Oklahoma DUI Case
The Oklahoma Criminal Defense Lawyers at Slane, Phillips & Bailey added another success to their history of defending clients charged with DUI in Oklahoma. Today the charges against out client were dismissed in McClain County court.
Two Oklahoma Police Officers Accused of Sex Crimes
Two local towns saw police officers accused of sex crimes in Oklahoma last week. On Wednesday, February 23, a Hennessey police officer was arrested for sexually assaulting a child under the age of 14. The following day, a Cherokee police officer was charged in Alfalfa County, Oklahoma, with solicitation of prostitution and rape by instrumentation in addition to other charges not sex-related. Both officers admit to the sexual encounters, but the Cherokee officer claims that sex with his 19-year-old accuser was consensual.
Cherokee police officer David Cole, 46, allegedly met his accuser at the Alfalfa County Courthouse the week before the sexual encounter with the woman. He is accused of inviting her to his apartment and visiting her residence and offering money in exchange for sex. The woman went to Cole's apartment and had a sexual encounter. She told police that Cole said, "If you're good to me, I'll be good to you," and that she felt intimidated because he was wearing his gun. She said Cole told her that he didn't want her to think she was "prostituting" herself.
While the woman was at his apartment, Cole is accused of ignoring a dispatcher's request to respond to a call of a car driving erratically.
Officer Cole says that the sexual encounter with the 19-year-old woman was consensual and even provided investigators with an audio recording of their sexual encounter and prior conversations.
Cole has been charged with solicitation of prostitution and willful omission to perform the duties of a public officer, both misdemeanor charges. He has also been charged with the Oklahoma felony offenses of rape by instrumentation and possession of a firearm in the commission of a felony.
Hennessey police officer Patrick Clay Stackhouse, 28, was also charged with an Oklahoma sex offense last Thursday. Stackhouse was charged with child sexual abuse in Oklahoma. The victim was identified in one news source as a 10-year-old family member who told a school counselor that she was being sexually molested by Stackhouse, and that the abuse began when she was 8 years old. Stackhouse admitted to sexually assaulting the child several times and told investigators that he had a problem with pornography. He currently faces only one count, but more charges are expected to follow.
Officer Stackhouse has prior misdemeanor convictions of possession of drug paraphernalia and transporting an open container. He received a one-year deferred sentence for these offenses in 2005.
Harsh Penalites for Oklahoma Drug Crimes
Oklahoma has become notorious for its severe penalties for drug offenses including possession, manufacturing, and distribution or trafficking of illegal drugs. Even a minor drug charge, such as a first offense possession of marijuana charge, carries the possibility of a year in jail if convicted. Fortunately, in many first offense drug convictions, a skilled Oklahoma drug crime lawyer can negotiate for a deferred sentence or suspended sentence which allows the defendant to avoid incarceration if he or she successfully complies with the terms of probation.
Still, Oklahoma drug laws offer a wide range of possible sentences depending on the circumstances of the drug offense. In fact, a second conviction of marijuana possession is a felony that carries a possible sentence of 2 to 10 years in prison. Oklahoma's drug sentencing is among the harshest in the nation, with mandatory minimums and penalties that can include:
- Hundreds of thousands of dollars in fines
- Life in prison without the possibility of parole
- In parole-eligible cases, a mandatory minimum of 50% of the sentence must be served before parole
- Years of probation and drug testing
- Loss of the right to possess a firearm
Oklahoma consistently makes headlines for harsh drug penalties that seem to far outweigh the severity of the crime. Some such stories include:
- Patricia Marilyn Spottedcrow, 25 - fined $2,740 and serving 10 years in prison for a $31 drug sale to an undercover agent
- Darlene Burgess Lorenz, 49 at the time of her conviction - fined more than $120,000 and sentenced to two life terms plus 600 years for manufacturing methamphetamine and possessing firearms. Her sentence was commuted, and she was released after nine years and sentenced to 30 years of probation.
- Franklin Thompson, 25 at the time of his conviction - 60 years in prison for possession of 7 grams of crack cocaine, about $700 worth. Thompson will not be eligible for parole until he has served at least 30 years, half of his sentence. In most states, possession of that amount of crack carries only a five year sentence.
Thompson's Oklahoma drug defense lawyer, when speaking about his client's sentence and drug penalties in Oklahoma, stated, "It's kind of a knee-jerk reaction. . . . The legislators all want to appear tough on crime. But they don't think of all the ramifications." With such wide-ranging possible consequences, there is often unjust disparity in drug sentencing.
Spottedcrow and Lorenz each turned down plea agreements which would have given them a shorter sentence. Spottedcrow turned down a deal that would have given her only 2 years in prison, rather than 10, understanding that most first offenders are given suspended sentences that allow them to avoid jail. Lorenz turned down a plea bargain that would have sentenced her to 15 years, feeling that the sentence was too harsh for the crime. Instead of 15 years, a jury sentenced her to 600 years plus two life terms.
