If CRIMINAL DEFENSE
If you’ve had a run-in with the law, we are here to help. Often good people are improperly arrested or detained, unfairly questioned or searched and sometimes wrongly charged by the police and district attorney’s office. Regardless of the nature of the crime(s) you may have been charged with, we will ensure that all of your constitutional rights are protected and that you receive the best defense possible to each and every allegation that may be alleged by the State. Whether your case is best resolved through dismissal, plea bargain or trial, our attorneys will zealously represent and advise you throughout the criminal process. Our goal is to get you through the judicial system as quickly and painlessly as possible while preventing incarceration and/or excessive fines, penalties and costs so that you can get back to your life.
In Oklahoma, criminal charges are divided into two (2) categories: Misdemeanors and Felonies. The following are examples of some of the most common charges. There are several hundred different charges available to district attorneys and administrative agencies.
MUNICIPAL COURTS
Municipal Courts handle only misdemeanor cases. Each city has a court and its own individual set of criminal ordinances. A municipal court can retain a criminal case from an arrest in its jurisdiction. If not retained, the police reports are forwarded to the District Attorney’s office for filing. In any case in which the charge includes may include incarceration in the city jail, you will be directed by the judge to return with an attorney.
MISDEMEANORS
These are considered less serious crimes but the punishments can still be severe. Most carry 0-1 year in prison and fines of up to $1,000 or more per charge. Unless aggravating circumstances or prior convictions are involved, the following charges are usually filed as misdemeanors:
DUI - DUI charges in particular can have serious consequences that can last for years. In Oklahoma, driving with a blood-alcohol content of .08 or greater is considered to be driving under the influence. A blood-alcohol content less than .08 can result in being charged with DWI, or driving while impaired. A conviction for DUI will result in fines, a revoked or suspended driver’s license, supervised probation, community service, drug and alcohol assessment, DUI school for up to 6 weeks and possible jail time. Under the new laws enacted November 1, 2011, you will be required to get an ignition interlock device installed in your vehicle for 18 months for a first offense if you refuse a breathalyzer test. A second or more DUI within the span of 10 years from the date of the first DUI offense will result in a felony charge and even more serious consequences.
In defending against DUI or DWI charges, you have many rights, including the right to cross-examine the witnesses against you, even if they are police officers. You have the right to challenge the results of a breath test or blood-alcohol test. An experienced criminal defense attorney can make all the difference in a difficult or complicated case. At Baker Wyers Law, we have the experience to protect your rights and best interest to ensure you get the best results possible under the law during a traumatic time.
Domestic Assault and Battery – Assault and Battery is really two crimes. You may be charged with either or both. Assault is causing the fear of imminent harm in another person. Battery involves actual, physical contact in a harmful manner to another person. Generally, they are charged together. The majority of Assault and Battery charges filed in Oklahoma arise from domestic disturbances. The use of alcohol or drugs is often a factor. It is important to note that the District Attorney’s office can and frequently does pursue these charges, regardless of whether the alleged victim is willing to cooperate or testify.
Possession of controlled drug(s) – These may include marijuana, methamphetamine, opiates and prescribed medicines for which you do not have a prescription. A first offense will commonly be charged as a misdemeanor unless you are in possession of a large amount, in which case you may also be charged with intent to distribute the drug.
Uttering a forged instrument (bad checks) – Due to the advent of debit and check cards, this charge is not as commonly filed as it was in the past, but keep in mind that it is in the District Attorney’s discretion to file charges against any individual who has taken possession of goods or services through payment of a check that doesn’t clear, regardless of the reason or amount.
FELONIES
More serious crimes that do not fall within the misdemeanor category are felonies. These charges carry much more severe penalties and substantial prison terms are generally sought by the State in such cases. They include any crime not charged as a misdemeanor, such as robbery, rape, kidnapping, manslaughter, etc. If you are facing a felony charge, it is essential that you be represented by a competent criminal defense attorney. Generally, the judge in such cases will require that you hire an attorney or sign a pauper’s affidavit asking to be represented by a public defender. If you are able to bond out of jail, requests for a public defender are usually denied.
At Wyers Law Firm we work hard to offer a realistic evaluation of the outcome of your case and the defense strategy with the best chance of success. The pressure and stress arising from criminal charges can be overwhelming. When the weight of the State is against you, you do not need to face it alone. Call us for a free consultation and evaluation of your case.
Office Phone: 918-630-6672
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