Some of the Options in a Tulsa Criminal Felony Case

A Description of Some of the Options in a

Tulsa Felony Criminal Case

By: Glen R. Graham, Tulsa Criminal Defense Attorney, (918) 583-4621, more information at his web site: http://www.glenrgraham.com/

The Initial Appearance: Room 173 at 9:30 a.m. - Preliminary Arraignment (scheduling for preliminary hearing) – purpose is to schedule a preliminary hearing but usually it gets passed to give the defendant time to fully retain the lawyer.

Another word for "arraignment" would be to "schedule." So, a preliminary arraignment is a scheduling date for the preliminary hearing. Initially, it is passed for the defendant to employ or pay the attorney.

The next court appearance might be to apply to Drug Court, DUI Court, Accelerated Accountability Procedure Docket, Veteran's Court, Mental Health Court, or some other court.

If not applying for the other courts or if the type of charges or prior record does not qualify or if the prosecutor has not agreed to the other courts, then the case is set for Preliminary Hearing – Room 347 or 344 at 9:00 a.m. on the 3rd Floor. The witnesses to the case are subpoenaed by the State to appear and testify in the event that the defendant wants to challenge the evidence.

CHOICES: (For Your Attorney - An Application for Tulsa Drug Court or Tulsa DUI Court is posted at http://www.glenrgraham.com/id63.html )

A. Drug Court or DUI Court: This should be done several days before the preliminary hearing, otherwise the court may require a waiver of the preliminary hearing before scheduling it.Drug Court or DUI Court is a court supervised treatment program for people with serious addictions to drugs or alcohol or both. It is an “intensive” supervision program normally something that is chosen as an alternative to prison by someone with a prior record, currently on probation, or as an alternative to prison. Starts with daily requirements like AA/NA meetings and weekly appearances in front of a judge, five phase program, lasts 1-2 yrs

B. Veteran's Court - If you are a qualified Veteran, and you are charged with a non-violent qualifying offense, then you may apply to "Veteran's Court." It is similar to the Drug/DUI Court. You and your attorney fill out an application and the prosecutor reviews it and either accepts you or denies your admission. The court makes the final ruling. If you qualify, then an assessment is performed and you will be assigned a mentor or case worker. It involves a treatment plan and multiple follow up court appearances to check on your progress.

C. Accelerated Accountability Docket or Community Sentencing - If you qualify and if you are charged with the type of qualifying offense, then you may be accepted to the AAP court. This is held in room 173 and is only for non-violent offenders which are accepted by the prosecutor. The prosecutor reviews the police reports and the nature of the case and can accept you into this type of court or not. If accepted, your attorney will negotiate a plea bargain for probation and a level of services inventory (LSI) is performed. This is a type of assessment performed by a probation officer whereby they give you a questionnaire to answer to determine what kind of social problems you may have if any. If you have a drug or mental problem, then it will require you to obtain an assessment and treatment. If you lack a diploma or have reading problems, then it will require you to obtain a diploma or get tutoring to learn to read. The court will order you to get help for whatever problems are discovered. You will get probation but required to obtain treatment for your problems.

D. Mental Health Court: (An Application for Tulsa Mental Health Court is posted for your attorney at http://www.glenrgraham.com/id63.html ) It is limited to certain non-violent offenders who have records that do not prevent them from being admitted and who have non-violent pending charges. It is a treatment type program for people who have "mental health" issues. It involves following a treatment plan and close supervised monitoring by the court and by a staff of treatment providers and counselors.

E. Option - Challenge the Evidence & Have an Actual Probable Cause Hearing: You can have or put on the preliminary hearing where witnesses are called to testify. The issue is whether there is “probable cause” to believe that a crime was committed and that the defendant committed the crime. If no, case is dismissed. If yes, then the court gives you another court date to return before the assigned Judge above the 3rd floor in about one week. At that time you can try to work out a “different plea bargain” or you can order a transcript (written record of what happen which is prepared by the court reporter) of the preliminary hearing and file motions based upon the transcript and the new judge will determine those motions.

