Criminal Law

Challenge the Evidence, Protect Your Freedom Video Transcribed: Hi, I'm Stuart Ericson, a lawyer in Oklahoma. Today's question is, in a criminal case, what is a birch notice? When you're charged with a crime, let's say it's a rape, and you have been convicted of a prior rape. The state of Oklahoma, say, wants to use the prior rape as a means of evidence to convict you … [Read more...] about What Is a Birch Notice in Oklahoma?

The Truth behind Lie Detector Tests  Hi, this is Wagoner Attorney Stuart Ericson. Today, we're going to talk about, in a criminal context, lie detector tests. So number one, a lie detector test is a technology where that measures bodily heartbeat and other things on the graph, where an expert tries to determine if you are telling the truth or not, whether or not … [Read more...] about How Are Lie Detectors Used in an Oklahoma Criminal Case?

From Spark to Inferno: The Spectrum of Arson Charges Video Transcribed: Hi, I'm Stuart Ericson, an attorney in Oklahoma. Today we're going to talk about arson, which obviously in layman's terms means to start a fire and to burn something, is arson. In Oklahoma, there's first-degree, second-degree, third-degree, and fourth-degree arson. Each is a little bit different. … [Read more...] about What Is Arson in Oklahoma?

Don’t Let Your Past Mistakes Haunt Your Future Video Transcribed: Hi, I'm Stuart Ericson, a lawyer in Oklahoma, and today we're going to talk about, what is the impact of a prior felony conviction in Oklahoma. So if you have a prior felony conviction, obviously it could just limit your rights in general. Rights to serve on a jury, and to vote, obviously could … [Read more...] about What Is the Impact of a Prior Felony Conviction in Oklahoma?

All the Evidence, All on the Table Video Transcribed: Hi, I'm Oklahoma lawyer Stuart Ericson. Today we'll discuss how discovery works in Oklahoma, in criminal cases. Discovery is what attorneys call it and what the courts call it. And basically, it is, from the law enforcement side of things, it is all of their police reports, witness statements, fingerprint tests, … [Read more...] about How Does Discovery in Criminal Cases Work in Oklahoma?

Justice for All Video Transcribed: Hi, this is Wagoner lawyer Stuart Ericson. Today we're going to talk about evidence in a criminal case to the extent of, what if the state of Oklahoma and law enforcement and their investigators find evidence that might be favorable to the defense, or somewhat weaken their case? Now, this all started in the 1960s, and after, as you … [Read more...] about What if Favorable Evidence or Evidence That Weakens a Case Is Found in Oklahoma?

In Plain Sight, No Privacy Rights Video Transcribed: This is Oklahoma lawyer Stuart Ericson. Today we're going to talk about searches of property. When can law enforcement or police search your property? Number one, as with almost anything, law enforcement can search if you give them permission to. If they ask, "may we search your house, search your property, search … [Read more...] about When Can Law Enforcement Search Your Property in Oklahoma?

It’s Your Right to Remain Silent, but Is It in Your Best Interest? Video Transcribed: Hi, this is Wagoner attorney Stuart Ericson. Today we're going to talk about whether should you testify at your criminal trial. So if you're a defendant, and you choose to go to a jury trial, should you testify? Number one, of course, is you have a right not to testify. You … [Read more...] about Should I Testify at My Criminal Trial in Oklahoma?

Plea Bargains Could Be Worth More than Trial Sentences Video Transcribed: Hi, I'm Stuart Ericson, an attorney in Wagoner, Oklahoma, and we are going to discuss the pros and cons of a plea bargain. So if you're charged with a misdemeanor or a felony, the state of Oklahoma will give you a plea offer. The plea offer could be 10 years in prison, it could be five years … [Read more...] about What Are the Pros and Cons of a Plea Bargain in Oklahoma?

Possession of Firearms Could Lead to Consequences Video Transcribed: Hi, this is Oklahoma lawyer Stuart Ericson out in Wagoner. Today we're going to talk about possession of a firearm after commissioned for being convicted of a prior felony offense. In Oklahoma, if you have a previous felony conviction, whether in Oklahoma or out of state, so you have that prior … [Read more...] about Can You Possess a Firearm after a Conviction in Oklahoma?

Resisting Has to Involve Use of Force or Violence Video Transcribed: Hi, I'm Stuart Ericson, an attorney in Wagoner County, and today we're going to talk about resisting an officer, and resisting arrest. It is a misdemeanor and carries a punishment of up to one year in county jail and fines. The elements, first of all, it's found in Title 21 of the Oklahoma law, section … [Read more...] about Is Resisting Arrest Illegal in Oklahoma?

Obstruction Could Lead to a Year in Jail Video Transcribed: Hi, this is Wagoner Attorney Stuart Ericson. Today we're going to talk about the misdemeanor crime of obstructing an officer. That is found in Title 21, which is where most of the criminal charges are, crimes are. Section 540. Again, it's a misdemeanor. It's punishable by up to one year in county jail with some … [Read more...] about Is Obstructing a Police Officer Illegal in Oklahoma?

