Assault and Battery Are Related but Distinct Crimes Video 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 attempt or … [Read more...] about Assault and Battery: What Is the Difference?
Lawyers
Christian Hester
Christian Hester
Evidence Is Used to Prove or Disprove Unresolved Issues in Court Video 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?
Christian Hester
Oklahoma Has Two Criminal Offense Classifications: Felonies and Misdemeanors Video 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 imprisonment in DOC, … [Read more...] about What Are the Two Main Classifications of Crimes in Oklahoma Law?
Christian Hester
A Temporarily Order Decides Certain Things until a Final Decree Can Be Done Video Transcribed: In a divorce case, what is a temporary order? I am Stuart Ericson, I am an attorney in Wagoner. A temporary order is a court order signed by a judge either after a hearing or entered by the parties after an agreement by the parties. It is an attempt to temporarily decide certain … [Read more...] about Oklahoma Divorce: What Is a Temporary Order?
Christian Hester
Life Behind Bars is a Possible Punishment Video 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?
Christian Hester
Contact an Attorney When Needed Video 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?
Christian Hester
Contact an Experienced Attorney When Needed Video 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
Christian Hester
Discover Is Where Information Is Exchanged Video 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?
Christian Hester
A District Court Arraignment Is the First Step of the Legal Process Video 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?
Christian Hester
Plea Bargains Are Agreements between Defendants and Prosecutors Video 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?
Christian Hester
A Preliminary Hearing Is Similar to a Mini-Trial Video 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?
Christian Hester
The Criminal Process Can Start in Two Ways Video 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?
Christian Hester
Remain Silent Video 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 exercise … [Read more...] about Should You Talk to the Police in the Beginning of a Criminal Investigation?
Christian Hester
Automatic Temporary Injunction Affects Both Parties Video Transcribed: What is the automatic temporary injunction that goes along with filing a divorce petition? I am Stuart Ericson, I am an attorney in Wagoner. The automatic temporary injunction is something that goes along with the divorce petition in the state of Oklahoma. And it goes into effect against both parties: … [Read more...] about What Is the Automatic Temporary Injunction That Goes along with Filing a Divorce Petition?
Christian Hester
A Divorce Petition Initiates a Lawsuit Video Transcribed: What is a divorce petition in the state of Oklahoma? I am Stuart Ericson, I am an attorney in Wagoner. A divorce petition is what starts a lawsuit. A petition is what starts any lawsuit. It kind of spells out who the parties are, and what you're asking for, and it gets the process started. So a divorce petition's … [Read more...] about What Is a Divorce Petition in the State of Oklahoma?
Christian Hester
Oklahoma Is a No-Fault State Video Transcribed: Divorce in Oklahoma, how does that work? I am Stuart Ericson, I am an attorney in Wagoner. Oklahoma is a no-fault state. I think we've been a no-fault state since 1953, believe, which means you don't have to prove grounds for divorce other than incompatibility, mutual incompatibility. There are other grounds for divorce, … [Read more...] about Divorce in Oklahoma, How Does That Work?
Christian Hester
Fathers MUST Establish Their Rights Video Transcribed: What is paternity in Oklahoma? I am Stuart Ericson, I am an attorney in Wagoner. In Oklahoma, a paternity suit is covered by statute or by our laws. It is a lawsuit that settles rights and comes into play when an unmarried woman gives birth to a child. Obviously, there is no marriage so there wouldn't be a divorce. No … [Read more...] about What Is Paternity in Oklahoma?
Christian Hester
Oklahoma Has Long Recognized Common Law Marriage Video Transcribed: What is a common-law marriage in the state of Oklahoma? I am Stuart Ericson, I am an attorney in Wagoner. First of all, common-law marriages in Oklahoma are allowed. They're outside of statute, but they are a product of the laws throughout the years that are called common law, and they are allowed in … [Read more...] about What Is a Common-Law Marriage in the State of Oklahoma?
Christian Hester
A Consecutive Sentence Are Served Back to Back Video 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 whole … [Read more...] about What Is the Difference Between a Concurrent Sentence or a Consecutive Sentence in Oklahoma Law?
Christian Hester
An Application to Revoke Is to Revoke a Suspended Sentence Video 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?
Christian Hester
85% Crimes Are Mostly a Violent Variety of Crimes Video Transcribed: What is an 85% crime in the state of Oklahoma? I am Stuart Erickson, Wagoner attorney.85% of crimes are found in and talked about in Title 21 of Oklahoma law, called statutes, section 13.1. Obviously, 85% of crimes are going to be the more violent variety of crimes, such the murder, rape, robbery, et … [Read more...] about What Is an 85% Crime in Oklahoma?
Christian Hester
A Blind Plea Is a Plea to a Judge without a Plea Deal Video 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 … [Read more...] about What Is a Blind Plea in Oklahoma Criminal Law?
Christian Hester
Violent Crime Offenses Involve Force or Threat of Force Video Transcribed: What is a violent crime in the state of Oklahoma? I am Wagoner Attorney Stuart Ericson. Violent crimes are listed in Oklahoma law called statutes in Title 57, Section 571. And there's a whole list of crimes that are deemed violent. Some of them obviously are very clear that everybody would know, … [Read more...] about What Is a Violent Crime in Oklahoma?
Audrey Howitt
Domestic Violence in Oklahoma Oklahoma has a number of statutes on the books that are meant to protect children from domestic violence. Sometimes, children witness domestic violence. Other times, they are the victims of domestic violence. Having a domestic violence conviction can make things dicey for a parent seeking custody or visitation with their child. Sometimes, a … [Read more...] about In Oklahoma, Does a Domestic Violence Conviction Make You an Unfit Parent?
Audrey Howitt
Child Support and Visitation: Separate Legal Issues Intertwined Emotionally You may find yourself in a situation in which you are paying child support but not allowed visitation. These two issues can seem like a single issue to the parent paying support. Emotionally, it is difficult to pay support for a child that you long to see but cannot. But legally, child support and … [Read more...] about What To Do When You Are Paying Child Support but Not Allowed Visitation