In Oklahoma, an Information is the title of the document the State files when it is charging someone with violating the criminal laws of the State of Oklahoma.
Oklahoma is one of four states (the others are: Arkansas, Kentucky, and Missouri) where a jury must recommend the punishment upon delivering a verdict of guilty. Either at the time a jury is deliberating as to whether a defendant is guilty or not guilty or at a separate stage of the trial, the jury is provided the sentencing range for the crime (as provided by law). If a verdict of guilty is rendered, the jury must decide on a sentence within the sentencing range. The trial judge then has the discretion (in most cases, but it in rarely used) to suspend all or a portion of the sentence and order multiple sentences to run either concurrently with each other or consecutively to each other (or some combination thereof).
Yes and no. The cosigner is not going to be liable in the criminal case for the defendant's failure to appear but the cosigner is liable to the bondsman pursuant to the contract the the cosigner signed with the bondsman. The contract with the bondman likely guarantees payment for at least the full amount of the bond should the defendant fail to appear for court and the bond is forfeited. The bondsman likely relied upon the guarantee of the cosigner in his or her decision to post the bond. The best resolution is for the defendant to get with his attorney and surrender immediately. If that occurs, the damages the bondsman can seek from cosigner will likely be substantially less than the bond amount. If that does not occur, it is likely the bondsman will files a civil action against the defendant and cosigner, so the cosigner may need to contact a attorney.
It depends. Contacting an attorney would be the best way to find out specific information and whether it can be accomplished. The answer will likely depend on why the other county has a hold. If it is for a cost warrant, it is likely the costs could be paid (or a payment plan initiated), and the county could release the hold. If it is for a new charge, an application to revoke/accelerate a probated sentence, or a warrant for failure to appear, the judge in the county with the hold is likely going to require the defendant to appear for arraignment. If it was due to a bondsman surrendering the defendant in the other county, a new bond might could be posted resulting in the hold being released. It is going to depend greatly on why the hold exists.
If someone on probation violates the terms of the probation, that person should contact an experienced criminal defense attorney immediately. The court can revoke the sentence in part or in full. If revoked in full, all portions of the sentence that were originally suspended are revoked and what the defendant must serve in prison. A deferred sentence can be accelerated similar to how a suspended sentence can be revoked, except for one major difference. Instead of the court revoking a sentence that has already been imposed and suspended, the court can sentence the defendant to any term of years within the sentencing range for the crime, based on what the law was at the time the crime was committed (with a few exceptions recently enacted).
If you are searching the Sheriff's website for a warrant and it does not appear, it could be for a variety of reasons. One is that the warrant was signed and filed but has not been received by the Sheriff's Department yet. Another could be that you previously posted bond upon your arrest - when that has occurred, the warrant merely gets signed and filed but does not go active because you already have a court date. There a variety of other reasons as well. Contact a criminal defense attorney. If you are not already out on bond, you should also contact a bondsman, who can verify whether the warrant is active and what the bond amount is.
In Oklahoma, you are going to need an attorney. You may apply for a court-appointed attorney. Depending on your financial situation and the value of the bond posted to secure your release from jail (regardless of who posted the bail or paid the bondsman). If you show up without an attorney, some judges will require you to be back in a few hours with an attorney and other judges will permit you a few weeks to hire an attorney. Be prepared for all possibilities.
You should hire a criminal defense attorney immediately. Typically, the complaining party files a police report. The police look into it, and present the case to the DA. If the DA believes (usually purely based on the one-sided reports presented by the officer and statement by the complaining party) probable cause exists that a crime was committed, the DA files an Information. For the State to file a felony, the value/money at issue has to be greater than $1000.
It is difficult to say, but I would strongly encourage you to talk to a criminal defense attorney to obtain advice and representation in seeking to modify the conditions of your probation. Probation conditions do get modified from time-to-time, but the underlying facts of the crime for which the person was sentenced and his/her behavior on probation often are critical factors the Court will consider in determining whether to modify the terms of probation. The attorney you contact to discuss this with will learn a lot more from you and should be able to give you an idea of the likelihood of accomplishing what you seek to accomplish.
Yes. Oklahoma will extradite you back. Talk to a criminal defense attorney immediately and do not abscond. If a bondsman posted your bond, your bondsman will pay the State/County the expense for bringing you back (and the bondsman will come after you and whoever else may have signed the contract with the bondsman to recoup the expense). If you are on an OR bond, the State/County will pay. Additionally, if arrested in another state for a warrant in Oklahoma, the chances of you getting bond again before you end up back in Oklahoma and appear before a Judge is extremely low, and any bond set by the court thereafter will be much higher (if set at all). So, you could end up being held in the other state and in Oklahoma for more than 15 days without a chance to post bond and even after that you may not be permitted to post bail. Moreover, the State can withdraw any plea agreement it has with you, which could impact your sentencing - especially when that judge knows you just absconded and did not comply with the conditions of your release on bond - not something that is going to play in your favor for being a good candidate for probation.
