Criminal Law

It’s Important to Prove Where You Were during a Crime   Video Transcribed: This is Stuart Ericson, a Wagoner lawyer. We are talking about some defenses to accusations or charges of criminal conduct. One of the defenses is the alibi defense. I think we've all heard of the alibi defense, "Hey, I have an alibi," which basically means you're presenting facts or evidence that … [Read more...] about Oklahoma Criminal Defense: Alibi

Is It Legal to Defend Yourself from an Attack? Video Transcribed: My name is Stuart Ericson. I am a lawyer in Wagoner, Oklahoma. Today we're going to talk about some defenses to criminal accusations or criminal charges. Of course, one of the main ones is self-defense. Of course, that is when you are defending yourself against an attack or against an aggressor. And of … [Read more...] about Oklahoma Criminal Defense: Self-Defense

You Can Be Equally Guilty for Just Participating in a Crime Video Transcribed: This is Wagoner attorney Stuart Ericson, and we are talking about aiding and abetting. So a lot of people are charged with crimes and they basically come to me and say, "But I didn't do it." I look at the criminal charges, they could do criminal information and it charges them with a crime. And … [Read more...] about Oklahoma Crimes: Aiding and Abetting

You Have the Right to a Fair Trial Video Transcribed: Hello, I'm Stuart Ericson, a Wagoner lawyer. We're kind of going through some of the Constitutional rights found in the Bill of Rights that apply to us, US citizens. We're going to go over the Sixth Amendment right in the Bill of Rights, Rights to a Fair Trial. I will go ahead and read that because it is very … [Read more...] about Oklahoma Law: Sixth Amendment Rights

You Have the Right to Remain Silent   Video Transcribed: This is Wagoner, Oklahoma Lawyer Stuart Ericson, and we are continuing our talk on the Bill of Rights, our rights as US citizens, as it comes in regard to criminal cases. Today we'll talk about the Fifth Amendment, your Fifth Amendment rights, which is in the Bill of Rights, and I will read that. Amendment Number … [Read more...] about Oklahoma Law: Right to Plead the Fifth

Your Fourth Amendment Right Can Protect You from Unnecessary Searches Video Transcribed: Hello, I am a lawyer in Wagoner, Oklahoma. My name is Stuart Ericson, and we'll be talking about the rights of US citizens in criminal cases. We're going to go through the rights found in the amendments to the Constitution, which are called the Bill of Rights. And so the fourth … [Read more...] about Oklahoma Law: Rights of U.S. Citizens in Criminal Cases

The Statute Could Be Limited Depending on Crime Severity Video Transcribed: This is Stuart Ericson, an Oklahoma lawyer, and today we're going to talk about the statute of limitations. The statute of limitations is basically, in layman's terms, how long the state of Oklahoma has to file criminal charges against a person based on when the crime was committed. So … [Read more...] about What Is the Statute of Limitations in Oklahoma?

Warrants Depend on the Level of Crime Committed   Video Transcribed: My name is Stuart Ericson and I am an attorney in Wagoner. Today we're going to talk about arrests. There are two types of arrests, arrests with a warrant and arrests without a warrant. So first arrest with a warrant. So with a warrant, that's a situation where the arrest comes much later. A crime is … [Read more...] about Oklahoma Arrests: Warrant vs. Without Warrant

Larceny Requires an Intent to Steal Something, While Burglary May Not Involve a Theft at AllVideo Transcribed: I am Stuart Ericson, I am an attorney in Wagoner. Talking about crimes in Oklahoma, the differences between common ones that are talked about, and some confusion about what some of them really mean. So let's talk about burglary versus larceny and a little bit of … [Read more...] about Oklahoma Law: Burglary vs Larceny

Assault and Battery Are Related but Distinct CrimesVideo Transcribed:  I am Stuart Ericson, I am an attorney in Wagoner, talking about crime in Oklahoma and criminal cases. And I want to talk about assault, battery, and assault and battery, and there are a lot of different crimes within that. And so, let's talk about that and understand that. Assault is the … [Read more...] about Assault and Battery: What Is the Difference?

Evidence Is Used to Prove or Disprove Unresolved Issues in CourtVideo Transcribed: I am Stuart Ericson, I am an attorney in Wagoner. What is evidence? And how does that work in a case, criminal or civil? Evidence is in Title 12 of the Oklahoma statutes, which are the law books. And just some of the highlights of evidence, of course, are relevant. Evidence has to be … [Read more...] about How Evidence Does Work in a Case?

Oklahoma Has Two Criminal Offense Classifications: Felonies and MisdemeanorsVideo Transcribed: I am Stuart Ericson, I am an attorney in Wagoner. Going to talk about Oklahoma crime statutes briefly. What are the two types of crimes that Oklahoma law has? Of course, felonies and misdemeanors. Felonies are more serious than misdemeanors, and they carry … [Read more...] about What Are the Two Main Classifications of Crimes in Oklahoma Law?