The preliminary hearing is normally the main chance to challenge the sufficiency of the evidence, the constitutionality of the arrest, search, and seizure. If you waive you hearing, then you are normally waiving your right to challenge the case and the evidence.If you put on the preliminary hearing then the prosecutor will normally withdraw their recommendation.After the preliminary hearing then the plea bargain may get better or it may get worse, so the final decision on whether to accept the plea bargain or reject the plea bargain is always up to the defendant.

F. Can waive the preliminary hearing because you have a “plea bargain” of some type worked out on the case.

G. Plea Bargain - Option 1 - Presentence Investigation (PSI) – Case may be passed (you waive preliminary hearing) for you to complete a presentence investigation. This leaves it up to the judge to decide whether to give you probation or not and whether to give you a deferred or suspended sentence and what the probationary terms will be. This involves an “investigation” by a probation officer who will perform a urine test on you for drugs/alcohol and a background investigation: criminal record check, social history, soc.sec.number check on employment history, letters to victim, copies of the official police version of the event, your version, a LSI evaluation psychological - social assessment with recommendations, copies of treatment information, and the probation officers recommendation. The Judge will sentence you in part based upon this report, but the Judge always has the final authority to decide what the final sentence will be in your case. If you qualify, the court may allow you to have probation, may allow you to have a “deferred” sentence – probation without a conviction or a “suspended” sentence – probation with a conviction or no probation or a split sentence.

H. Plea Bargain – Option 2 – Suspended sentence - you may be able to plead out without a presentence investigation to a straight suspended sentence. This is a felony conviction with probation but without a presentence investigation.

I. Plea Bargain – Option 3 – Deferred sentence – you may be able to plea out without a presentence investigation to a “deferred” sentence that is probation without a felony conviction. You will still have an “arrest” record but no conviction. If you successfully complete the terms of probation and return on the scheduled review date then the case is dismissed and the conviction is expunged, but you still have an “arrest” record.

J. Plea Bargain – Option 4 – if the prosecutor agrees – amended to misdemeanor – you may be able to plead out to a misdemeanor but only if the prosecutor agrees. This is normally only done in rare cases when there is some “weakness” in the case and the defendant does not have a prior criminal record.

K. Plea Bargain – Option 5 – if the prosecutor agrees – pass the case to obtain additional information or witness information or discovery or other information or to pay off restitution.

L. Option 6 – if bad charges or bad prior record – straight in-time prison recommendation. If you waive preliminary hearing or if you have a preliminary hearing and are given a new court date one week later, then it will be set in front of another judge.The next date is called “District Court Arraignment.” At that time you can order a copy of the transcript of the preliminary hearing and file written motion to dismiss, suppress, or other motions. You can also attempt to work out a different plea bargain.You can set the case for jury trial.

M. Opition 7 - Or, you can pass the case for no issue disposition for about thirty (30) days. If you waived preliminary hearing based upon an PSI recommendation: You will appear in front of another judge one week later, then the court will pass the case for thirty (30) days for a no issue disposition date. When you return to court then the court will expect you to enter a plea and begin the presentence investigation. You will enter a plea of guilty in front of the judge and the PSI probation officer will urine test you for drugs that day and begin the presentence investigation. Then court will pass the case for another thirty (30) days for you to complete the presentence investigation. When you return to court it will be for sentencing based upon the presentence investigation.

The judge always has the final authority to determine your sentence.If you are unable to work out an acceptable plea bargain, you might be able to obtain a recommendation from the judge and enter a “blind” plea without a recommendation from the prosecutor and have the judge sentence you.

Most Important Option: You do have the option or the Constitutional right to a jury trial.

