attorney with too much business or the attorney that focuses solely upon money.

Some attorneys just have too much business or focus too much on getting a volume of business instead of trying to do quality legal work for people. An attorney with too much business is not going to have time to sit and discuss your case in his office and just tries to meet you in the court house instead of scheduling a time to sit and discuss your case. It is not likely that he will file the appropriate motions and he rarely if ever goes to trial.

One of the best ways to catch an attorney who uses exaggerated sales talk is to ask them if they remember the last case they took to a jury trial and if it is listed on the web site for the court house or if they remember the name of the defendant? Most of the time, the attorney will avoid answering the question because they do not go to jury trial and they plead most of their clients out and they don’t really fight the case.