Avoid Oklahoma DUI with Designated Drivers
During the holiday season, Oklahoma City DUI defense attorneys often see an increase in business, as holiday parties combine with a sobriety checkpoints to yield an increase in DUI arrests. However, there is no reason to see an increase in DUI arrests in Oklahoma if drivers and party goers take advantage of opportunities to keep the roadways safe.
AAA kicked off the holiday season of their Tipsy Tow service over the Thanksgiving weekend. Tipsy Tow eliminates one problem faced by party goers who realize that they have had too many drinks to drive safely. If a person finds himself or herself too intoxicated to drive, the safe thing to do is call a cab or get a ride home from a sober friend. However, these options require going back to retrieve one's car the next day. For some people, trying to find a ride back to their car in the morning can be a hassle. Rather than trying to figure out how, many simply risk the drive home--which may result in a dangerous accident or a DUI arrest. Tipsy Tow remedies this risk by not only taking an intoxicated person home, but towing his or her car free of charge within a 15 mile radius of the point of pick-up.
One does not have to be a member of AAA to take advantage of the Tipsy Tow service, which is available from mid-December through New Year's Day. Tipsy Tow will not only transport you and your vehicle to your home, but will allow one additional passenger, getting couples home safely.
Another option for avoiding a DUI in Oklahoma City or Norman is to call Safe Rides LLC, a designated driver service that operates year-round to get you and your passengers home safely. While Safe Rides LLC is not a free service, it is different from a typical cab service in that it also gets your vehicle to your destination, eliminating the need for morning-after pickup.
As any Oklahoma City DUI lawyer can tell you, the hassle of a DUI arrest and the ensuing legal consequences far outweigh any "inconvenience" of finding a designated driver and any expense of hiring a cab or safe ride home. Tipsy Tow is just a phone call away, delivering you and your car safely home with no expense and no questions asked.
The Oklahoma DUI lawyers with Phillips & Bailey encourage you to drink responsibly and designate a sober driver for all of your holiday parties. We wish you a safe and happy holiday season.
Oklahoma Defense Attorneys Thankful for Justice
The Oklahoma criminal defense attorneys with the Oklahoma City law firm of Phillips and Bailey would like to wish you all a happy Thanksgiving. As the people of our nation take time out of their busy schedules to stop and reflect on the things for which they are grateful, many should consider expressing gratitude for a criminal justice system that promises the right to due process and a fair trial.
Justice is not only about punishing the guilty or defending the innocent. Certainly these things are a part of justice, but so is the protection of one's constitutional rights. Thanks to criminal defense lawyers in Oklahoma, many defendants who were convicted in the media had their cases dismissed or were acquitted at trial because of insufficient, circumstantial, or otherwise flawed evidence. Newspapers, television news, and online media present a side of the story that is often lurid and designed to capture attention and boost ratings. The truth is often obscured by one-sided presentation of supposed evidence; in fighting for a fair trial, criminal lawyers protect their clients by uncovering the truth and challenging faulty or illegal evidence.
While not every case ends in dismissal or acquittal, true justice includes not only a fair trial and due process, but also a punishment that does not exceed justice. Inflated charges may be reduced, and favorable sentencing options may be negotiated. Through negotiation, plea agreements, and skillful defense, an Oklahoma criminal lawyer can help his or her clients avoid unnecessary consequences and achieve the best possible outcome.
For more than fifteen years, the Oklahoma criminal attorneys with Phillips & Bailey have been upholding justice for clients in and around Oklahoma City. Our history of success includes more than a decade of dismissals and acquittals for those charged with sex crimes, violent crimes, drug offenses, DUI, and white collar crimes and fraud cases. Through these positive outcomes, many Oklahomans are able to spend this holiday with their loved ones, rather than locked away behind bars through a miscarriage of justice. For that, we are truly thankful.
Oklahoma Lawsuit Filed after Playground Death
Oklahoma personal injury attorneys help injured victims obtain financial compensation from injuries resulting from someone else's negligence. In some cases, a defective product may lead to the death of its user; in wrongful death cases, surviving dependents may file suit seeking compensation for financial and emotional damages resulting from the death of their loved one. Among the most unfortunate and tragic personal injury cases are those involving children. Oklahoma child injury lawyers will be closely monitoring the outcome of a recently filed lawsuit pertaining to the school playground death of an Oklahoma fourth grader.
