Oklahoma Sex Offense Suspect Captured
An Oklahoma man accused of sexually abusing an a girl under the age of 12 was caught in Texas, nearly two weeks after his failure to appear in Stephens County court. Charles Dyer, 31, of Duncan, a former Marine, was wanted by the FBI for unlawful flight to avoid prosecution after he failed to appear for a court hearing on August 15. Dyer's Oklahoma criminal lawyer asserted that he did not know where his client was, and the defendant's SUV was found the next evening.
According to news reports, the FBI, the Texas Department of Public Safety, and local officials were looking for Dyer when he was spotted near an elementary school south of Houston. The school was placed under lockdown as Dyer was taken into custody.
The court appearance for which Dyer failed to appear was related to his Oklahoma child sex abuse charge. Dyer was accused by his ex-wife of raping his daughter. Though his wife contends Dyer was violent and was guilty of child rape in Oklahoma, Dyer has persistently maintained his innocence. He claims that his accuser is a heavy drug user and made up the allegations as vengeance for statements Dyer made to his estrange wife's new boyfriend about her character. Dyer says that the false allegations made by his daughter were a result of her mother's coaching.
Sergeant Charles Dyer originally went to trial on Oklahoma child molestation charges in April. A jury deliberated the verdict for more than seven hours before announcing to the judge shortly before midnight on April 28 that they were hopelessly deadlocked. The judge declared a mistrial.
Character witnesses spoke on behalf of Dyer at his first trial, and the former Marine maintains that he is being set up by a vengeful ex-wife and that, because of his anti-government views, police and prosecutors are failing to investigate the case thoroughly. Dyer is believed to be a member of the Oath Keepers, a non-profit organization that believes it is their right and duty to intervene when government actions are unconstitutional.
Dyer was previously acquitted of a weapons offense in Oklahoma after he was charged with knowingly possessing a grenade launcher.
According to authorities, Dyer committed no known crimes while he was on the run. He was found with $1,000 and told police he had not eaten in four days.
Assault and Battery – Great Bodily Injury
Phillips and Bailey have been representing a client charged with felony Assault and Battery causing Great Bodily Injury. That case was dismissed today in Oklahoma County Court.
Felony Child Endangerment
The Oklahoma Criminal Defense Attorneys at Phillips and Bailey were successful today in have a case for Felony Child Endangerment dismissed today in Pontotoc County Court.
Oklahoma Expungement after a Deferred Sentence
An Oklahoma expungement lawyer can help you clear your criminal record to minimize or eliminate the impact it has on your life. Once your legal debt has been paid--or if there was no debt to pay--there is no reason a criminal record of a misdemeanor or nonviolent felony should continue to hinder your employment opportunities, housing options, or ability to secure a financial loan.
Though there are many reasons for expungement and several ways with which one my qualify for criminal record expungement, perhaps the most common is the expungement of a guilty plea or plea of no contest after successful completion of a deferred sentence. In a deferred sentence situation, a defendant pleads guilty or no contest to the crime with which he or she is charged--generally a misdemeanor such as a DUI. The judge withholds sentencing contingent upon the defendants successful compliance with the terms of a probationary period. In a deferred sentence, a person may receive community service, mandatory drug or alcohol treatment or counseling, and other restrictions in lieu of jail time.
If the defendant adheres to all the terms of the probation and deferred sentencing agreement, at the end of the probationary period, his or her guilty plea will be stricken from the court records and the record will read "Pled Not Guilty, Case Dismissed." A deferred sentence is a positive result to a first-offense criminal case, allowing the defendant to avoid not only jail time, but also record of a criminal conviction. After completion of a deferred sentence, the defendant can honestly answer, "No," to the employment application question, "Have you ever been convicted of a crime?"
However, many people fail to realize that the expungement of a plea of guilt or no contest does not permanently erase one's criminal record. Though court records are updated to read that the accused pled not guilty and the case was dismissed, a person's arrest record remains on file with the Oklahoma State Bureau of Investigation (OSBI). This means that anyone conducting a criminal background search with the OSBI will still turn up a record of the arrest along with the charge for which the defendant was arrested--even if he or she was never formally charged or convicted.
