Lawyers

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 not … [Read more...] about Is Eluding a Police Officer a Crime in Oklahoma?

Crimes Include Identify Theft and Fraud   Video Transcribed: Hi, this is Stuart Ericson. I am an attorney in Oklahoma. Today we are talking about the so-called white-collar crimes. We talked about some of those in a different video, but white-collar crimes. These are crimes that are kind of paper crimes or business crimes or retail-type crimes. They'll be crimes like … [Read more...] about What Are White Collar Crimes in Oklahoma?

85% Of Prison Time Is Required for Parole Consideration   Video Transcribed: My name is Stuart Ericson. I am a lawyer in Wagoner, Oklahoma. Today's question is, what is a DOC sentence in an Oklahoma criminal case, and the practical effects of that? So, let's say you do get sentenced to the Department of Corrections, either via plea agreement, again that's an agreement … [Read more...] about What Is a DOC Sentence in an Oklahoma Criminal Case?

There Are Three Main Ways for Sentencings to Be Decided Video 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 … [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 conviction, … [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?

Larceny and Possession Can Both Lead to Serious Consequences   Video Transcribed: Hi, my name is Stuart Ericson and I am a lawyer in Wagoner County. We're talking about some vehicle crimes. So we're talking about larceny of a vehicle versus possession of a stolen vehicle because they are different and they are charged quite a bit. So possession of a stolen vehicle is when … [Read more...] about Oklahoma Law: Larceny of a Vehicle v. Possession of a Stolen Vehicle

Unauthorized Motor Vehicle Use Could Get You Two Years in Prison   Video Transcribed: This is Wagoner Attorney Stuart Ericson, and we're talking about some automobile or vehicle crimes right now. One that sometimes surprises people is just an offense called unauthorized use of a motor vehicle. That's found not even in our criminal Title 21. It's in Title 47 under the … [Read more...] about What Is Unauthorized Use of a Motor Vehicle in Oklahoma?

Malicious Mischief Could Come with a Felony Charge   Video Transcribed: My name is Stuart Ericson and I am an attorney in Wagoner. We are continuing to talk about property crimes. One of our other property crimes in Oklahoma is malicious mischief, which sounds kind of funny in old school, but really it's essentially like a vandalism statute. This is injury or damage to … [Read more...] about What is Malicious Mischief in Oklahoma?

False Pretenses, like Forgery, Can Land You in Legal Troubles   Video Transcribed: This is Wagoner lawyer Stuart Ericson. We're talking about property crimes. We talked about embezzlement last time. There's another offense called obtaining property by false pretenses. This is another crime against the ownership of property, and of course, it's related to larceny, but it's … [Read more...] about Oklahoma Property Crimes: Obtaining Property by False Pretenses

Punishment for Embezzlement Depends on Dollar Amount Stolen   Video Transcribed: This is Wagoner Attorney Stuart Ericson, and we're going to talk about some property crimes. Embezzlement. Embezzlement is a crime against ownership because the person has acquired possession by legal means, but it is not their money. They're changing ownership. Embezzlement can be a … [Read more...] about Oklahoma Property Crimes: What is Embezzlement?

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 between … [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

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 All Video 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