Federal Crimes in Oklahoma Require Skilled Criminal Defense
Violations of Oklahoma law are generally tried in state court, prosecuted by the District Attorney's Office. If a defendant is convicted of an Oklahoma felony, any incarceration is served in a state prison. However, certain crimes are violations of the United States Criminal Code, and as such, are charged as Federal offenses. Federal criminal cases are handled by various government agencies, and conviction of these serious offenses lead to time served in a Federal penitentiary. Those charged with a Federal crime in the state need expert legal defense from an Oklahoma criminal defense lawyer with extensive experience handling Federal cases.
Many white collar crimes, such as various types of fraud, are Federal offenses, as are certain sex crimes and computer and internet crimes. Federal crimes include:
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Fraud: Accounting Fraud, Bankruptcy Fraud, Bank Fraud, Health Care Fraud, Internet Fraud, Securities Fraud, Social Security Fraud, Tax Fraud, Mail Fraud, and Wire Fraud
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Antitrust Violations
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Child Pornography
- Kidnapping
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Computer Crimes: Computer Hacking, Computer-Related Sex Crimes, Internet Sex Crimes
- Tax Evasion
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Drug Crimes: Drug Manufacturing, Drug Trafficking, Drug Distribution
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Conspiracy
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Corporate Crimes
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Counterfeiting
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Customs Violations
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Espionage
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Export/Import Crimes
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Gun Law Violations
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Immigration Law Violations
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Money Laundering
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Multi-Level Marketing
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RICO Crimes
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Terrorism
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Weapons Charges
The expanse of Federal law violations is vast, covering a number of various crimes. While these offenses may be prosecuted at the state level, more serious cases are investigated and prosecuted by a department or agency of the United States government. Federal agencies often involved in prosecuting Federal crimes in Oklahoma include:
- Federal Bureau of Investigation (FBI)
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
- Drug Enforcement Administration (DEA)
- United States Marshals Service (USMS)
- Immigration and Customs Enforcement (ICE)
- Internal Revenue Service (IRS)
- Securities and Exchange Commission (SEC)
- United States Secret Service (USSS)
If you are being investigated by any of these groups, or if you have been charged with a Federal crime, you face an extremely serious legal battle. A Federal case is not a matter to be taken lightly. Seek immediate counsel and representation from an Oklahoma criminal lawyer with detailed experience defending clients in Federal court.
White Collar Crime Defense in Oklahoma
Oklahoma white collar crimes include any number of illegal offenses pertaining to commercial or business activity. Although the term "white collar crime" implies that these offenses are committed primarily by the upper middle class, the fact is that white collar crimes are committed by individuals of all socio-economic statuses. White collar crimes in Oklahoma typically relate to misappropriation of funds and include criminal offenses such as:
- Embezzlement
- Tax Evasion or Tax Fraud
- Bribery
- Credit Card Fraud
- Medicare Fraud and Health Care Fraud
- Securities Fraud
- Insider Trading and SEC Violations
- Insurance Fraud
- Bank Fraud
- Check Fraud
- Bankruptcy Fraud
- Computer Crimes
- Identity Theft
- Counterfeiting
- Money Laundering
It is estimated that fraud, embezzlement, and other white collar crimes cost the United States over $300 billion each year. Many white collar crimes are not only against Oklahoma law, but they are prosecuted as Federal crimes. If an Oklahoma white collar crime is prosecuted as a Federal offense, charges will likely be brought by government agencies including the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), or Securities and Exchange Commission (SEC).
White collar crimes are felony offenses. Penalties for white collar crimes in Oklahoma vary depending on the type of crime and the amount of money or value of property involved in the embezzlement, fraud, or misappropriation. For example, embezzlement in Oklahoma is punishable by up to 10 years in prison and $10,000 in fines. In addition, anyone convicted of embezzlement of more than $500 is required to pay restitution to his or her victims.