A non-jury trial or trial by the judge is only possible if the prosecutor will waive their right to a jury trial and have a trial by the judge. In rare cases, it might be possible to have a non-jury trial or trial by the judge based upon the transcript of the preliminary hearing, and then appeal the court decision or rulings on the motion to suppress evidence. There is no right to appeal the judge’s rulings on the motions to suppress evidence or any other motions unless this is agreed to or unless there is an actual jury trial. A plea or accepting a plea bargain waives any appeals on the motions.

Can Provocation or Justifiable or Excusable Cause be a Defense to Assault and Battery with a Dangerous Weapon in Oklahoma

Can "Provocation" or "Justifiable or Excusable Cause" be a Defense to Assault and Battery with a Dangerous Weapon under Oklahoma Law?
By Glen R. Graham, Tulsa Criminal Defense Attorney, http://www.glenrgraham.com/

Under the Oklahoma Uniform Jury Instructions, OUJI-CR-4-13, in the comments section therein is a discussion about the strange but true case of Eckhart v. State, 1956 OK CR 6, 292 P.2d 451, which provides the answer to the above question: "yes."

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The Oklahoma Uniform Jury Instructions, OUJI-CR-4-13, provides that under the definition of the elements of the offense for assault/battery/(assault and battery) with a dangerous weapon by use of a firearm, under section 4 - that it be committed "without justifiable or excusable cause."

Further, section 5, requires that it be committed "with intent to injure the person." That the defendant used a particular device in a manner likely to produce injury or great bodily harm does not eliminate the necessity of proving that the defendant specifically intended to inflict such corporal harm.

For example, in Eckhart v. State, ibid, the defendant fired a shot at some laborers working on the roof of the building in which the defendant lived. The events leading up to the altercation included the facts that the workmen had disconnected the defendant's air conditioning on the previous day, and that they had begun working on the room at 5:30 a.m. on the day of the shooting. The defendant was awakened when chunks of plaster were dislodged from his ceiling and struck him as he lay in bed. One of the workmen stood only a few feet from the defendant as the defendant fired the shot.

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The court reduced the defendant's conviction for assault with a dangerous weapon to simple assault, on the ground that the defendant's intent to injure someone was not established by these circumstances. At most, the court believed that the defendant was provoked by the incidents of the past day and fired a shot in order to scare the workmen and to demonstrate his grievance.

In Eckhart, ibid, the court held: "Rather, we think the accused was provoked and fired the shot in the air to scare the workmen and it certainly had that effect. The evidence was sufficient to show the accused was guilty of a simple assault. The maximum punishment for assault is 30 days in the county jail and a fine of $100 which we feel would be a just sentence in this case."

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In Eckhart, the court reversed his conviction for assault with a dangerous weapon with a 9 month jail sentence and modified his sentence, and found him guilty of simple assault, a misdemeanor, and imposed a sentence of 30 days in jail and a fine of $100 dollars.

Preparing to Make the Best Impression and to Win Your Case in Tulsa Criminal Court

Preparing to Make the Best Impression and to
Win Your Case in Tulsa Criminal Court

By Tulsa Criminal Defense Attorney, http://www.glenrgraham.com/
Glen R. Graham - Call (918) 260-8184

When you go to court, you should want people who have the power to incarcerate you or to impose a sentence on you to have some empathy or understanding or to care about you or to "like you." The Judge, prosecutor, lawyers, jurors and others are typically older, conservative people who will feel more empathy toward you if you dress in a manner appropriate to court. First impressions do count. If you dress inappropriately, the court may believe you are dressed like a person who needs more discipline in their lives and may impose that on you.

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You cannot control other people, but you can control your own behavior and dress and style which will cause other people to have either a good reaction to you or a bad reaction to you.

An inappropriate hair style may alienate people. Do not forget to comb your hair and don't look like you just got out of bed.

A disciplined, appropriate dress and good manners can go a long way. Stand up when you speak to the court. Do not interrupt court. Take your hat off when you are in the court room. Do not wear sunglasses in court. Do not chew gum or read a newspaper while in court. Don't forget to turn your cell phone off while you are inside the court room.