To permanently clear even one's arrest record on file with the OSBI, certain criteria must be met. The Bureau itself recommends hiring an attorney to help petition to clear one's record. For more information on how to qualify for a complete expungement of your criminal record--both in court records and with the OSBI, contact an experienced Oklahoma expungements attorney.
An Oklahoma Criminal Lawyer’s Sex Crime Defense Strategies
As any Oklahoma City criminal lawyer can attest, there is perhaps no other crime for which the accused suffers so immediately the stigma of arrest than a sex crime. Those accused of sex crimes are often presumed to be guilty by the general public, without any other merit than an arrest which may be completely unfounded. In fact, many lawyers believe that there are more people wrongfully accused of sex crimes than any other criminal offense, and arrests may be based on nothing more than hearsay or the word of a spiteful alleged victim.
Someone accused of a sex crime--particularly a sex crime against a child--may be ostracized by his or her neighbors, church, co-workers, and even friends and family. Oklahoma sex crime defense requires skilled legal counsel from an attorney experienced at handling sex offense cases.
Sex crimes lawyers in Oklahoma must be skilled investigators, negotiators, and trial attorneys. They must be equipped to handle all the nuances of sex crime defense and be adequately prepared for each stage of the case, from initial investigations through any possible post-sentencing proceedings:
- Initial client interviews
- Criminal investigation
- Police questioning
- Witness interviews
- Psychosexual examinations
- Scientific evidence
- Media attention
Depending on the unique circumstances of each case, an attorney will develop a defense strategy to work for the best possible outcome. For example, the case of former Oklahoma City police officer Maurice Martinez, 45, has captured local media attention. Martinez was accused of the sexual abuse of three adopted sons and a former foster son, and has been charged with 32 felony counts. However, the case is rife with complications and twists, with allegations of evidence tampering, a botched police investigation, a break-in to Martinez's house, and conflicting witness statements from former foster children in Martinez's care. Most currently, Martinez's Oklahoma City sex abuse defense attorneys point to the results of a psychosexual examination. According to the counselor conducting the exam, Martinez has “no significant interest in males of any age.” His defense attorneys are using the results of the assessment as grounds to ask the judge to reconsider his decision to deny bail to the former police officer. Because the examination and the counselor's findings contradict the allegations against their client, his attorneys request that bail be granted.
Sex crime defense attorneys work to protect the rights of the accused throughout a criminal process that favors victims' rights. Whether a defendant is falsely accused or the victim of his or her own bad decisions, a skilled criminal attorney will work to ensure a fair and just legal process.
A Defendant’s Rights in Oklahoma
For most people arrested or charged with a crime in our state, hiring an Oklahoma criminal defense lawyer is the best option for protecting their rights. Under the justice system, the accused have certain fundamental rights which can often only be adequately upheld with counsel from a qualified criminal attorney.
So what are a defendant's rights?
First, anyone questioned by police or investigators has the right to remain silent to avoid self-incrimination. Unfortunately, many people do not realize that their right to silence is in place even before an arrest. Police are not required to read you your Miranda rights unless and until you have been arrested. However, you may refuse to speak with authorities at any time. If you are questioned by police, it is important to remember that they are likely trying to get evidence against you. Anything you say, even if you are just trying to "straighten things up," explain your side, or defend your innocence, can be manipulated and used against you by skillful prosecutors. It is generally recommended that you decline to answer any questions or make any statements until you have spoken with a criminal attorney in Oklahoma.
In fact, the right to have counsel is among the most significant of a defendant's rights. It is important to realize that legal counsel is deemed so critical to a defendant's justice that it is a Constitutional right under the Sixth Amendment: ""In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense." By hiring an Oklahoma defense lawyer, you protect all other rights in a criminal investigation and trial.