Cathy Collins, the mother of the girl suffering a fatal head injury in a playground accident, filed suit last month against the manufacturer of the playground equipment involved in the accident, the local retailer which sold the product to the school, and the Wyandotte School District.
Collins's daughter, Alyssa Avila, was only nine years old when she fell from the X-Wave, a piece of playground equipment similar to a teeter-totter. The X-Wave moves in multiple sections and can seat up to twenty children at a time. In the accident, Alyssa fell from the X-Wave and was apparently unharmed. However, as she was getting up, a section of the X-Wave came down and struck her on the head. Alyssa was in full cardiac arrest when she was transported from the school, and she died of severe concussion at Integris Baptist Regional Health Center in Miami, Oklahoma.
After the accident, Wyandotte Elementary School dismantled the X-Wave and placed it in a secure storage area. Several other Oklahoma school districts also removed similar equipment from their playgrounds. However, Xccent, Inc., maker of the X-Wave, still lists the dangerous equipment as available on its website.
Cathy Collins's Oklahoma personal injury lawyer holds Xccent, Inc., accountable for the defective design of the X-Wave. The lawsuit further claims that Noah's Parks and Playgrounds of Edmond, Oklahoma, failed to provide adequate product warnings and precautions to purchasers including the Wyandotte School District. The lawsuit also alleges that the Wyandotte School District failed to install the recommended minimum amount of mulch and/or other safety surface material around the X-Wave.
Accidents can happen anywhere, even on school playgrounds, and even in the first days of school. If the accident occurs as a result of a defective or dangerous product, the designer, manufacturer, retailer, installer, and others can be held financially accountable for any injuries that result. If your child has been injured as a result of a daycare accident, playing with a dangerous toy, or in an accident on defective equipment, contact an Oklahoma child injury attorney who can help you seek justice and financial compensation from those responsible for your child's suffering.
Soliciting a Minor
A sex crimes case, defended by the attorneys at Phillips & Bailey, was dismissed today. The client was charged with Soliciting Sexual Conduct or Communication with a Minor by Use of Technology. He was charged in McCurtain county.
Oklahoma Defense Lawyers Question Wisdom of Sandusky Interview
Sex crime defense attorneys in Oklahoma and around the country are watching the unfolding of the Penn State sex abuse scandal along with the rest of the nation. In a case that has left so many Americans baffled by the apparent lack of accountability, a recent move by the accused has criminal defense attorneys scratching their heads. Jerry Sandusky, the man accused of sexually abusing children for at least fifteen years and charged in forty criminal acts, granted an interview.
To Bob Costas.
With the consent of his attorney.
In fact, according to Bob Costas, the attorney arranged the interview, asking the noted sports broadcaster, "What if I can get Sandusky on the phone?" Sandusky's attorney, Joseph Amendola, had his client speaking to a worldwide audience via Bob Costas approximately 10-15 minutes later. The unscheduled interview, which is largely considered ill-advised to anyone remotely aware of criminal law, was a maneuver that perplexed even the interviewer. Bob Costas is reported as saying, "I'm thinking, 'I wonder from your standpoint whether that's the smartest thing to do,' but at the same time, sure if you want to do it. Let's get him on the phone."
Though Sandusky proclaimed his innocence throughout the interview, it did little, if anything, to clear his name in the eyes of the public. Many prosecutors and defense attorneys not associated with the case say that the interview was particularly damaging to the defense. Sandusky's responses, though denying any criminal sexual abuse, will be easily used against him at trial.
As Lynn Abraham, a former Philadelphia district attorney, told the media, "Mr. Sandusky goes on worldwide television and admits he did everything the prosecution claims he did, except for the ultimate act of rape or sodomy? If I were a prosecutor, I'd be stunned."
Jerry Sandusky's interview answers were, in fact, stunning. His--and his sex crime defense attorney's--complete disregard for the right to remain silent has certainly given weight to the prosecution. His actions epitomize the common wording of Miranda rights; his words can and will be used against him in a court of law.