A short hair cut or a burr hair cut can make you look like a law enforcement officer. A short hair cut is "conservative" and it is more likely that the court will treat you with respect if your look conservative. A defendant who looks like a law enforcement officer is going to get more consideration from the court and the prosecutor.

Men should wear slacks and a nice button collar shirt. Women should wear a nice conservative shirt and either slacks or an appropriate "business attire." You do not have to wear a suit, although if you dress up, a court might believe you are more "respectful" of the court than some other people.

Do not wear nose rings, facial piercings, ear rings, diamonds, or jewelry. Cover your tattoos with a long sleeve shirt or other clothing.

You should not dress like a "criminal." You should not dress like a teenager. You should not dress like a person who would commit a crime. Do not wear loud clothing. Do not over-dress, but do not under dress. Do not wear tank tops, t-shirts, gold chains, jumper or jogging suit, shorts, or any non-conservative clothing. Do not dress like the "Fonz" for court. Dress more like "Richie Cunningham." Do not wear a black leather jacket. Do not dress like a drug dealer or a rock star on MTV. Do not dress down for court but don't dress like a drug dealer either.

Currently, there is a problem finding adequate parking around the court house in Tulsa, Oklahoma. Also, you may have to wait in line to go through a metal detector before you can enter the court house. All of this takes time. You should arrive about 30 minutes before you court time, so that you can find adequate parking and so that you can wait in line to get inside the court house and so that you can be on time to court. There are several places to park around the court house which charge about $5.00 dollars to park all day or about $2.00 per hour. If you are willing to walk about six to eight blocks, you might be able to park for free. Most people are not willing to walk several blocks and so they chose to pay to park.

You should wait inside the court room for your name to be called and answer when your name is called. Sometimes, your lawyer may be late for court so you need to be patient and you need to answer when your name is called.

DUI and DWI in Tulsa, Glenpool, Broken Arrow, Bixby, Sand Springs

Attorney Information on DUI and DWI in Tulsa and Glenpool and Broken Arrow and Bixby and Sand Springs --- What to Expect? By Tulsa Criminal Attorney, Glen R. Graham (918) 260-8184
More information at: http://www.glenrgraham.com/

Each case is different and there is no cookie cutter approach. One size does not fit all. Each person in the world has a different life story to tell and their cases are as different as that individual's life story. People are human beings entitled to be treated with dignity, respect, and as individuals and not just a number.

Are you a repeat offender? Are there any treatment programs available? What about DUI Court or Alternative Sentencing Courts or Accelerated Accountability Procedure or Community Sentencing or Mental Health Court or Drug Court or Tulsa's New Veteran's Court or any of the other alternative programs? See the prior post for more information: http://oklahomacriminaldefense.blogspot.com/2008/09/tulsas-alternative-courts-tulsa-drug.html

What are the specific facts of your case? What are the mitigating circumstances? What are the factors that may cause your case to be treated more harshly or less severely than other cases? What kind of prior record do you have? What was your breath-alcohol result or your blood-alcohol result? Did you timely request a hearing on your driver's license which is like a free chance for discovery in your case?

What are the totality of the circumstances of your case?

Over the years, I have represented many people on different types of cases and each case is different. Once I represented a security officer who was suffering from a cold and took some nyquil and then a little bit of alcohol. Unfortunately, the nyquil already has alcohol and when you add alcohol or medicine with alcohol then the result can be intoxication. This person was a licensed CLEET certified security officer and having a conviction for an alcohol offense could result in repercussions more severe that the actual offense warranted under the totality of the circumstances. This person legitimately suffered a cold and took nyquil and alcohol but the combination results in synergism or multiplies the effects of the medicine and results in a medical intoxication. After discussing this matter with both the judge and prosecutor, we obtained a plea bargain whereby the offense was reduced to a much less severe penalty upon completion of certain requirements which kept an alcohol related conviction off of his record.