Court rulings have held that the Sixth Amendment right to counsel is not just the right to any attorney, but the right to adequate and effective counsel:
- "The right to counsel is the right to the effective assistance of counsel." (McMann v. Richardson, 1970)
- A defendant has the right to "effective aid in the preparation and trial of the case." (Powell v. Alabama, 1932)
- "The right to counsel prevents the States from conducting trials at which persons who face incarceration must defend themselves without adequate legal assistance." (Cuyler v. Sullivan, 1980)
A defendant can protect his right to effective counsel by hiring an Oklahoma criminal defense attorney with a reputation for integrity and professionalism and with a proven record of success.
Other defendant's rights include the right to a speedy trial, the right to a jury of one's peers, the right to an impartial jury, the right to confront one's accuser and prosecution witnesses, the right to produce evidence for the defense, and the right to testify on one's own behalf. In some cases, some of these rights may not hold true. For example, in juvenile cases, a defendant would not have the right to a jury of other juveniles, and in child molestation cases, a defendant does not have the right to confront a child accuser. However, a qualified attorney can explain your rights and your options, and can pursue the best outcome to your case.
To maximize the protection of your rights as a defendant in a criminal case, uphold your right to effective counsel by calling an experienced Oklahoma criminal defense attorney.
Felonious Use of a Computer
The Oklahoma Law Firm of Phillips and Bailey was successful today in having a case against one of our clients dismissed in Oklahoma County Court. The charge was for "use of a computer to violate Oklahoma Statutes".
Fatal Oklahoma DUI Brings Murder Charge for Man Accused of Buying Alcohol
Most DUI cases are relatively minor, but Oklahoma City DUI lawyers often see the ripple effect a serious alcohol-related traffic violation can have. Social host laws, which are in effect in hundreds of cities across Oklahoma, hold accountable those who serve alcohol to minors on their premises and those who recklessly continue to serve alcohol to obviously intoxicated patrons. Last week, a new twist was added to the liability of those who provide alcohol to minors when a man was charged with murder after allegedly buying alcohol for teenagers who were later involved in a fatal DUI accident.
John Halford, Jr., 25, of McCloud, was charged not only with purchasing alcohol for a person younger than 21, but also with second degree murder. Halford is accused of buying alcohol for cousins Wyatt Dunn, 17, and Tory Allen Dunn, 20, in January of 2010. The elder Dunn was deemed to be intoxicated when he later crashed his vehicle. His teenage cousin died in the accident.
Halford and his attorney deny that Halford bought alcohol for the teenagers. Halford claims he did buy vodka that night, but the minors took it from his truck.
Tory Dunn was convicted of second degree manslaughter and sentenced to six years in prison followed by lengthy supervision by the Oklahoma Department of Corrections. Tory Dunn's Oklahoma criminal defense attorney claims that the charge and conviction were excessive, saying that factors other than alcohol played a role in the fatal accident, including a narrow, icy road and his attempt to swerve out of the way of an oncoming vehicle. According to his lawyer, “We've always thought it was an excessive sentence for a young man who made a terrible mistake. He chose to take the punishment out of grief for his cousin and concern a jury could give him more."
Cries of inflated charges are echoed by Halford's Oklahoma defense lawyer. He said to reporters, “The person who is actually responsible gets manslaughter and Mr. Halford is charged with a heavier offense. How is that right? They're trying to make an example out of someone, and unfortunately Mr. Halford is caught in the cross hairs.”
The prosecution's own words seem to prove that point. According to District Attorney Richard Smothermon, the case is the first such that he has seen, and he feels it could set a trend in Oklahoma.
Oklahoma Medicare Fraud Continues to Rise
Oklahoma Medicare Fraud Cases More than Triple
Over the last three years, Oklahoma fraud lawyers have seen a significant increase in the number of Medicare fraud cases. One recent news report claims that in Oklahoma, Medicare fraud has increased by 350% in the last three years, resulting in seven criminal cases and thirty eight civil suits totaling more than $22 million in settlements. According to the Coalition Against Insurance Fraud, nearly $24 billion dollars are spent on improper, inaccurate, or fraudulent Medicare and Medicaid claims annually in the United States. With such a heavy financial toll on the government and taxpayers, fraud cases are investigated and prosecuted vigorously. The United States Department of Health and Human Services reports that the federal government saves $1.55 for every $1 invested in fighting fraud.