Though Sandusky denied any sexual contact with minor boys, he admitted to actions which are questionable at best. Saying he is innocent of criminal charges, Sandusky admitted, "I could say that I have done some of those things. I have horsed around with kids. I have showered after workouts. I have hugged them, and I have touched their legs without intent of sexual contact." Many people say the most damning part of the interview was not so much in his words, but in his floundering over a particular question. When Bob Costas asked Sandusky if he was sexually attracted to young boys, Sandusky appeared to stumble over the answer, first repeating the question, then responding, "I enjoy young people; I like to be around them. But no, I am not sexually attracted to young boys."
There is no question that Jerry Sandusky and the Penn State sex abuse scandal is a case unique by its public scrutiny and by the media frenzy surrounding the case. It is generally advisable in any criminal case for the defendant to remain silent, and certainly not to grant interviews on such a grand scale. Celebrity criminal defense attorney Mark Geragos (noted for his defense of O.J. Simpson), said he would "knock [his] client over the head with a two-by-four" before he allowed such an interview, but notes that the outcry over the case and immediate call for conviction make the Penn State case an "unusual case" that may call for "unusual tactics."
Though not every child sex abuse case gains the media attention and notoriety of the Sandusky case, virtually all child sex abuse cases share the public conviction of the accused before any legal judgment is rendered. Locally, it is important to find an Oklahoma sex crime lawyer who is experienced in criminal defense of child sex abuse charges, who demonstrates continued success in the defense of his clients, and who understands the laws regarding the rights of the accused and how to uphold and protect those rights throughout the criminal justice system. For more information or to speak with a sex crime lawyer in Oklahoma City, contact the law office of Phillips & Bailey.
Multiple Oklahoma Drug Crime Trials
The Law Firm of Phillips and Bailey achieved great outcomes for our clients today in multiple drug related criminal cases. Charges of Possession of CDS (controlled dangerous substance), possession of drug paraphernalia, and public intoxication were all dismissed today in Oklahoma court.
Trial Ordered in Oklahoma Sex Abuse Case
The Oklahoma Criminal Defense law blog earlier wrote of the revocation of bail for Amy M. Blose, 38, Norman. Blose is accused of a prolonged sexual relationship with a boy who was 13 at the time the alleged acts began. She was released on $20,000 bond, but her bail was revoked when a teenaged girl told authorities that Blose attempted to contact the boy in direct violation of the terms of her release. Her Oklahoma sex crime defense attorney asked the judge to reinstate the defendant's bail, saying there was no evidence, other than the word of a teenager, that his client attempted to contact the boy. The judge refused.
Now, the Cleveland County judge has ordered that there is sufficient evidence of sexual abuse for Blose to stand trial. Special Judge Michael Tupper added sixteen counts of sexual abuse to the eight counts brought by the District Attorney. Because the alleged relationship began when the boy was in seventh grade and continued into his eighth grade year, Blose will stand trial on twenty-four counts: fifteen counts of first-degree rape, three counts of forcible oral sodomy, one count of indecent proposal to a child, and five counts of lewd acts with a child in Oklahoma.
The penalty for a conviction of first degree rape in Oklahoma is a minimum five years in prison and up to life in prison without parole. The penalty for lewd acts with a minor in Oklahoma is one to twenty years in prison on the first offense with life in prison without parole the penalty for subsequent offenses. With so many charges against her, Blose faces significant prison time--even life without parole--if convicted of Oklahoma sex abuse.
Facing rape charges--particularly child rape charges--is a delicate, precarious, and challenging legal battle. In many ways, the deck is stacked against the accused. In order to protect innocent victims, the accused is often barred contact with any minors, including his or her own children. In the public eye, the burden of proof falls on the defendant to prove his or her innocence, rather than on the prosecution to prove guilt. Those accused of rape, child sexual abuse, or other sex crimes should seek immediate counsel from an experienced Oklahoma sex crimes lawyer.
Oklahoma Criminal Charges and Civil Litigation
Oklahoma courts rule on both criminal cases and civil cases, and while each type of litigation is clear and distinct from the other, there are circumstances in which a person may be a defendant in both a criminal case and a civil case for the same alleged action. Having civil action brought against you even though you were acquitted of a criminal charge does not violate your Fifth Amendment right to avoid double jeopardy, because of several distinguishing features of each type of case.
