Wagoner Lawyer Blog
What Are the Differences Between Misdemeanors and Felonies in Oklahoma?
In Oklahoma, there are two main types of crimes: misdemeanors and felonies. Misdemeanors are less serious offenses that typically result in up to a year in county jail, with no prison time or Department of Corrections involvement. These cases are identified by a CM case number, indicating a criminal misdemeanor charge. On the other hand, felonies are much more severe and can lead to imprisonment ranging from no time to life. Each crime has a different punishment level if convicted. Felony cases are labeled with a CF case number, representing a criminal felony charge. Regardless of the type of crime you're charged with, it's crucial to seek legal representation to navigate the complex legal process and understand the potential consequences. If you find yourself in this situation, don't hesitate to reach out to me, Stuart Ericson, at wagonerlawyer.com. Read more »
Is Pointing a Gun at Someone a Crime in Oklahoma?
In Oklahoma, pointing a gun at someone without lawful cause is considered a felony offense known as felonious pointing of a firearm. This charge applies if a person willfully points a loaded or unloaded shotgun, rifle, pistol, or deadly weapon at another individual with the intent to threaten or discharge the firearm, or with any malicious intent. While self-defense can be a defense in such cases, pointing a gun out of anger, as a prank, or in a gone wrong situation can lead to criminal charges. Given the seriousness of gun charges in Oklahoma, it is crucial to consult with a defense attorney like Stuart Ericson to explore possible defenses and determine the best approach to your case. Contact Stuart Ericson at wagonerlawyer.com for assistance. Read more »
Is It a Crime to Carry a Loaded Gun in Your Car in Oklahoma?
In Oklahoma, it is illegal to transport a loaded firearm in your car without a valid defense. Attorney Stuart Ericson sheds light on this gun charge and explains that knowingly and willfully transporting a firearm with a loaded clip or magazine, or a bullet or shell loaded in the chamber, is against the law. This applies to carrying the weapon in the car's interior, a locked exterior compartment, or the trunk while on a public road or highway. If you get pulled over for a traffic violation and are found with a loaded gun, it can result in a criminal charge. For legal advice and defense options, contact Stuart Ericson at wagonerlawyer.com. Read more »
How Do Gun Crimes Relate to Prior Felony Convictions in Oklahoma?
In this blog post, Oklahoma lawyer Stuart Ericson explores the relationship between gun crimes and prior felony convictions in Oklahoma. He explains that it is a felony to knowingly possess or have immediate control over a firearm if you are a prior convicted felon. Ericson discusses the challenges that arise when determining ownership of a firearm found in a car and emphasizes the importance of understanding the facts surrounding the case. He concludes by encouraging anyone facing charges related to the possession of a firearm after a former felony conviction to reach out to him for guidance. Read more »
How Can an Alibi Be Effectively Used to Defend Against Charges in Oklahoma?
In this blog post, Wagoner attorney Stuart Ericson discusses the importance of using an alibi defense in criminal charges in Oklahoma. He explains that an alibi defense involves proving that the defendant was present at a different location at the time of the crime. Ericson emphasizes the need to bring up the alibi defense in a timely manner and gather evidence and witnesses to support it. He also mentions the possibility of convincing the prosecutor to dismiss the charges if they realize they have the wrong person. Ericson encourages readers to consult with him for any questions or concerns about the alibi defense or other criminal defense strategies. Read more »
Should a Defendant Testify in Their Own Jury Trial in Oklahoma?
In this blog post, Wagoner Attorney Stuart Ericson discusses the decision of whether a defendant should testify in a jury trial. He emphasizes that it ultimately comes down to the defendant's choice, but strategic considerations should be taken into account. For instance, if the defendant has prior felony convictions, testifying may lead to the prosecutor attempting to smear their credibility. However, there are certain situations where testifying may be beneficial, such as in self-defense cases or when providing an alibi. Erickson warns against defendants who simply want to give their side of the story, as this can often backfire. He concludes by urging defendants to consult with their attorney to determine the best course of action. Read more »
How Do Jurors Use Evidence and Inferences in Oklahoma Jury Trials?