For those accused of illegal financial activity, the first course of action should be to contact a qualified Oklahoma white collar defense lawyer. A criminal defense lawyer who specializes in white collar crime defense can expertly handle a case, advising the client on next steps to take for the optimum outcome. With expertise in law pertaining to accounting, finance, and property, a white collar defense attorney can challenge the evidence presented by the prosecution and can present evidence supporting the lack of criminal intent.
Anyone who suspects he or she is being investigated for white collar crime, or who suspects that an action in which he or she is engaged may be illegal, should immediately cease the questionable activity and seek the advice of an experienced Oklahoma fraud lawyer or Oklahoma embezzlement lawyer.
Police Officer Accused of Sex Abuse in OKC Arrested Again
The Oklahoma City police officer accused of sexually abusing at least one of the young men in his foster care was arrested again last week as a result of new evidence and a sting operation conducted by fellow officers. Sergeant Maurice Martinez was originally arrested in January after one of the boys in his custody told church members that Martinez had been sexually abusing him. Martinez was arrested and released on $80,000 bail. He denied all allegations, and both he and his Oklahoma sex abuse defense lawyer say that police mishandled the investigation.
After Martinez's Oklahoma County lewd molestation arrest, the boys in his care were taken into DHS custody. Two 16-year-old boys ran away during a DHS excursion, but one was found a short time later. The second boy, the initial accuser, was recently discovered living in Utah, which led, in part, to Martinez's most recent arrest.
Sgt. Martinez was arrested at approximately 1:45 a.m. on Friday, April 15, on his way to a meeting that was, unbeknownst to Martinez, arranged by police officers. According to his Oklahoma City defense attorney, Martinez had legitimate reasons for his actions that will come to light at trial. His criminal lawyer further questions police actions in the investigation, most notably the earliness of the January arrest, before an investigation was thoroughly underway, and the lag between the previous arrest and Martinez's most recent arrest.
Oklahoma City police Sergeant Maurice Martinez is being held without bail on complaints of harboring a runaway juvenile, sexual abuse by a caretaker, forcible sodomy and kidnapping. He has not been charged.
Oklahoma County District Attorney David Prater says that the case against Martinez is "improving," and that he anticipates numerous felony charges against the officer as well as possible federal charges.
Martinez maintains his innocence, and his OKC sex crime lawyer states, "I haven't seen one piece of evidence that shows he has committed a crime," admitting that he has not been allowed to see all police reports pertaining to the case.
The investigation into the allegations of sexual abuse is muddled by a break-in to Martinez's home during the initial police search in January. Police allege the man arrested was acting on behalf of Martinez, but Martinez and his attorney point to police failure to adequately secure the property.
The case continues to develop.
17 Arrests in Oklahoma County DUI Checkpoint
A sobriety checkpoint set up by Oklahoma County sheriff's deputies in southeast Oklahoma City led to the arrests of 17 people on various offenses and outstanding warrants. In addition, deputies issued 59 citations and 13 warnings, according to Oklahoma County Sheriff's Office spokesman Mark Myers and a local newspaper report.
Although sobriety checkpoints are purportedly established in an attempt to reduce Oklahoma DUI, the majority of arrests are actually from other offenses or warrants. Of the arrests at the recent sobriety checkpoint at S.E. 44 and Bryant Avenue, only six were on suspicion of DUI. Six others were arrested on outstanding warrants, and four were arrested for driving on a suspended license.
Penalties for a first offense DUI in Oklahoma include:
- Up to one year in jail (up to 4 years if transporting a child under 18)
- Fine of up to $1,000 (up to $2,000 if transporting a child under 18)
- Minimum of $300 in DUI feese
- 30 day suspension of driver's license
- Mandatory drug and alcohol abuse evaluation and assessment program (established by the Aaron Gillming Act of 2010)
Subsequent Oklahoma DUI convictions net increasingly harsh legal ramifications, including extended jail time and driver's license suspension or revocation, ignition interlock, community service, and more.