Rule Eight Can Determine Fees and Costs When Cases End Video Transcribed: Hi, this is Stuart Ericson. I'm an attorney in Oklahoma. Today we're going to talk about fines and costs and a rule eight hearing. So at the conclusion of every criminal case, whether it's by plea bargain or after a jury trial and your sentence, there are going to be fines, just criminal fines … [Read more...] about What Is a Rule 8 Hearing in Oklahoma?

Statements Have to Be Proven Video Transcribed: Hi, my name is Stuart Ericson. I am a lawyer in Wagoner, Oklahoma. Today we're going to talk just a little bit about hearsay. Hearsay is in the evidence code, and the definition of it is when a witness on the stand attempts to admit an out-of-court statement or a statement from somebody else and tries to claim that the … [Read more...] about What Is Hearsay in Oklahoma?

Consider Your Plea Offers before Waiving a Prelim Video Transcribed: Hi, this is Stuart Erickson, Wagoner lawyer. Today, we're going to talk about preliminary hearings and whether to waive them or not. Now, a waiver means to give something up. Every defendant in a criminal felony case has a right to a preliminary hearing, which is a probable cause hearing to show two … [Read more...] about Can You Waive a Preliminary Hearing in Oklahoma?

Probable Cause Is Needed to Move a Case Forward Video Transcribed: Hi, I'm Stuart Ericson, an attorney in Wagoner. Today we're talking about what is a preliminary hearing and that is found in Title 22, section 258 of the Oklahoma statutes, the law. So a preliminary hearing is only conducted in felony criminal cases. So misdemeanors, there is no preliminary hearing. … [Read more...] about What Is a Preliminary Hearing in Oklahoma?

Eluding Could Be Charged as a Misdemeanor or a Felony Video Transcribed: Hi, this is Wagoner lawyer Stuart Ericson. Today, we're talking about when is eluding a police officer a crime in Oklahoma. Eluding a police officer is basically the chase. The lights on the police car come on, and the person does not pull over, speed away, try to hide, or just get away from and … [Read more...] about Is Eluding a Police Officer a Crime in Oklahoma?

There Are Three Main Ways for Sentencings to Be DecidedVideo Transcribed: Hi, I'm Stuart Ericson, an Oklahoma attorney, and today's question is, how is sentencing for a criminal offense decided? So how is my sentence determined? Of course, there are three main ways. The first and most common way is a plea bargain. Basically, the district attorney's office of a county will … [Read more...] about How Is Sentencing for a Criminal Offence Decided in Oklahoma?

There Are Multiple Ways to See if You Have a Warrant Video Transcribed: Hi, this is Stuart Ericson, Wagoner lawyer. Today's question is, how do I find out if there's a warrant out for my arrest? So people sometimes know they've been involved in an incident, they don't know what's happening, and they've not been contacted yet, but they know there might be a report out … [Read more...] about How Do I Find Out if There Is a Warrant for My Arrest in Oklahoma?

All Facts and Evidence Need to Be Shown to Prove Anything Video Transcribed: Hi, my name is Stuart Ericson. I am a lawyer in Wagoner County. Today, we're going to talk about what does the state or the district attorney's office have to prove in a criminal case? That's a good question. The burden is on the state, the one that is prosecuting the case. They have to prove … [Read more...] about What Does the State of Oklahoma or the District Attorney’s Office Have to Prove in a Criminal Case?

Punishment Could Depend on the Severity of the Violation Video Transcribed: Hi, this is Oklahoma lawyer, Stuart Ericson. And today we're asking the question, will you be incarcerated or go to prison or jail for violating your probation? There are two types of probation. There are deferred probation or suspended probation. A deferred, again to refresh is not a … [Read more...] about Can I Go to Prison for Violating My Probation in Oklahoma?

Violation of a Probation Could Lead You to Imprisonment Video Transcribed: My name is Stuart Ericson. I am an attorney in Wagoner. Today we're talking about just simply probation. When somebody says, "Hey, I got probation," what does that mean or can I get probation? What does that mean? Well, number one, generally it means you're not going to jail, you're not going to … [Read more...] about What Is Probation in Oklahoma?

A 911 Phone Call Is What Starts It All Video Transcribed: This is Wagoner Attorney Stuart Ericson. So how are charges filed in a criminal case? Well, first of all, something has to get to law enforcement's attention. It could be either from a 911 call, either from the victim themselves, or from a third party. It could be from anybody. Somebody calling 911 is going to … [Read more...] about How Are Charges Filed in an Oklahoma Criminal Case?

Conspiracy Is as Bad as Committing a Crime Video Transcribed: Hi, I am a lawyer in Wagoner County. My name is Stuart Ericson. I'm going to talk a little bit about the crime of conspiracy right now. A conspiracy is basically an agreement between two or more people to commit a crime. So it's not the fact that the crime is committed, but there's an agreement, a plan … [Read more...] about Oklahoma Criminal Defense: Crime of Conspiracy

Attempting a Crime Is as Bad as Committing One Video Transcribed: Hi, this is Stuart Ericson, Wagoner attorney, talking about the attempt, the crime of attempt. Attempted robbery, attempted anything, you name the crime. It still is a specific intent crime, so you would have to have a specific intent to commit a crime. The next element would be you have to perform some … [Read more...] about Oklahoma Criminal Defense: Crime of Attempt