In Oklahoma jury trials, jurors are instructed to use evidence and make reasonable inferences when making their decisions. They are allowed to use their common sense and draw conclusions from the testimony presented. Direct evidence, such as eyewitness testimonies or photographs, is considered solid proof of a fact. However, in cases where there is no direct evidence, jurors can rely on circumstantial evidence. Circumstantial evidence is defined as facts or circumstances that lead to reasonable inferences about the guilt or innocence of the defendant. Although the defense attorney may challenge these inferences, the law recognizes that circumstantial evidence can hold the same weight as direct evidence. Understanding how jurors use evidence and inferences is crucial in navigating a jury trial. Reach out to Stuart Ericson at wagonerlawyer.com for any further questions. Read more »
What Does a Preliminary Hearing in Oklahoma Entail?
In Oklahoma, a preliminary hearing is a right for defendants in felony cases. It is a probable cause hearing where the state must provide evidence, usually through witnesses, to show that a crime was committed and that the defendant is likely responsible. This hearing is not about determining guilt beyond a reasonable doubt or having a jury trial but serves as a valuable opportunity for the defense to hear state witnesses testify under oath. By doing so, the defense can hold them accountable for their statements and prevent them from changing their story later on. While some attorneys may choose to waive preliminary hearings, it is advisable to only do so if there is a solid plea deal in place. Otherwise, preserving the right to a preliminary hearing can help secure a favorable plea bargain or prepare for a jury trial. It is important to consult an experienced attorney to discuss the best course of action based on the specific circumstances of your case. Read more »
What Ways Can a Jury Trial End in Oklahoma?
In this blog post, Oklahoma lawyer Stuart Ericson provides insights into the different ways a jury trial can end in Oklahoma. He emphasizes that once a case is filed, there are limited options for resolution. The case can be dismissed, a plea bargain can be negotiated, or a jury trial can be pursued. Ericson explains that there are exceptions to both a jury trial and a plea bargain, such as opting for a bench trial or a blind plea. He highlights the importance of considering the risks and rewards of each option and ultimately leaving the decision to the client. For more information on criminal case resolutions in Oklahoma, readers are encouraged to reach out to Ericson through his website, wagonerlawyer.com. Read more »
What Happens After Closing Arguments Are Done in an Oklahoma Jury Trial?
In the final stages of an Oklahoma jury trial, after the closing arguments are completed, there is a period of waiting for the jury's verdict. This waiting period can be excruciating for the defense attorney, the defendant, and their family members. The jury can take anywhere from minutes to days to reach a verdict. Once the verdict is reached, the judge and clerk are notified, and everyone is called back into the courtroom. The judge may ask the foreperson if they want to read the verdict or if they want the judge to do it. The verdict is then read aloud, determining whether the defendant is found guilty or not guilty. This marks the end of the jury trial portion. The jury may also recommend a sentence, which the judge will typically confirm during a later sentencing date. Read more »
What Are Closing Arguments in an Oklahoma Jury Trial?
In an Oklahoma jury trial, closing arguments mark the final stage before the jury makes its decision. After all the evidence has been presented and the jury instructions have been given, the state of Oklahoma, as the party with the burden of proof, goes first in presenting their closing arguments. They typically summarize the facts, present their theory of the case, and emphasize the importance of the jury instructions in finding guilt. As a defense attorney, I then have the opportunity to poke holes in the state's case and remind the jury of the requirement to prove guilt beyond a reasonable doubt. I try to anticipate the prosecutor's arguments and provide counterpoints to them. Once both sides have presented their closing arguments, the trial ends and the jury begins deliberations. For more information, visit my website at wagonerlawyer.com. Read more »
How Does a Jury Make Decisions in an Oklahoma Jury Trial?
In an Oklahoma jury trial, the roles and responsibilities of those involved are clearly defined. The prosecutor presents evidence and argues for guilt, while the defense attorney protects the defendant and presents evidence in their favor. However, when it comes to the law, the judge takes charge, making rulings on objections and producing the jury instructions. But it is the jury who holds the power when it comes to determining the facts and deciding what to believe. They carefully observe all the witnesses and make their own judgments, disregarding testimonies they find unconvincing. The jury then applies the facts they believe to the law, ultimately deciding guilt or innocence. While judges have significant influence, the final decision lies with the jury. For any questions regarding jury trials, reach out to Stuart Ericson at wagonerlawyer.com. Read more »
What Happens After All Evidence Is Presented in an Oklahoma Jury Trial?