Upon conviction or as part of a plea bargain most Oklahoma courts are going to require a substance abuse assessment and are going to require the person to follow the recommendations of the assessment. Also, most are going to require completion of a DUI school, victim impact panel class, and payment of fines and costs. However, each case is different and alot can depend upon the specific facts and the totality of the circumstances.

One very important aspect of any DUI or APC offense is to request a hearing on your driver's license from the Department of Public Safety within 15 days of the date of your arrest. If you make a timely request for a hearing within 15 days, then the DPS will give you a temporary drivers license. At the hearing, your attorney may use the hearing as a discovery tool to see what the case is all about and to see what defenses might be available.

What about the test? Was it administered in accordance with the rules of the Board of Tests for Alcohol and Drug Influence ? For more information about the rules of the BOT and to access the rules, see: http://www.ok.gov/bot/index.php

To request documentation on the specific machine from the Board of Tests, see:
http://www.ok.gov/bot/reqdoc.php ? Were correct procedures followed?

The refusal of a person to take a breath or blood test is admissible at trial in the case. 47 O.S. Section 753. Persons within two hours have the ability to “recant” and change their mind and take the State’s test if done within a short period, with testing equipment available, if no substantial inconvenience to police will result, and if the person had been in the custody of the arresting officer and under observation the whole time. Baldwin v. State ex rel. Department of Public Safety, 849 P.2d 400 (Okl.1993). Not cooperating with the officer is refusal by action. BOT Action 97-1 and Application of Kunneman, 501 P.2d 910 (1972).

Unless supported with medical evidence to an alleged mental incapacity due to emotional distress, drivers can not be found immune from the implied consent laws. Hollis v. State ex rel Department of Public Safety, 2008 OK 31, 183 P.3d 996.

The Department of Public Safety has authority to administratively suspend a drivers license. Immediate license seizure and 6 month license suspension if BAC is .08 or more for over 21 years of age; for under 21, immediate license seizure and 6 month license suspension for BAC of .02 or higher or any measurable quantity and Judge may seize license for an under 21 year old and cause the suspension of the license until the person reaches 21 years of age.

If a timely request for an administrative drivers license hearing is made within 15 days of the date of arrest, then a person arrested for DUI or APC is entitled to an administrative law hearing on the issue of license revocation. Requests must be made in writing within 15 calendar days of the arrest.

What about the stop? Did the officer have sufficient legal probable cause to stop you? Was there a violation of a traffic law prior to stopping you?

Why are there three (3) results listed for the breath test on the officer's affidavit, if you took the breath test:

The Oklahoma Rules of the Board of Tests have a permissible variance between each of the two (2) breath tests to be considered valid. The variance here in Oklahoma that is acceptable between the two (2) samples is + .03%. So, on the print out or officer's affidavit will be listed the results of blowing into the machine. There are 3 results. The first two are testing the machine and unless there is a variance of more than plus or minus .03 per cent then the machine is considered "working." If there is a variance of more than .03 %, then a re-test must be performed or the test is considered invalid.

Tulsa Jail Inmate Information and Bail Bonds

Tulsa Jail Inmate Information and Bail Bonds - Tulsa City County Jail
by Tulsa Criminal Defense Attorney, Glen R. Graham,
http://www.glenrgraham.com/

To verifiy the Tulsa Jail inmate bail bond amount, court date, and charges you can click on: http://iic.tulsacounty.org/SearchForm.aspx
For Commissary Information - to Order Tulsa County Jail Commissary Online click on: http://iic.tulsacounty.org/SearchForm.aspx (Click on Red Link for I-Care) or http://www.icaredirect.com/ (Tulsa Commissary)

For Tulsa Bail Bonds or Tulsa Bail Bondsman - google the search terms or check with A Bargain Bail Bonds of Tulsa and Sapulpa at http://www.ABargainBailBonds.com

TULSA CITY COUNTY JAIL FACILITY CONTACT NUMBERS
General Information - It usually takes a long time to get through on the phone:
(918) 596-8900 and so I would just click on the above and below links.