Driving on a suspended license in Oklahoma is a serious offense, and if one's license is suspended for any reason, he or she should not risk driving, regardless of the inconvenience. If you are caught driving while suspended, penalties include:
- Fines of $100-$500
- Up to 6 months in prison
- Extension of license suspension, often up to 1 year beyond the original term
- Additional points against the license
- Mandatory traffic school
Under the Gaje Jeffrey Florence Act of 2009, a second offense of driving on a suspended license, or a first offense in which an unlicensed driver caused an injury or fatality accident, is charged as a felony and is punishable by up to 5 years in prison and/or a maximum $3,000 fine.
If you have been arrested for DUI, driving on a suspended license, or on an existing warrant as a result of an Oklahoma County sobriety checkpoint, an Oklahoma traffic attorney or Oklahoma City DUI lawyer can help. From an illegal arrest to inadequate attempts to notify you of a suspension, a criminal lawyer has a number of tools available for your defense. Call for more information or to arrange a free evaluation of your case.
Why Practice Sex Crime Defense Law in Oklahoma?
The legal profession is a vast and varied field. Prospective attorneys selecting an area of practice choose from family law, corporate law, personal injury law, and criminal law (both prosecution and criminal defense) among others. There are those who do not understand why an attorney would choose to practice criminal defense at all, much less sex crime defense. For these individuals, sex crimes are among the most vile and hated criminal offenses, and they fail to see the necessity of adequate defense for those accused of sex crimes in Oklahoma. There are, however, many valid, just, and moral reasons for choosing to become an Oklahoma sex crime defense attorney.
First, the United States Constitution declares it a right of every accused citizen to have a fair and impartial trial. To protect this right and other constitutional rights, it is imperative that one accused of a sex offense in Oklahoma be represented by an attorney experienced in this field. Without competent legal representation, without a fair trial, many accused of sex crimes would be wrongfully convicted.
Next, when it comes to sex crime allegations, public judgment is swift and severe. With a moral outcry against the accused, he or she is often treated as if guilty, long before any investigations are complete and any justice has been served in a court of law. An Oklahoma sex crime lawyer can help protect the accused from illegal searches, from unfair questioning techniques, and from self-incrimination that may come as a result of manipulation of the words of the accused.
While investigators and prosecutors may be quick to assume the guilt of someone accused of sexual abuse, rape, or other sex offense, a sex crime defense attorney in Oklahoma understands that it is common for a person to be falsely accused or to have inflated charges levied against him in an effort for prosecutors to take a "hard line" against sex crime. Some reasons for false sex crime allegations include:
- an alleged victim's regret following a consensual sexual encounter
- a bitter child custody dispute
- an alleged victim's ploy for attention or sympathy
- revenge for a bad breakup
- vengeance on the part one whose advances were rebuffed
- a child's confusion after improper questioning
- a child's attempt to get a parent's new lover or spouse out of the picture
The list of reasons for false accusations of sex crimes is by no means exhaustive. Experienced Oklahoma sex crime defense lawyers have seen it all, and in an attempt to uphold justice and the constitutional rights granted by our nation, they diligently practice criminal defense to protect those wrongfully accused.
OSBI Thinks Oklahoma Sex Offender Took Niece out of State
The Oklahoma State Bureau of Investigation (OSBI) is on the hunt for Matthew Mark Mallory, 35, of Okarche, Oklahoma. Mallory is a convicted Oklahoma sex offender believed to have taken his 14 year old niece, Ariel Mallory, with him as he fled the state on April 5. Authorities believe he is headed to Missouri to seek work on a chicken farm. Matthew Mallory is believed to be armed and dangerous.
Mallory was convicted of second degree rape in Kingfisher County in 1996, and upon his release after nearly two years in jail, he was required to register as a Level 3 Oklahoma sex offender. Level 3 status generally designates aggravated sex offenders or those deemed at the highest risk of re-offending. According to the Oklahoma Sex and Violent Crime Registry website, Mallory first registered as an Oklahoma sex offender on November 20, 1997, and, as a Level 3 sex offender, he is required to register for life.