In an Oklahoma jury trial, once all the evidence has been presented and both the defense and the prosecution have rested their cases, a break is taken. During this time, the attorneys confer with the judge to determine the jury instructions based on the evidence presented. As a defense attorney, you may propose additional instructions if you believe there is evidence to support charges lesser than what the state has charged. The state also proposes their own instructions, and together with the judge, a final list of jury instructions is determined. These instructions form the law that the jury must consider when reaching their verdict. If you have any questions about jury trials, feel free to contact me at wagonerlawyer.com. Read more »
What Happens after All Witnesses Are Called in an Oklahoma Jury Trial?
In an Oklahoma jury trial, what happens after all witnesses are called? Attorney Stuart Ericson explains that once the state calls all of their witnesses and rests their case, the defense attorney has the opportunity to make a motion for a demur, claiming that the state's evidence is not sufficient for a conviction. While these motions are typically overruled, the judge then turns to the defense attorney and says, State, your turn. Ericson shares a strategic decision he made in a first-degree murder trial, where he chose not to call any witnesses. By resting his case, he highlighted the weakness of the state's evidence and ultimately secured a not guilty verdict. Ericson emphasizes the importance of thinking things through and making strategic decisions in jury trials. Read more »
How Is Evidence Presented in an Oklahoma Jury Trial?
In an Oklahoma jury trial, evidence is presented through various means. Testimony plays a crucial role, where witnesses recount their experiences and provide information about the case. This can be the alleged victim explaining the details of the attack or any other relevant information. Additionally, physical evidence such as photographs, video surveillance, fingerprints, or objects found at the scene are introduced. These pieces of evidence are carefully documented and examined before trial, allowing for potential objections if flaws or issues are identified. The presentation and authentication of evidence must adhere to legal standards, and any unlawfully obtained or presented evidence can be objected to. It is crucial to understand the different types of evidence and the strategies involved in either admitting or excluding them. If you have any questions about jury trials, feel free to contact Wagoner Attorney Stuart Ericson at wagonerlawyer.com. Read more »
What Happens During a Jury Trial in Oklahoma?
In a jury trial in Oklahoma, the process begins with jury selection and the judge giving instructions. After the state and defense deliver their opening statements, the state calls their first witness. The witness takes an oath and the state asks non-leading questions to gather evidence. Following the state's questioning, the defense attorney gets the opportunity to cross-examine the witness. This cross-examination is crucial as it allows the defense to challenge the witness's credibility, biases, and inconsistencies. Cross-examination requires thorough preparation, including reviewing police reports and previous statements. Depending on the witness's importance, the defense attorney may ask numerous questions or choose not to question at all. Cross-examination plays a significant role in the trial, and if you have any questions, you can contact Stuart Ericson at wagonerlawyer.com. Read more »
What Happens After a Jury Is Selected in Oklahoma?
In Oklahoma, after a jury is selected, the judge provides introductory legal instructions on how the jurors should conduct themselves during the trial. Some judges allow note-taking, while others do not. Following this, each side has the opportunity to give an opening statement. The burden of proof lies with the prosecution, so they present their opening statement first, providing a preview of the evidence they intend to introduce. The defense can either give their opening statement at this time or choose to do so later, before presenting their own witnesses. It is essential for the defense to give their opening statement early on to counter any initial bias the jurors may have towards the prosecution's case. Opening statements serve as a preview of the evidence and should not include arguments. If the prosecution veers into argumentative territory, objections can be raised. Every stage of a jury trial is crucial, especially the beginning, as it shapes the jurors' first impressions of the attorneys and the evidence. If you have any questions about jury trials, contact Oklahoma attorney Stuart Ericson at wagonerlawyer.com. Read more »
What Is a Jury Selection in Oklahoma?
In Oklahoma, the beginning of a jury trial involves a crucial process known as jury selection, or voir dire. This is where the judge, the attorney for the state, and the defendant's attorney ask potential jurors questions to determine their background and biases. Wagoner Attorney Stuart Ericson emphasizes the importance of understanding how jurors think and whether they are predisposed to keeping an open mind or have a closed mind. As the defendant's attorney, Ericson has the opportunity to kick off potential jurors for cause, based on legal reasons. The number of peremptory challenges depends on the case. Ericson encourages clients to be involved in the jury selection process and seek his guidance when deciding between a plea deal or a jury trial. For more information, visit wagonerlawyer.com. Read more »
What Is Negligent Homicide in Oklahoma?