Medicare Fraud and Medicaid Fraud in Oklahoma
Medicare fraud and Medicaid (SoonerCare) fraud can take many forms, and while the fraud is generally perpetrated by the health care provider, patients can be involved as well. The most common types of health care fraud include:
- Phantom Billing - The medical provider bills Medicare for procedures, tests, or equipment that is unnecessary or never performed.
- Patient Billing - The patient receives kickbacks and benefits for allowing his or her Medicare number to be used for fraudulent billing.
- Upcoding - The medical provider bills for more expensive procedures and equipment than is actually used or delivered.
In any of these cases, Medicare or Medicaid is fraudulently billed for services that were not provided. According to a United States Senate Permanent Subcommittee on Investigations, Medicare paid out more than $1 billion in questionable expenses between 2001 and 2006, including walkers for patients with sinus congestion, paraplegia, and shoulder injuries and diabetes glucose test strips for patients with "breathing problems, bubonic plague, leprosy or sexual impotence." With investigations revealing such abuse of the Medicare system, it is no wonder the government is cracking down on Medicare fraud.
Oklahoma Fraud Defense Attorneys
Unfortunately, taking a hard line against fraud can mean some deserving patients do not get the services they need, and medical providers may be accused of impropriety when they are actually filing legitimate claims. If you have been accused of Medicare fraud, or if you suspect you are being investigated for fraud, contact and Oklahoma City fraud lawyer who can help you protect your rights. Maybe your actions are legitimate; maybe you did not know your actions were against the law; maybe you felt forced to participate in a fraud scheme by an unscrupulous employer. Whatever the situation, contact an Oklahoma white collar crimes lawyer who can help you build the strongest defense against charges of Medicare fraud or Medicaid fraud in Oklahoma.
Oklahoma Man Accused of Soliciting Edmond Minor Online
With the seeming anonymity of online interactions, people who might otherwise lead law-abiding lives find themselves in need of an Oklahoma sex crimes lawyer. Whether innocent chat crosses the line, a comment taken out of context leads to misunderstanding, or someone falls victim to an online sting operation designed to entrap online predators, internet conversations--particularly with minors or those assumed to be minors--can quickly turn into a nightmare for anyone accused of soliciting minors online in Oklahoma.
Such is the case for a 57-year-old Crescent man who was arrested Wednesday for violations of the Oklahoma Computer Crimes Act. Floyd Jacks was arrested on complaints of Oklahoma indecent proposals to a minor and online solicitation of a minor. Jacks is accused of communicating with a 14-year-old girl from Edmond, Oklahoma, via an internet chat room. After their conversations allegedly turned sexual in nature, police were alerted and began posing as the girl online in order to continue the chats.
According to Edmond police officer James Hamm, Jacks arranged to meet the "girl" at an Edmond grocery store, and detectives were waiting for the suspect when he arrived. Jacks was arrested and booked into the Oklahoma County Jail with bail set at $17,000.
Police say that Jacks had tried to set up several prior meetings with the girl before going to the grocery store to meet the decoys.
In Oklahoma lewd proposals to a minor is punishable by up to 20 years in prison on the first offense. Soliciting minors online also carries lifetime sex offender registration for those convicted.
When using the internet to communicate with minors, one leaves a trail of evidence through saved emails and chats, printed documents, web browsing history, and more. Computer forensic experts can trace evidence even when the accused thinks he or she has deleted it from the computer. Oklahoma computer sex crime defense lawyers must be highly skilled and must carefully evaluate each individual case to find the best approach for defense against the charges.
Those accused of internet sex crimes, such as online solicitation of minors, lewd or indecent proposals to minors, child pornography, or sexting, should quickly find qualified legal representation from an experienced Oklahoma sex crime attorney with a proven record of successfully defending clients against criminal charges.