Being accused of any of these state or federal sex crimes can lead to the ultimate destruction of one's personal relationships, professional reputation, livelihood, and lifestyle.  For those convicted, prison sentences are often quite lengthy, with many Oklahoma sex crimes punishable by life in prison.  Upon completion of any prison sentences, many individuals are required to register for ten years to life as an Oklahoma Sex Offender, a designation which significantly restricts one's freedoms.

Under the new DUI law, those convicted of DUI in Oklahoma are required to install an ignition interlock device on any vehicles they own.  Additionally, once these drivers' licence suspensions are complete, they are required to obtain a special driver's license that clearly states "Interlock Required."  These licenses signal officers that a driver is not legally permitted to drive any vehicle without the interlock device installed and helps prevent DUI offenders from circumventing the law by driving another's vehicle.

What is ignition interlock?

Essentially, the ignition interlock device is a breathalyzer machine that prohibits a vehicle from starting if the driver's Blood Alcohol Concentration (BAC) meets or exceeds the set point of the device--generally 0.02 or 0.04 percent, which is lower than the legal limit of 0.08 percent for DUI in Oklahoma.  The device is designed to prevent impaired drivers from taking the wheel after drinking.  Often, those who have been drinking underestimate their level of impairment.  With an ignition interlock device installed, there is little room for error.  Ignition interlock devices are often equipped with a camera so an impaired driver may not get another person with "clean" breath to blow into the device to start the car.

Who is responsible for oversight of ignition interlock in Oklahoma?

The ignition interlock industry in Oklahoma is regulated by the states Board of Tests for Alcohol and Drug Influence (BOT).  The BOT certifies ignition interlock devices annually, and they publish a list of approved devices.  The BOT further licenses ignition interlock service centers and approves and licenses ignition interlock technicians.  Ignition interlock is installed at the expense of the convicted driver.  Once the device is installed, the licensed ignition interlock technician provides the driver with verification of the device installation and remits the appropriate fee to the BOT.

Ignition interlock rental fees are approximately $70-$100 per month, and installation is approximately $100.  Tampering with an ignition interlock device or attempting to disarm or disable the device is a crime punishable by a fine of $500 and up to six months in jail.

If a vehicle owner knowingly allows a driver with an "Interlock Required" license to drive a vehicle without the device, he or she may be charged with a misdemeanor punishable by a fine of $500 and up to six months in jail.

The installation of an ignition interlock device is a requirement only after the completion of a driver's license suspension. Once the suspension period is up, the Oklahoma DUI offender must provide proof of installation of an ignition interlock device in order to have the license reinstated.

For more information about ignition interlock and other Oklahoma DUI laws and penalties, contact Phillips and Bailey to speak with an experienced DUI lawyer in Oklahoma City.

Three Oklahoma DUI arrests in the past week show that DUI is a crime that can affect anyone, including an Oklahoma City councilman, a former assistant police chief, and the former president of a Christian university.

Last Friday, councilman Skip Kelly was arrested for DUI in Oklahoma City when police officers discovered him sitting in his damaged car.  Allegedly, Kelly was intoxicated when his vehicle jumped a curb and hit a fire hydrant.  Kelly, himself an Oklahoma City DUI attorney, told police that he was not drunk and that he had consumed only a glass of wine before driving.  He claims his accident was caused when he took evasive action to avoid a vehicle that almost collided with him.  He refused to submit to a breathalyzer test.  If Kelly is convicted of DUI, it will be his second Oklahoma DUI conviction within three years.  As a second DUI offense, the crime will be charged as a felony, with Kelly facing a fine of up to $2,500 and a maximum of five years in jail.  If he is convicted of a felony, he will also be required to forfeit his position as a member of the Oklahoma City Council.

In a separate DUI case, a former assistant police chief with the Moore Police Department was arrested on an Oklahoma County DUI complaint on Saturday afternoon.  According to the arresting officer, Gary Wayne Tipps, 55, exhibited slurred speech and poor balance when he was pulled over.  Inside the vehicle were a loaded handgun and a cup containing a substance that "smelled like whiskey."  Tipps was reported to be belligerent when arrested, kicking out a window of the police car and spitting on a jailer.  In addition to DUI, Tipps has been charged with destruction of property, possessing a firearm while under the influence, and throwing bodily fluids on a government employee.

On Tuesday, former Oral Roberts University president Richard Roberts was arrested for speeding and DUI near Tulsa, Oklahoma.  He was allegedly clocked travelling at 93 mph in a 65 mph zone.  When Roberts was pulled over, the arresting officer claimed to smell alcohol and said that Roberts was unable to perform two field sobriety tests to check coordination.  A blood alcohol analysis revealed his BAC to be 0.11.