Life Behind Bars is a Possible PunishmentVideo Transcribed: What are the possible punishments in criminal cases in the state of Oklahoma? I am Stuart Ericson, I am an attorney in Wagoner. So generally speaking, there are three possible punishments in a criminal case. The first, of course, the maximum punishment, is going to prison. For most crimes in Oklahoma, a prison … [Read more...] about What Are the Possible Punishments in Criminal Cases in Oklahoma?

Contact an Attorney When NeededVideo Transcribed: What is a criminal information? I am Stuart Ericson, I am an attorney in Wagoner. Once you are charged with a crime, the official charging document or paperwork is called a criminal information. And this is a criminal information, it's a real piece of paper. And it is actually titled, information. Here's what it lists on … [Read more...] about What Is a Criminal Information?

Contact an Experienced Attorney When NeededVideo Transcribed: Crimes in Oklahoma. I am Stuart Ericson, I am an attorney in Wagoner. Every crime in Oklahoma is listed in our statute books, in our law books, and of course, they have to be, they're all found in Title 21 of the Oklahoma law. So each crime is listed in the law books and it states what the elements of each … [Read more...] about Crimes in Oklahoma: What You Must Know

Discover Is Where Information Is ExchangedVideo Transcribed: What is an Allen Discovery Hearing in a criminal case? I am Stuart Ericson, I am an attorney in Wagoner. An Allen Discovery Hearing is a court hearing where both sides, the defendant and the state of Oklahoma, announce where the discovery process is. Discovery is all the information in the case. It's all the … [Read more...] about What Is an Allen Discovery Hearing in a Criminal Case?

A District Court Arraignment Is the First Step of the Legal ProcessVideo Transcribed: What is a district court arraignment? I am Stuart Ericson, I am an attorney in Wagoner. After a preliminary hearing in a criminal case, your case will be set for DCA, which stands for a district court arraignment. That is where you are in front of a district judge in the county in which … [Read more...] about What Is a District Court Arraignment?

Plea Bargains Are Agreements between Defendants and ProsecutorsVideo Transcribed: What is a plea deal or a plea bargain or a deal? I am Stuart Ericson, I am an attorney in Wagoner. So once the criminal case begins and you've had your initial appearance and you're either set for a misdemeanor disposition docket or a preliminary hearing, the district attorney's office will … [Read more...] about What Is a Plea Deal?

A Preliminary Hearing Is Similar to a Mini-TrialVideo Transcribed: What is a criminal preliminary hearing? I am Stuart Ericson, I am an attorney in Wagoner. All right, so in a felony case, the first court date after your initial appearance will be for a preliminary hearing. And that is a probable cause hearing, where the state has to produce some evidence to justify your … [Read more...] about What Is a Criminal Preliminary Hearing?

The Criminal Process Can Start in Two WaysVideo Transcribed: How does the actual criminal process start? I am Stuart Ericson, I am an attorney in Wagoner. So the criminal process can start in two ways if you are the subject of the criminal activity. There can be a bench warrant out for your arrest and you might not even know it; or of course, number two, you'll just flat … [Read more...] about How Does the Criminal Process Start?

Remain SilentVideo Transcribed: Should you talk to the police at the beginning of a criminal investigation? I am Stuart Ericson, I am an attorney in Wagoner. So at the beginning of a criminal investigation that you might be the target of, you could be detained by the police, you could be asked to come in for questioning, or you could be arrested. I advise you to … [Read more...] about Should You Talk to the Police in the Beginning of a Criminal Investigation?

A Consecutive Sentence Are Served Back to BackVideo Transcribed: What is the difference between a concurrent sentence or a consecutive sentence in Oklahoma law? I'm Stuart Ericson, Wagoner attorney. So if you have multiple counts, let's say you are charged with a crime, and there's a count one, a count two, a count three, and maybe there's even another case, there's a … [Read more...] about What Is the Difference Between a Concurrent Sentence or a Consecutive Sentence in Oklahoma Law?

An Application to Revoke Is to Revoke a Suspended SentenceVideo Transcribed: What is an application to revoke or an application to accelerate in Oklahoma Law? I am Stuart Erickson, Wagoner attorney. After a plea deal of probation in Oklahoma, there are two types of probation, there's a suspended sentence, will you be on probation, or a deferred sentence when you're on … [Read more...] about What Is an Application to Revoke or an Application to Accelerate in Oklahoma Law?

A Blind Plea Is a Plea to a Judge without a Plea DealVideo Transcribed: What is a blind plea in Oklahoma criminal law? I am Stuart Ericson, Wagoner attorney. A blind plea is a plea to a judge without a plea deal. People have watched TV shows, Law and Order, and there's a plea deal where the prosecution offers a deal to a defendant. A normal plea deal will say, Hey, the deal is, … [Read more...] about What Is a Blind Plea in Oklahoma Criminal Law?