In Oklahoma, murder in the second degree, also known as murder two, is defined in Title 21, Section 701.8 of the Oklahoma Statutes. There are two ways the state can charge someone with murder in the second degree. The first is when the death of another is caused through imminently dangerous activity and inventing a depraved heart. Intent plays a crucial role, as the state doesn’t have to prove that the accused had specific intent to cause death. Instead, they must establish that the death occurred due to reckless disregard or total indifference to human life. The second way is through the felony murder rule, which applies when the death occurs during the commission of a felony not listed under first degree murder. If you face murder charges, it’s essential to consult with an attorney to navigate your case. Contact my firm for a initial consultation.
What Can I Expect from the Commutation Process in Oklahoma?
Are you wondering what to expect from the commutation process in Oklahoma? Attorney Aaron Easton is here to shed some light on the subject. The first step in the process is filling out an Oklahoma Partner and Parole Board application, explaining why you believe you are a candidate for commutation. Once you submit your application, the board will conduct a jacket review, examining your documents to determine if you meet the criteria for commutation. If you pass this phase, you will move on to the personal appearance stage, where you will attend a commutation hearing via video conferencing. It’s crucial to have a delegate speak on your behalf, focusing specifically on the reasons why your sentence is unjust or excessive. For more information and personalized guidance, consider consulting with an attorney privately and confidentially.
Where Do I Have a Reasonable Expectation of Privacy in Oklahoma?
In this blog post, Oklahoma City Attorney Aaron Easton explores the concept of reasonable expectation of privacy in Oklahoma. He discusses the importance of both subjective and objective elements in determining whether a search is constitutional or not. Easton explains that areas such as one’s home and personal property are generally considered to be places where individuals have a reasonable expectation of privacy. On the other hand, certain things that are viewable by the public, general account information, abandoned property, and more, do not carry the same expectation of privacy. Easton hints at further discussions on the legality of specific searches and the potential recourse for victims of unconstitutional searches in future parts of the series.
What Is a Commutation in Oklahoma?
In Oklahoma, a commutation is an administrative process that aims to correct an unjust or excessive sentence. It is not a mechanism for early release, such as parole. The State of Oklahoma Pardon and Parole Board considers various factors when determining whether to recommend a commutation, including the severity of the sentence compared to the range of punishments for the crime, new evidence that wasn’t available at trial, and changes to sentencing guidelines by the legislature. If a commutation is granted, it can result in release or a reduction in the total time of the sentence. If you or a loved one are incarcerated and believe you may be eligible for a commutation, it’s important to consult with an attorney who specializes in post-conviction matters.
Can I Take Back a Plea in Oklahoma?
Are you regretting your guilty plea in Oklahoma and wondering if there’s a way to take it back? Attorney Aaron Easton from Oklahoma City explains that it is possible to motion the court to withdraw your plea of guilty, according to Title 22, Section 517 of Oklahoma statutes. The chances of success are generally greater if you act quickly after entering your plea. However, even if some time has passed, there is still a chance. Some common reasons a court may grant your motion to withdraw your plea include ineffective assistance or advice of counsel, incompetence at the time of the plea, constitutional violations, or new evidence of your innocence. To discuss your specific case, it is best to seek a private and confidential consultation with an attorney. You can contact Aaron Easton’s firm for a initial consultation online at postconviction.lawyer or by phone at (918) 932-2833.
Can a Confession I Provided to Law Enforcement Be Excluded from a Trial against Me in Oklahoma?
In Oklahoma, the admissibility of a confession provided to law enforcement in a trial depends on whether it was deemed to be involuntary. Under the 14th Amendment of the U.S. Constitution, if a confession is determined to be involuntary, it cannot be used against the defendant at trial, nor can the fruits of that confession. Factors such as coercive conduct, the will of the suspect, age, education level, and physical and mental condition of the suspect are considered in determining the voluntariness of the confession. It is important to note that if a confession is determined to be involuntary, the fruits of the crime cannot be used against the defendant in trial either. Seeking legal advice is crucial if you believe your confession was not voluntary.
Can I Be Arrested and Convicted for an Outstanding Warrant That Is Several Years Old in Oklahoma?
In Oklahoma, individuals with outstanding warrants that are several years old may still face arrest and conviction. However, there is a possibility to motion for the dismissal of the case based on the right to a speedy and public trial, as stated in the 6th Amendment of the U.S. Constitution. When considering a motion to dismiss, the court will assess four factors: the length of the delay, the reason for the delay, when you assert your right, and the prejudice to the defendant. If the court determines that the case should be dismissed, it will be done so with prejudice, prohibiting the state from charging you again. If you suspect you may be in this situation, it is crucial to consult with an attorney to explore your options. Contact our firm for a free and confidential consultation.