Anyone who consumes alcohol prior to driving may find himself or herself charged with DUI.  Not every DUI arrest comes from erratic driving or from a motor vehicle accident.  More commonly, a person may be pulled over for a minor infraction, such as a rolling stop, turning into the far lane, or a burned-out headlight.  If, during the traffic stop, an officer suspects the driver may be intoxicated, a DUI arrest may occur.  Those arrested for DUI should immediately seek counsel from an experienced Oklahoma DUI lawyer.

A warrant has been issued for the arrest of Ronald J. Green II, 23, on a charge of forcible oral sodomy in Oklahoma.  Green was a temporary social worker aide with the DHS office in Stillwater from May to October of 2012.  He is accused of committing the crime in September 2010, when he was transporting a 15-year-old girl from Stillwater to a foster care placement in Tulsa.  The alleged victim did not report the incident until late 2011, more than a year after the incident was alleged to have taken place.  Stillwater police notified the OSBI in late December to oversee the case.

Under state sex crime statutes, Oklahoma forcible oral sodomy is defined as:

• Oral or anal sex with a person under the age of 16 by a person who is over the age of 18.
• Sodomy with a person who is legally unable to consent due to mental illness or unsoundness of mind
• Oral sex or anal intercourse perpetrated by force or through the threat of violence

At the time of the alleged incident, Green's accuser was 15 years old and Green himself was over the age of 18.  Furthermore, Oklahoma sex crime law precludes an employee of a state agency from sexual involvement with anyone in state custody.  Therefore, even if the Green's accuser was aged 16 or older, sexual activity between the two--consensual or not--would have been considered illegal.

Green's arrest comes on the heels of a settlement agreement to a federal class-action lawsuit accusing Oklahoma DHS of multiple abuses that jeopardize the safety of children.

It is important to remember, as always, that an accusation of a sex crime does not mean that the accused is guilty of any crime.  Adults who work with children or teens are particularly susceptible to being falsely accused of a sex crime.  Whether Green's accuser is coming forward as a result of abuse at the hands of an adult entrusted with her safety or whether she is making false allegations as a result of some ulterior motive remains to be seen.  Unless or until Green is proven guilty of a sex crime against a minor, he should be considered innocent, just as in any other crime.  Green--and anyone else accused of a sex offense in Oklahoma--would be wise to quickly hire an experienced Oklahoma sex crime defense lawyer to protect his rights.

The story of Sarah McKinley of Blanchard, Oklahoma, has been featured on CBS News, The Huffington Post, The New York Daily News, and even the BBC.  Even former Alaska governor and Vice-Presidential candidate Sarah Palin has weighed in on the story, saying of McKinley, "I'm all in favor of girls with guns who know their purpose."

The events unfolded around 2:00 p.m. on New Year's Eve, when the teen mother called 911 and told the dispatcher that someone was trying to break into her house.  She had barricaded the door with a couch, but the intruder continued to attempt to gain access to her home.  Whispering, McKinley asked the dispatcher, "I've got two guns in my hand.  Is it okay to shoot him if he comes in the door?"  In the released 911 tape, the dispatcher responds, ""Well, you have to do whatever you can do to protect yourself.  I can't tell you that you can do that, but you have to do what you have to do to protect your baby."

It took police approximately twenty minutes to arrive at the scene, and by that time, Justin Shane Martin, 24, was slumped dead over the couch, clutching a knife in his hand.  An accomplice had fled the scene.  Later, the alleged accomplice, Dustin Louis Stewart, 29, turned himself in to authorities.

Prosecutors say McKinley was clearly acting in self defense and will not be charged with any crime.  Oklahoma's "Make My Day" law, officially the Castle Doctrine, allows the use of deadly force for the protection of one's home and any innocent people legally within the home from a violent attack or any intrusion which may turn violent.  An 18-year-old girl protecting her 3-month-old son from a knife-wielding intruder certainly seems to fit the stipulations of the Make My Day law.

Although McKinley will not face criminal charges, Martin's alleged accomplice faces a first degree murder charge.  Under Oklahoma law, if a death occurs during the commission of a felony, such as first-degree burglary in this instance, anyone involved in the crime may be charged with the murder.  Though Dustin Stewart fled the scene and called 911 shortly after the shooting, he has been charged with first degree murder as the alleged accomplice of the fatally wounded Martin.

However, prosecutors will have to prove that Stewart was actually Martin's accomplice in the break-in.  Stewart's Oklahoma defense attorney may point to Stewart's 911 call as evidence of his innocence.

