Wagoner Lawyer Blog
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 »
What Is Kidnapping in Oklahoma?
In this blog post, Wagoner attorney Stuart Ericson explains the elements and consequences of kidnapping in Oklahoma. While not a commonly discussed crime, kidnapping can occur even in dating relationships. Under state law, kidnapping involves unlawfully seizing, confining, or abducting another person with the intent to keep them against their will. This felony offense requires evidence of confinement and the use of force or effort by the defendant to prevent the victim from escaping. Ericson emphasizes the importance of examining all the facts and details in a case, consulting with the client, and potentially negotiating a plea bargain or crafting a defense strategy. Should readers have any questions about kidnapping, they are encouraged to contact Stuart Ericson at WagonerLawyer.com. Read more »
What Is Domestic Assault and Battery in Oklahoma?
In Oklahoma, domestic assault and battery refers to crimes committed against a spouse, living girlfriend, or someone in a relationship. Stuart Ericson, a Wagoner Lawyer, explains that domestic abuse can involve assault and battery, as well as strangulation. To be considered domestic strangulation, the act must involve the willful and unlawful use of force with the intention to cause great bodily harm. Strangulation is defined as any form of asphyxia resulting from external pressure on the head or neck, leading to closure of the blood vessels or air passage. Ericson emphasizes that each case is unique and requires a thorough examination of evidence, including photographs and witness testimonies. If you have any questions about domestic assault and battery, you can reach out to Stuart Ericson for guidance. Read more »
How Broad is Assault and Battery in Oklahoma?
In this blog post, Oklahoma attorney Stuart Ericson discusses the broad scope of assault and battery offenses in the state. He explains that every crime has specific elements that need to be proven, and assault and battery is no exception. Oklahoma state law outlines various categories of individuals who can be victims of assault and battery, including police officers, school employees, DHS workers, corrections employees, and emergency medical care providers. The severity of the offense can also vary depending on the weapon used and the identity of the victim. Stuart Ericson invites readers to contact him at WagonerLawyer.com for any questions related to assault and battery charges. Read more »
What Is Assault and Battery with a Dangerous Weapon in Oklahoma?
In this blog post, Wagoner lawyer Stuart Ericson explains the crime of assault and battery with a dangerous weapon in Oklahoma. He discusses the elements of the crime that the state would have to prove in order to convict someone, including the presence of a threat and physical contact with a sharp or dangerous weapon. Ericson also explores what constitutes a dangerous weapon, which can range from guns to everyday objects that can cause bodily harm. He advises anyone facing charges related to assault and battery with a dangerous weapon to consult a criminal defense attorney to build a solid defense. Read more »
What Is "Shooting with Intent to Kill" in Oklahoma?
In Oklahoma, shooting with intent to kill is a serious crime with three specific elements. Attorney Stuart Ericson explains that the act involves intentionally and wrongfully shooting or discharging a firearm with the intention to kill another person. It is important to note that shooting up in the air or shooting to miss does not qualify as shooting with intent to kill, but rather as assault with a dangerous weapon or another crime. Proving intent to kill can be challenging for the prosecution, and various factors come into play, such as shooting into a crowd or unintentionally hitting someone else. If you have any questions about this crime or other shooting-related offenses, it is advisable to consult a criminal defense attorney. Contact Stuart Ericson at wagonerlawyer.com for further assistance. Read more »
What Is Assault and Battery in Oklahoma?
In Oklahoma, assault and battery are two distinct offenses. Assault refers to the attempt or threat of physical violence, while battery involves actual physical contact. When both assault and battery occur together, it is known as assault and battery. These crimes are classified as misdemeanors and carry a maximum penalty of 90 days in county jail. However, if weapons are involved or the circumstances are more severe, it could escalate to a felony charge. If you have any questions or need legal assistance, don't hesitate to contact me, Stuart Ericson, at WagonerLawyer.com. Read more »
What Are Second or Subsequent Offences in Oklahoma?
If you have a prior felony conviction and get charged with another offense in Oklahoma, it can have serious consequences on your punishment. The state of Oklahoma will file a page two or supplemental information that alleges your previous conviction. Depending on the nature of the previous conviction, your punishment range for the new offense may increase drastically. If you have one prior felony conviction and a new offense, your punishment range may become 10 to life for a violent offense or 2 to life for a non-violent offense exceeding five years. If you have two or more prior felony convictions, your punishment range may become 20 to life for a violent offense or three times the minimum to life for a non-violent offense. It's crucial to understand the impact of prior convictions and seek guidance from an experienced criminal defense attorney. Read more »
What Are "Parties to a Crime" in Oklahoma?
Learn about parties to a crime in Oklahoma with Stuart Ericson, a Wagoner attorney. According to Oklahoma law, there are two types of parties to crimes: principles and accessories. Principles are individuals who commit the crime or aid and abet in its commission. A classic example is a bank robbery where the driver, lookout, and individuals with guns demanding money are all principles. Meanwhile, accessories are those who help conceal or aid after the fact of a crime. To be an accessory, individuals must know that a crime has been committed. Understanding these labels is critical because they have different consequences, liability, and sentencing ranges. Contact Stuart Ericson for more information. Read more »
What Is the Defense of Duress in Oklahoma?
In Oklahoma, a person charged with a crime may be entitled to the defense of duress if they committed the crime because of a reasonable belief that they were in imminent danger of death or great bodily harm from another. However, it must be a reasonable belief, and it cannot be a fear of just any injury. The defense is very fact-specific, and juries will decide whether your belief was reasonable and whether there was a reasonable opportunity to escape the danger. Once you make a sufficient showing of evidence for this defense, the burden of proof goes to the state to prove that the crime was not committed under duress. If you have any questions about this defense, contact Stuart Ericson at WagonerLawyer.com. Read more »
What Is Entrapment in Oklahoma?
Entrapment is a defense that can be used when a person has no previous intent to commit a crime but is induced or persuaded by law enforcement to do so. In Oklahoma, the defense of entrapment can be exercised only if the person can provide sufficient evidence to support it. The burden of proof then switches to the prosecution, who must show that no entrapment occurred. The decision on whether entrapment occurred is ultimately decided by a jury in a trial. It is crucial to note that this defense is fact-specific and must be raised by the defense. If you have any questions about entrapment or other defenses, contact Stuart Ericson at WagonerLawyer.com. Read more »
What Is "Harboring a Fugitive" in Oklahoma?
Do you know what harboring a fugitive means in Oklahoma? According to Wagoner attorney Stuart Ericson, it's when you have knowledge that someone is a fugitive from justice, and you help them hide, conceal, or avoid arrest in any way. It's a felony in Oklahoma and carries up to 10 years in prison. However, it's important to note that everything is fact-driven and fact-specific, so it's best to contact an attorney to find out if you're potentially in trouble or not. Remember, knowledge is the key, and if questioned by law enforcement, exercise your right to remain silent and contact an attorney. Read more »
What Is a District Court Arraignment (DCA) in Oklahoma?
The defendant's case is set for a DCA, where they enter a formal plea of guilty or not guilty in front of a district judge. Read more »
What Is a Criminal Preliminary Hearing in Oklahoma?
The hearing is not a trial and only the prosecution witnesses are heard. The defense does not usually call witnesses. Read more »
What Are the Possible Punishments in Oklahoma Criminal Cases?
The possible punishments for criminal cases in Oklahoma are prison or probation. Probation includes a suspended sentence. Read more »
Should I Talk to the Police in the Beginning of a Criminal Investigation in Oklahoma?
If detained or arrested, the police will have to give one's Miranda rights, which should be exercised. It is highly advised. Read more »