In a criminal case, the defendant is charged with violating a local, state, or federal law. The charges are brought by the government, and the defendant is prosecuted by the District Attorney, and has the right to legal defense by an Oklahoma criminal lawyer. In a criminal case, the prosecuting attorney's burden of proof is to demonstrate beyond a reasonable doubt that the defendant is guilty of the crime with which he or she is charged. If the defendant is convicted, or found guilty, of the crime, he or she faces legal consequences which may include fines, jail or prison sentences, and probation. Though in some cases, such as embezzlement or other white collar crimes, the defendant is ordered to pay restitution as part of the sentence, in most cases, the legal consequences of a criminal case do not involve financial compensation to the victim(s) of the crime.
Civil litigation, on the other hand, is brought by the injured victim or by the family of the victim in a wrongful death case. The penalties associated with a civil lawsuit are financial compensation for punitive damages, medical expenses, pain and suffering, and other physical, emotional, and financial difficulties incurred by the victim. If a defendant in a personal injury or wrongful death lawsuit loses the case, he or she reaps financial penalties, but is not saddled with jail or a criminal record as a result. Civil litigation holds accountable those whose negligence or wrongdoing--even if it is not a violation of a criminal law--harms others. In a civil case, the burden of proof by the Oklahoma City personal injury lawyer bringing suit is much lighter. Rather than proving beyond a reasonable doubt that the defendant is guilty, the attorney must simply demonstrate a preponderance of evidence, meaning that it is more likely than not that the defendant is in some way responsible for the plaintiff's injury or death.
Because of the differences in the two types of cases, it is possible that a defendant in a criminal case will also be a defendant in a civil case as a result of the same action. A civil lawsuit can be brought against a defendant in a criminal case regardless of the outcome of the criminal case. One common example of a person facing both criminal and civil litigation occurs after a DUI accident. Whether the defendant is convicted of DUI or whether his or her Oklahoma DUI defense lawyer is able to get the case dismissed, anyone injured in the accident may sue for damages in a civil case. Because the burden of proof is lighter in a civil case, the victim may be awarded damages even if the defendant was found not guilty or had the criminal case dismissed. The most notorious example of this is the O.J. Simpson murder trial and wrongful death lawsuits that followed. Though Simpson was found not guilty of the murders of his ex-wife Nicole Brown Simpson and her friend Ron Goldman, the families of the victims brought wrongful death suits against him. It was demonstrated by a preponderance of evidence that Simpson was responsible for the deaths, and the families were awarded $33.5 million in compensatory and punitive damages.
Locally, this is playing out in the case of Oklahoma City police officer Chad Peery. While off-duty, Peery was asked by bartenders at an Oklahoma City bar to escort some unruly patrons from the facility. Peery was beaten by the men and paralyzed as a result of the brutal attack. Joshua B. Rinken, Jimmy Dan Smith, and Cadmio Antonio Lopez have been charged with assault and battery by means of force as is likely to cause death and face a possible sentence of life in prison if convicted. In addition to the criminal charges, the men have been named in a personal injury lawsuit filed by Officer Peery on October 31, the day before a $350,000 cap on non-economic damages in personal injury suits, went into effect. Peery is seeking actual and punitive damages for the catastrophic personal injury he incurred as a result of the beating. Also named in the lawsuit is The New Dan O'Brien's LLC, the company that owns the establishment where Peery was beaten. He claims that they are in part liable for his injuries because they continued to serve alcohol to the obviously intoxicated patrons, and because they lacked security on the premises.
Both criminal and civil cases bring heavy consequences for those found guilty or held responsible at the conclusion of the trial. For legal counsel, contact an experienced personal injury lawyer or criminal defense attorney in Oklahoma City.
New Law Increases Late Oklahoma Injury Lawsuit Filings
Last week, the Oklahoma Criminal Defense Lawyer blog brought you news of several laws that would take effect November 1. However, criminal penalties and traffic laws are not the only legislation that has been enacted as of the first of this month. One new law limits the amount of damages a plaintiff can be awarded in a personal injury suit. With the limit fast approaching, the last week of October was an extremely busy one if you happened to be an Oklahoma City personal injury attorney or a civil court clerk in the Oklahoma County District Courthouse.