In addition to his Oklahoma second degree rape conviction, Mallory has a felony conviction for intimidating a witness in Cleveland County, Oklahoma, as well as Oklahoma County convictions for failing to comply with Oklahoma Sex Offender Registration requirements and for resisting arrest.
Currently, a warrant is out for Mallory's arrest on a complaint of child abandonment.
Authorities say Matthew Mallory is believed to be driving a maroon-colored 2003 Ford Taurus with the Oklahoma license plate tag number 948-GPL. Mallory is described as a white male with brown hair and brown eyes, 5 feet 8 inches tall, and weighing 165 pounds. He is said to have multiple tattoos and piercings.
According to the National Center for Missing and Exploited Children website, 14-year-old Ariel Daphnee Ann Mallory has blonde hair and green eyes, is 5 feet 4 inches tall, and weighs 130 pounds. Because she is traveling with a convicted Oklahoma sex offender, she is considered an endangered runaway.
In addition to the possibility that the pair are headed for Missouri, authorities say they may also be headed to Amarillo, Texas, or Greensburg, Indiana.
Anyone with information about the whereabouts of Matthew Mallory or his niece Ariel is asked to call 911.
Pulled over for DUI in Oklahoma? How to Protect Your Rights
Seeing an officer's flashing lights in the rear view mirror can make anyone nervous; if the driver has had anything to drink, being pulled over can be a nerve-wracking ordeal. If you have been pulled over and are suspected of DUI, there are steps you can take to protect your rights, and certain measures that will help your Oklahoma DUI lawyer build the strongest case for your defense.
The Traffic Stop
Except in the case of established sobriety checkpoints, police cannot pull you over without cause. If you are driving erratically or irregularly, police may suspect that you are driving under the influence and will pull you over to investigate. Likewise, a minor traffic infraction such an incomplete stop can lead to a traffic stop. If, after pulling you over, the officer suspects you may have been drinking, he or she may begin to question you about where you have been, whether you have been drinking, and how much you have had to drink. You do not have to answer any of these questions, which are designed to give the officer probable cause for your arrest. Instead, politely cooperate with requests for identification and courteously decline to answer any questions without the advice or presence of your Oklahoma DUI attorney.
If you are subsequently arrested on suspicion of DUI, maintaining your right to remain silent means that you have not admitted to guilt, nor have you provided prosecutors with any statements that may be used against you in court.
Field Sobriety Testing
Oklahoma has an "Implied Consent Law," which means that your refusal to take a breath, blood, urine, or chemical test for DUI results in the automatic suspension of your license. This does not, however, pertain to portable roadside breathalyzers or field sobriety tests given prior to an arrest. These field sobriety tests are designed to indicate your intoxication and to give officers probable cause for your arrest.
If asked to take a field sobriety test, consider your options very carefully. These tests are difficult for even sober individuals to complete. This video from a popular comedy series several years ago pokes fun at the administration of a field sobriety test, but also demonstrates how such tests are designed to evoke evidence of guilt:
Despite the humorous take on field sobriety testing, a DUI arrest is no laughing matter. While your refusal to take a test may result in probable cause for your arrest, taking the test may provide strong evidence of your intoxication which can be used in your prosecution.
As for the portable breath test, it is generally ill-advised to take this test unless you have not been drinking at all. These tests indicate your blood alcohol concentration, not your level of impairment. For some individuals, blood alcohol concentration will be above the legal limit long before marked impairment occurs.
If you are arrested as a result of your traffic stop, whether you have submitted to field sobriety testing or refused to take the tests, tell police clearly that you want an attorney. You have the right to legal counsel, and any questioning must stop until your Oklahoma DUI defense lawyer is present.