Because of the severity of Oklahoma drug laws and their legal consequences, it is imperative that those charged with drug offenses seek immediate counsel from an experienced drug crime defense lawyer in Oklahoma. An attorney can help his or her clients by protecting their constitutional rights, defending them against drug charges, disputing evidence against them, helping them to understand the implications of accepting or refusing a plea deal, and negotiating sentencing options that minimize the impact of an Oklahoma drug conviction.
Internet Sex Crimes in Oklahoma
Internet sex crimes are a rapidly growing phenomenon that encompasses a wide variety of sex offenses and felony charges. Oklahoma sex crime defense lawyers continue to see a number of cases resulting from sexting; indecent proposals via email, chat rooms, and social networking sites; and downloading child pornography. There are a number of factors that lead to increased internet sex crimes, including accessibility, lack of parental supervision, and widespread undercover police operations. Some believe that the anonymity provided by the internet allows some users a pseudo-comfort that encourages them to engage in risky behavior. When it comes to internet sex crimes in Oklahoma, the risks don't pay.
On Friday, an Oklahoma City man was sentenced to 20 years in Federal prison after admitting to downloading child pornography on the internet. Carlos P. Flores, 30, pleaded guilty in September to receiving child pornography, including video of the rape of a 6-year-old girl. Downloading child pornography in Oklahoma is not merely a state crime, but a federal offense. Flores was investigated by the FBI and admitted to not only receipt of child pornography, but also to molesting three young girls, two in Oklahoma City. Flores was sentenced for the child pornography conviction in U.S. District Court, but still faces three felony counts of lewd acts with a child in Oklahoma County District Court.
Those convicted of downloading child pornography in Oklahoma are required to register as a sex offender in addition to any prison sentence handed down. Oklahoma lewd acts with a minor convictions are punishable by up to life in prison.
Shooting with Intent to Kill
Another successful outcome for a client of Slane, Phillips and Bailey was achieved yesterday in Pottawatomie County, Oklahoma Court. The charge of Shooting with Intent to Kill was dismissed.
Aggravated Assault and Battery
Slane, Phillips & Bailey have been representing a client charged with Aggravated Assault and Battery in Canadian County. Last Friday, our client was declared not guilty in a jury trial.
Two Oklahoma Mayors Arrested in One Week
Last week saw the arrests of two Oklahoma mayors on unrelated charges. Arrested were:
- Frankie Gene Arnold, 51, mayor of Newkirk, Oklahoma, and instructor at Cowley College
- Robert Dean Smith, 49, former mayor of Eufaula, Oklahoma (Smith has resigned since his arrest).
Arnold was arrested for illegally obtaining prescription painkillers. He was charged with obtaining a controlled substance by concealment of material fact, a felony drug charge in Oklahoma. Arnold is alleged to have obtained prescriptions for hydrocodone from two different physicians, neither of whom knew about the other. Arnold is accused of having prescriptions filled over the internet and delivered to Newkirk City Hall. He allegedly also filled the hydrocodone prescriptions at local pharmacies.
Smith stepped down from his position as mayor of Eufaula after his arrest last week. Smith has been involved in a number of legal issues over the last few years. In 2008, he was arrested on complaints of failing to obey a traffic signal, transporting an open container of alcohol, and Oklahoma DUI. He pleaded guilty, which was not part of a plea agreement between his Oklahoma DUI lawyer and prosecutors, and received a one year deferred sentence. His most recent arrest came after witnesses reported the mayor had left a bar and was driving erratically. Blood alcohol tests determined his BAC to be less than 0.08, the legal limit for DUI, but significant enough to indicate that he had been drinking, which was a violation of his parole. At the time of his arrest, Smith was out on bail for a misdemeanor DUI charge and a separate felony embezzlement charge. The judge revoked bail for both cases.
The Oklahoma embezzlement charge was the result of accusations that Smith used a city credit card to buy gasoline. He has been charged with four felony counts of embezzlement by a public official. His embezzlement case is scheduled for trial in April.
Prosthetic Designer Indicted on Health Care Fraud in OKC
An Oklahoma man who designs, manufactures, and sells prosthetic devices and orthotics has been accused of bilking Medicare and Medicaid of more than $5.5 million. A federal grand jury indicted Lance E. Faulkner, 44, on complaints of health care fraud in Oklahoma City. Faulkner, of Tecumseh, is owner of Heartland Orthotic Prosthetic Lab in Shawnee, where he designs, manufactures, and sells prosthetic limbs. He is accused of billing Medicare and Medicaid using the names of physicians who never saw his clients nor issued prescriptions for their prosthetic devices. Furthermore, he is alleged to have committed Medicaid fraud and Medicare Fraud in Oklahoma by billing the agencies for prosthetics that his patients never received or for more expensive prosthetics than they received.
Faulkner filed for bankruptcy in 1999 because he claimed he was unable to pay $45,000 in debt. Between January 2006 and June 2010, he is alleged to have defrauded Medicaid of over $600,000 and Medicaid of nearly $5 million.