In Oklahoma, negligent homicide is a serious charge with specific elements. Stuart Ericson, a lawyer in Oklahoma, explains that negligent homicide involves the death of a human caused by a defendant's reckless disregard for the safety of others while driving a vehicle on a highway. The death must occur within a year of the injury caused by the defendant, who must be at least 16 years old. Ericson advises that if you find yourself facing a negligent homicide charge, it is crucial to gather all the facts, consult an experienced attorney, and explore possible defenses. For more information or legal assistance, you can contact Stuart Ericson at WagonerLawyer.com. Read more »
What Is Manslaughter in Oklahoma?
In Oklahoma, manslaughter involves the death of a human caused by the defendant. It is crucial to note that the death must not be excusable or justifiable and must be inflicted in a cruel and unusual manner. Additionally, manslaughter can occur when the defendant acts in a heat of passion or uses a dangerous weapon during the conduct that caused the death. To qualify as a heat of passion, certain requirements must be met, such as adequate provocation and the existence of strong emotions like fear, anger, or resentment. It is important to consult an experienced attorney to navigate the complex and fact-specific nature of manslaughter cases. Read more »
What Are Elements of a Second-Degree Murder Charge in Oklahoma?
In this blog post, Wagoner lawyer Stuart Ericson discusses the elements of a second-degree murder charge in Oklahoma. He explains that in order to convict someone of second-degree murder, the state must prove several elements. These include the death of a human, caused by conduct that was imminently dangerous to another person, and that the conduct was that of the defendant. Additionally, the conduct must evince a depraved mind with extreme disregard for human life, and it must not be done with the intention of taking the life of any particular individual. Stuart provides examples to illustrate how these elements apply in real-life scenarios, such as shootings into a crowd or driving a car into a crowd. He concludes by mentioning that there are other levels of murder in the second degree, as well as first-degree murder, which he will discuss in future blog posts. Read more »
What Are Elements of a First-Degree Murder Charge in Oklahoma?
In this blog post excerpt, Oklahoma lawyer Stuart Ericson discusses the elements of a first-degree murder charge in Oklahoma. He explains that the state must prove four key elements for a conviction: the death of a human, an unlawful death, a death caused by the defendant, and a death caused with malice of forethought. Stuart clarifies that the death cannot be a missing person case or an injury, but must be the death of a human being. He also notes that self-defense killings can be lawful. Stuart emphasizes that although these are the basic elements of first-degree murder, there are many factors and potential defenses to consider in murder cases. Read more »
What Is an Initial Appearance in Oklahoma?
In Oklahoma, the first court appearance after an arrest is known as the initial appearance. Often confused with the arraignment, which is the actual first time you go to court, the initial appearance is when you show up for the first time after bonding out. At this point, most people don't have an attorney yet, so the judge will inquire if you have hired one or not. If not, they usually give you around 30 days to find representation, especially for misdemeanors and felonies. However, if you choose to represent yourself, the judge may revoke your bond and appoint a public defender. While it may be challenging, everyone has the right to defend themselves. It is highly recommended to hire an attorney for criminal cases, as the consequences can be severe. The initial appearance sets the stage for the case and determines the next steps, such as setting a plea or preparing for trial. If you have any questions or need guidance on the arrest process, feel free to contact Stuart Erickson at Wagner Attorney. Read more »
What Is an Alibi in Oklahoma?
In Oklahoma, an alibi is a common defense strategy in criminal cases. Attorney Stuart Ericson explains that an alibi is evidence that proves the defendant was at a different location at the time the crime was committed. To use this defense, the defendant must provide notice to the state of Oklahoma and present strong evidence, such as witnesses or ticket stubs, to support their claim. While a defensive alibi can be a powerful defense, it is important to note that it does not guarantee acquittal. The state may still disagree with the alibi and proceed with charges. For more information on alibi defenses, contact Stuart Ericson at WagonerLawyer.com. Read more »
What Is Maiming in Oklahoma?
In this blog post, Oklahoma lawyer Stuart Ericson sheds light on a lesser-known crime: maiming. He explains that maiming involves intentionally inflicting physical injuries that disable, disfigure, or seriously diminish a person's physical vigor. Unlike common assaults or fights that result in injuries, maiming requires the state to prove the perpetrator's intent to cause disfigurement or injury. Stuart emphasizes the significance of this crime, as it goes beyond simple assault and battery and is considered a felony. If readers have any further inquiries about maiming or related offenses, Stuart encourages them to reach out to him at wagonerlawyer.com. Read more »