Implied Consent Law
After you have been arrested on suspicion of DUI in Oklahoma, you will be asked to submit to a blood alcohol analysis. A police officer must read you the Implied Consent Warning in its entirety before asking you to submit to a test, generally a breathalyzer test. You do not have the right to consult an attorney to help you decide whether or not to take the test. Bear in mind that refusal to submit to this test results in the automatic suspension of your license as an offense separate from any DUI offense with which you may be charged. Even if you are later acquitted of DUI, your license will remain suspended as a result of your refusal to submit to testing under Oklahoma's Implied Consent Law.
Keep in mind that a skilled Oklahoma DUI lawyer can build a successful defense in spite of breathalyzer evidence of your intoxication. From an illegal traffic stop to improper procedures in the administration of the test to improperly calibrated equipment, your attorney has an arsenal of resources to build a strong DUI defense.
Right to Counsel
Hiring a DUI defense lawyer is your constitutional right. Even a first offense misdemeanor DUI conviction has serious consequences including jail, the suspension of your license, fines, increased insurance premiums, and a criminal record that will haunt you in background checks for employment, education, and financial loans. To minimize the impact of a DUI arrest, to help avoid DUI conviction, or to avoid unnecessary consequences of conviction, contact an Oklahoma DUI defense attorney with the experience to successfully handle your case.
Criminal Defense of Oklahoma Misdemeanors
Oklahoma criminal offenses may be classified as either misdemeanors or felonies. While a felony charge carries more serious consequences upon conviction, even a misdemeanor conviction can have a lifelong impact. Far too often, individuals charged with misdemeanors think their charge is minor, and choose to proceed without competent legal counsel. Unfortunately, these individuals realize too late their mistake in failing to hire an Oklahoma criminal defense lawyer. Probation, community service, and up to a year in county jail are all possibilities following a misdemeanor conviction, but for many, the specter of a criminal record is a lingering ramification that continues to force them to pay for their crime long after their sentence is completed.
If you have been charged with a crime, your Oklahoma defense attorney can explain to you whether you have been charged with a felony or misdemeanor and can help you understand the implications of the offense with which you have been charged.
Essentially, a felony charge is reserved for more serious crimes than a misdemeanor, and therefore, carries stiffer legal penalties. Felony convictions generally result in heavier fines and incarceration of more than a year in state prison (or for federal criminal offenses, in a federal penitentiary). Misdemeanor crimes are generally considered less severe and often lead to probation and/or a maximum of one year in county jail.
In some situations, the same crime may be considered either a felony or a misdemeanor depending on aggravating circumstances. For example, Oklahoma DUI is charged as a misdemeanor on the first offense, but if one has a previous DUI conviction, subsequent DUI offenses are charged as felonies.
Those charged with felonies in generally understand the importance of hiring a lawyer, simply because they know that the consequences of conviction are great. However, those charged with misdemeanors are sometimes persuaded by the misguided notion that theirs is a minor offense which does not need skilled legal defense. While the legal ramifications of a misdemeanor conviction are lesser than those of a felony conviction, this does not mean the impact is light.
A felony conviction precludes individuals from certain types of employment; felons are prohibited from obtaining Oklahoma state licenses for occupations including teaching, nursing, and child care, among others. However, a criminal record for a misdemeanor can also have a negative impact on employment opportunities. Any occupation that requires a background check--and many of them do--will find a criminal misdemeanor conviction. While a misdemeanor record may not automatically preclude one's employment, it certainly affects the applicant's likelihood of being hired above candidates without a conviction.
A misdemeanor conviction will not only show up on background checks for employment, but also for admission to educational institutions and for securing a financial loan. This blemish on your record can have serious, long term implications.
An Oklahoma criminal lawyer will defend you against misdemeanor charges to bring the best possible outcome to your case. The optimum result is to have your case dismissed or to achieve an acquittal of the charges. In the event that neither of these results is a possibility, your defense lawyer may successfully negotiate probation only or a deferred sentence, helping you avoid jail time as a consequence of your conviction.
Regardless of whether you have been charged with a felony or misdemeanor, your likelihood of a positive outcome is multiplied exponentially with a qualified Oklahoma defense lawyer handling your case.