Legal consequences of health care fraud are severe. Faulkner will need the assistance of a skilled Oklahoma fraud lawyer to help defend him against the charges and help him avoid maximum penalties.
If convicted on all counts of health care fraud, Faulkner faces:
- up to 10 years in prison
- up to $250,000 fine
- restitution of the $5.5 million he is alleged to have obtained fraudulently
- forfeiture of any property or assets purchased with the illegally obtained funds
Some people see nonviolent offenses such as white collar crime as victimless crimes. For these people, who would never willingly harm an individual, it seems to be easier to take advantage of a faceless business or corporation. This is particularly true if the accused is suffering personal financial difficulty. If you have engaged in a commercial activity that you suspect may be illegal, cease the activity and contact an Oklahoma white collar defense lawyer as soon as possible. It is possible that you may discover the activity is perfectly legitimate. If not, your attorney can advise you on how to proceed for the best possible outcome. If you are already being investigated for white collar crime, or if you have been accused of a crime, contact a fraud attorney immediately for the protection of your rights and to build a solid strategy for your defense.
Choosing an Oklahoma Criminal Defense Lawyer
Those charged with criminal offenses should very seriously consider their options in selecting an Oklahoma criminal defense attorney. Even misdemeanor convictions carry jail sentences of up to a year; more serious felony convictions can lead to life imprisonment. Beyond the legal consequences of conviction, a criminal record can have a devastating impact on one's personal life, resulting in diminished employment opportunities, limited educational opportunities, and a social stigma that can negatively affect one's family and friendships. For these reasons, it is imperative to find the right Oklahoma defense lawyer for your case--one who can help you avoid or minimize the consequences of conviction.
How do you determine which attorney will be the best attorney for your defense? There are a number of options to consider when choosing a criminal defense lawyer.
- Experience: Skilled legal defense requires knowledge and expertise that can only be gained through experience. A novice attorney is not necessarily a bad lawyer, but through experience, an Oklahoma criminal lawyer gains familiarity with court proceedings and insight into the prosecution's style. This allows the attorney to "expect the unexpected" and plan for situations which may not be anticipated by a lawyer with less experience defending criminal cases.
- Expertise: You want a criminal defense lawyer who has not only years of experience with legal defense in general, but one who has an intimate knowledge of the type of crime with which you have been charged. Whether you are looking for an Oklahoma City DUI defense lawyer or a sex crime defense attorney in Oklahoma, you need an attorney who is an expert in cases like yours.
- Reputation: As you search for a criminal defense lawyer, pay careful attention to the attorney's reputation. Is the attorney known for his or her integrity? Does he or she demonstrate a commitment to each client and personal involvement with each case? In addition to a positive reputation for dedication to providing quality legal representation, the right criminal lawyer should also have a proven record of courtroom success.
When selecting an Oklahoma criminal defense lawyer, weigh your options carefully. Seek recommendations, pay attention to reviews, and ask attorneys about their experience and qualifications. Many lawyers offer a free initial consultation or case evaluation. Take advantage of this offering to meet with a lawyer to get a feel for his or her style. This first impression can go a long way toward guiding you in choosing the best criminal defense attorney for your case.
Oklahoma Child Abuse Conviction Upheld in Kelsey Briggs Case
The Oklahoma criminal defense attorney for Raye Dawn Smith appealed her conviction at an evidentiary hearing last September, but last week, The Oklahoma Court of Criminal Appeals rejected Smith's appeal, upholding her conviction of enabling child abuse in the case of Kelsey Briggs. Two-year-old Kelsey died as a result of severe child abuse in 2005. Her case drew local and national attention because she was being monitored by the Oklahoma Department of Human Services at the time of her death. State officials had numerous documented evidence of her abuse prior to her death. Kelsey's case brought about a public outcry for DHS reform.
Smith was sentenced to 27 years in prison for enabling child abuse in Oklahoma. In the case, Smith and Kelsey's stepfather Michael Lee Porter each blamed the other for the abuse that ended Kelsey's life. Neither was found guilty of the homicide, but both were convicted of enabling child abuse. Porter was charged with Kelsey's murder but pleaded guilty to the reduced charge of enabling abuse. He is serving a 30-year sentence.
The Oklahoma domestic violence lawyer for Raye Dawn Smith says he is preparing to appeal her case in federal court. Smith and her attorney argue that juror misconduct led to her wrongful conviction. Smith's defense attorney provided witness statements alleging that a juror discussed the case with them and admitted to watching media reports about the case and visiting a website dedicated to the memory of the young victim. Smith and her criminal lawyer say that this juror's defiance of court orders to avoid media coverage of the case and her viewing of such information biased her opinion and tainted the verdict of the case.
Anyone accused of a crime in Oklahoma is entitled to a fair and impartial trial. If this impartiality jeopardized by a juror's failure to comply with the mandates of the course, the verdict in the case may not be fair. The right to appeal an unjust conviction is granted by the Constitution of the United States.