ALL TELEPHONE CALLS FROM THE JAIL ARE RECORDED AND SAVED AS POSSIBLE EVIDENCE. THE INMATE CALLING ENTERS THEIR INMATE IDENTIFICATION NUMBER BEFORE CALLING COLLECT.

To verify which pod the Tulsa Jail inmate is located within the jail, you can check this link: http://iic.tulsacounty.org/SearchForm.aspx

Visitation Days are assigned based upon which pod the inmate is located within.

THURSDAY/SATURDAY
PODS: F-17, F-18, F-22, J-1, J-2, J-5, J-6, J-9, J-10, J-14, and/or Special Housing Unit

FRIDAY/SUNDAY
PODS: F-19, F-20, F-24, J-3, J-4, J-7, J-8, J-11, J-12, J-16, and/or Medical if approved

TULSA JAIL VISITATION TIMES 1:30 PM - 4:00 PM and 5:30 PM - 8:30 PM

DIRECTIONS TO TULSA JAIL:
David L. Moss Criminal Justice Center - 300 N. Denver AvenueTulsa, OK 74103
Phone: (918) 596-8900

TULSA JAIL VISITORS' STANDARD OF DRESS

Visitors are expected to be fully dressed in appropriate conventional clothing that is not unduly provocative, suggestive, or revealing. No halter tops or half shirts or revealing clothing AND NO SHORTS, NO SHORT SKIRTS, NO CULOTTES OR JUMPERS.
No clothing with gang, obscene, or distracting messages, shapes or designs.
No camouflage or clothing that resembles security uniforms.
No dresses, skirts, jumpers, culottes, or shorts - if more than 3 inches above the knee while seated. This also applies to slit dresses in that the slit cannot exceed 3 inches above the knee while seated.
No coats, jackets, topcoats, raincoats, or other outer garments.
No clothing that unduly exposes the stomach, back, shoulders, chest, midriff or underarms.
No hats or other head coverings such as do-rags, bandanas, etc.

TULSA JAIL GENERAL INFORMATION

Visits will be granted based upon time, space and availability.
Visitors need to be present at the facility no more than 30 minutes prior to their visitation.
One visit per inmate per week.
Same visitor may not visit more than one inmate.
Visitors must be at least fourteen years of age and have photo identification or certified birth certificate or school issued identification.
If under the age of 18, the child must be accompanied by a parent or legal guardian.
Scheduled Unit visits will be non-contact in nature.
Length of visit is 20 minutes.
Visitors may contact the facility for any additional information needed.
A records and warrants check will be performed on each visitor

TULSA JAIL VISITATION RULES

Any Visitor appearing to be under the influence of drugs or alcohol will not be permitted to visit and may be subject to arrest.
All visitors are subject to search.
Any visitor refusing to submit to a search will not be permitted to visit or remain in the visitation area.
No personal items may be taken past the lobby area. This includes food/drink items and tobacco products.
Any visitors found with contraband that is in violation of the law are subject to arrest.
Visitors must conduct themselves in an appropriate manner. Profanity, loud or disrespectful comments, disruptive behavior, threats of any kind, etc. will result in termination of the visit.
Visitors must remain seated at all times during the visit.
The Tulsa County Sheriff's Office reserves the right to terminate a visit at any time.

TOUCH PAY ELECTRONIC MACHINE IN THE TULSA JAIL LOBBY AVAILABLE TO PUT MONEY ON THE BOOKS OF INMATES FOR COMMISSARY ITEMS LIKE PAPER, WRITING MATERIALS, SOAP, CANDY, AND OTHER ITEMS.
IT HELPS TO HAVE THE INMATE IDENTIFICATION NUMBER WHICH IS LISTED ON THE JAIL BOOKING SHEET WHICH IS LOCATED AT check this link: http://iic.tulsacounty.org/SearchForm.aspx

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