The Department of Corrections considers life to mean the rest of one's natural life; however, the a life sentence is treated by the Pardon and Parole Board as term of 45 years to determine when one becomes eligible.
I have developed a prison sentence calculator to help determine when a sentence will discharge and when the person will be eligible for parole. You just need to know the sentence length (in years), the number of days credit for time served the person is to receive (for time spent in jail prior to the date of sentencing), and the date of sentencing.
Section 332.7 sets forth the eligibility for inmates to qualify for parole. There are references in in the law to matrices of sentencing ranges for various crimes. Said matrices were part of Oklahoma's Truth-in-Sentencing laws passed in 1997; however, many sections of the Truth-in-Sentencing law that passed in 1997 (including the matrices of sentencing ranges for various crimes) were repealed the next year prior to those sections of law ever taking effect. Section 332.7 requires the Pardon and Parole Board to promulgate rules to implement a parole process that includes the matrices. That was never done because the sections of law containing the matrices never took effect. The courts have held that the only portion of the Truth-in-Sentencing law that remains applicable in Section 332.7 is the calculation of an inmate's parole eligibility date.
It is something the an attorney files when the party intends to call a witness who wasn't initially endorsed. It is likely that the timing of the endorsement may be late so an order may be necessary to permit the late endorsement. It is possible it means something different, as the context here is a bit limited, and I presume you have seen this on an online docket sheet.
Generally, the answer is no. But there are exceptions. Talk to an attorney to discuss your specific circumstances. The language below is located in the Committee Comments (which are not binding on any court but are a helpful resource) to the Oklahoma Uniform Jury Instructions for the specific instruction for Second Degree Burglary: "In contrast to [First Degree Burglary], the second-degree burglary statute does not specify that ownership or possession of the structure, upon which a breaking and entering is perpetrated must be vested in another. The Commission has concluded, however, that since at common law the proscription of burglary was intended to safeguard possessory rights, R. Perkins, Criminal Law 206 (2d ed. 1969), a right of entry negates the possibility of prosecution for burglary. Although no Oklahoma cases have addressed this question, the Supreme Court of California, in construing a statute defining as burglary the entering into any dwelling, held that a right of entry to an apartment dispels the possibility of prosecution for burglary when one cotenant forcibly entered the apartment for the purpose of feloniously assaulting another cotenant. In reversing the defendant's conviction of burglary, the court observed: 'To hold otherwise could lead to potentially absurd results. If a person can be convicted for burglarizing his own home, he could violate [the burglary statute] by calmly entering his own house with intent to forge a check. A narcotics addict could be convicted of burglary by walking into his house to administer a dose of heroin to himself. Since a burglary is committed upon entry, both could be convicted even if they changed their minds and did not commit the intended crimes.'" People v. Gauze, 125 Cal. Rptr. 773, 777, 542 P.2d 1365, 1369 (1975).
Your friend would benefit greatly from an attorney representing him before the Pardon and Parole Board. Assuming he is serving a life sentence in Oklahoma, he will not discharge his sentence. Unlike a sentence that is for a specific number of years, a life sentence in Oklahoma means that the individual sentenced is to serve the remainder of his or her life in prison. So, he must be paroled to be released from prison. He would have become eligible for parole around 2006. It is not uncommon for individuals serving a life sentence to be denied parole when they first are eligible. It also was not uncommon for most inmates to be denied parole until about 2018. He should continue to be considered every three years thereafter. Without knowing the circumstances of the crime that resulted in him receiving the life sentence, his behavior since his arrival at DOC, and other factors, it is tough to say whether his prospects of being parole are good or bad. It would be well worth getting him legal representation before his next parole hearing.
I assume by the fact you want to have it for protection, that you want to possess the firearm and not just own one. The crime that makes it illegal to possess a firearm for convicted felons also applies to anyone serving a term of probation for a felony. A deferred sentence is a term of probation. Also, if your sentencing was deferred for a felony under the Uniform Controlled Dangerous Substances Act, the deferred will be considered a conviction through the date that your sentencing is deferred and for a period of ten years after that. Therefore, under state law, you cannot possess a firearm while your sentencing has been deferred and maybe longer.