House Bill 2128, which took effect last Tuesday, is part of a push for tort reform. It caps the award for non-economic damages in a personal injury suit--such as pain and suffering--at $350,000. Though personal injury lawyers in Oklahoma City say that the vast majority of personal injury litigation will not be affected by the cap, many feel that the law is unfair in capping the amount of compensation for non-economic losses for those who truly deserve financial compensation for their suffering.
Oklahoma City personal injury lawyers were working diligently to file lawsuits for cases that may have been affected by the cap had they been filed after November 1. According to Teresa Becker, head of the civil division of the Oklahoma County District Court Clerk's office, approximately 1,600 lawsuits were filed in October, with the majority of those cases being filed in the final days of the month. She told the local media that, in a typical month, the court clerk's office sees between 200 and 500 filings. If her figures hold true, then in the final four business days of October, there were a month's worth of filings each day:
- Wednesday, October 26 - 200 lawsuits filed
- Thursday, October 27 - 200 lawsuits filed
- Friday, October 28 - 300 lawsuits filed
- Monday, October 31 - 400 lawsuits filed
Though House Bill 2128 places a cap on the amount of damages awarded for pain and suffering and other non-economic impact of a personal injury accident, the $350,000 limit may be exceeded in certain cases of negligence. A personal injury attorney in Oklahoma City can evaluate any claim to uncover all potential sources of recovery.
Another law passed in the name of tort reform is Senate Bill 272. This law eliminates the possibility of being awarded non-economic damages for people involved in motor vehicle accidents if they do not have required auto insurance. Some Oklahoma City accident attorneys claim that both House Bill 2128 and Senate Bill 272 are unconstitutional and are determined to fight them. In the meantime, if you are involved in an accident or injured as a result of another's negligence, contact an experienced Oklahoma City personal injury attorney for an evaluation of your case.
Oklahoma Probation Rules
Once again, actress/celebrity Lindsay Lohan is in trouble for violating the terms of her probation. This time, she has been sentenced to thirty days in jail for her failure to successfully comply with her probation rules. Though she has received a one month sentence, she will likely serve only a fraction of that time--if any--due to prison overcrowding. However, her continued probation violation reminds us that, if sentenced to probation, it is important to strictly adhere to the terms of the probation to avoid further legal difficulties and criminal charges. If you are convicted of a crime in Oklahoma, your Oklahoma criminal lawyer can help explain the terms of your probation to make sure you understand what is expected of you and what can happen if you violate probation.
Probation is an important part of criminal sentencing in Oklahoma. While probation may occur in addition to a jail or prison sentence, it can also be a strong negotiating tool for an Oklahoma defense attorney who may be able to achieve probation instead of prison for his or her clients. Regardless of the reason for probation, violation of probation or parole will generally result in the revocation of the probation and the remainder of the sentence will take place behind bars.
Deferred sentencing and suspended sentencing are common sources of probation in Oklahoma. In a deferred sentence, a conviction is postponed pending the successful completion of probation. If the defendant abides by all the terms of the probation and commits no new crimes during the deferral, the case is dismissed and no criminal conviction appears as a result. In a suspended sentence, all or part of the jail sentence for a conviction is "suspended," meaning the convicted person spends the time on probation rather than in jail. In both a deferred sentence and a suspended sentence, if you break the rules, the deal is off. You will spend the remainder of your sentence in jail.
Common conditions of Oklahoma parole or probation include:
- Reporting to a parole officer (for parole or supervised probation)
- Obeying all laws
- Inability to leave the state of Oklahoma without prior written permission
- Not allowed to use or possess drugs or alcohol
- Not allowed to associate or communicate with others convicted of crimes, serving probation or parole, or with criminal records (excluding immediate family)
- Pay monthly parole fees
- Subject to random search and/or urinalysis testing
Those convicted of sex crimes in Oklahoma face extra restrictions as part of the Oklahoma Sex Offender Registration Act, and any person on probation may be subject to special conditions including community service, alcohol or drug treatment or counseling, curfew, electronic monitoring, Victim Impact Panel, and more.
If you need help understanding your probationary terms, contact your criminal defense attorney. Following the conditions of your probation is too important to leave to guesswork. If you are charged with parole violation, contact your Oklahoma City criminal lawyer at once.