Stewart called 911 shortly after hearing gunfire.  He told the dispatcher, "My name is Dusty Stewart, and I think it is my friend that got shot."  He allegedly told the dispatcher, "I don't know what he was trying to do. I stood at the fence and told him to come on and I don't know what he did."

However, court documents show that Stewart later told police that he and Martin had taken painkillers before going to McKinley's home.  He is reported to have told investigators that Martin knew that McKinley's husband had recently died of cancer, and that he assumed there would be painkillers in the home, so he devised a plan to burglarize the home and steal the painkillers.

Perhaps, in light of this statement, Stewart's Oklahoma criminal lawyer will use his client's cooperation in an attempt to gain leniency in sentencing.

Dusty Stewart was released on bail with a preliminary hearing set for May.  At the time of this writing, Stewart's Oklahoma defense lawyer has not responded to media requests for a statement about this high profile case.

Initially, the Federal Sentencing Guidelines were designed to be mandatory, but in 2005, the U.S. Supreme Court ruled that the Guidelines unconstitutionally violated a defendant's Sixth Amendment rights.  After the Court's ruling in United States v. Booker, the Federal Sentencing Guidelines were determined to be advisory rather than mandatory.

The U.S. Federal Sentencing Guidelines are a complex document exceeding 500 pages.  An Oklahoma federal crime defense lawyer can help a defendant understand where his or her offense falls within the Guidelines to determine the likelihood of a particular sentence.  Because the Guidelines are advisory in nature, a specific sentence may fall above or below the guidelines depending on mitigating factors, aggravating factors, and even the particular attitude of the sentencing judge.

To determine one's possible sentence based on Federal Sentencing Guidelines, one must look at the specific offense with which the defendant is charged and the defendant's criminal history.  Following are the steps to determining the sentence recommended by the U.S. Sentencing Guidelines:

1. Look up the offense with which you are charged in the USSG Federal Sentencing Guidelines.
2. In Chapter 2 of the Guidelines, determine the Base Offense Level of the crime, and make any applicable additions to the Base Level for Specific Offense Characteristics.
3. In Chapter 3 of the Guidelines, make any adjustments pertaining to your specific offense, increasing for aggravating factors and reducing for mitigating circumstances.
4. In Chapter 4 of the Guidelines, determine your Criminal History, whether you are a first offender or a Career Offender.
5. Using your Base Number, including adjustments, and your Criminal History Points, use the USSG Sentencing Chart to determine your likely sentence.

Though as described, determining a recommended sentence is only a few simple steps, it is important to remember that the Guidelines are more than 500 pages long with complex formulas for determining an offense level and criminal history.  A skilled Oklahoma criminal attorney can help determine your likely sentence and can fight aggressively in court to defend you against the charges you face.  He or she will work with you to maximize any "downward departures" in sentencing and minimize any "upward departures" from the guidelines.  For more information about federal crime and federal sentencing guidelines, contact an experienced criminal defense lawyer in Oklahoma City.

According to police, Oklahoma City police officers attempted a routine stop for a traffic violation just after 1:00 a.m. on January 1.  The suspects did not stop, and instead continued east, reaching speeds of up to 100 mph before crashing the vehicle.  Police say Payne and Taylor attempted to flee on foot but were apprehended.  Allegedly, the two men were throwing drugs from the vehicle during the pursuit, and a search of the vehicle revealed large amounts of cocaine and money.  Payne and Taylor were arrested for attempting to elude police and on suspicion of drug trafficking in Oklahoma.

In Oklahoma, drug trafficking charges are usually levied based on the amount of the illegal narcotic in possession of the defendant.  Regardless of whether or not the suspect actually intended to sell or distribute the controlled substance, prosecutors feel that possession of a large amount of drugs is an indication of an attempt to sell or traffic in drugs.

The amount of drug necessary for Oklahoma drug trafficking charges depends on the type of drug in possession:

• Marijuana - 25 pounds
• Cocaine - 28 grams
• Crack Cocaine - 5 grams
• Heroine - 10 grams
• LSD - 50 doses
• Methamphetamine - 20 grams
• PCP - 1 ounce

Though trafficking generally refers to "large amounts," it is clear that possession of even small amounts of particularly potent drugs can lead to drug trafficking charges in Oklahoma.  Larger amounts may bring a charge of aggravated trafficking.

Penalties for a conviction of trafficking in Oklahoma include mandatory prison sentencing, heavy fines, license suspension, and forfeiture of any assets gained by or used in trafficking.  Seized assets may include cash, weapons, and vehicles.

Drug trafficking is a felony which may be charged as either a state offense (trafficking within Oklahoma) or a federal offense prosecuted in conjunction with the FBI or the DEA.

Penalties for a first offense of Oklahoma drug trafficking include four years to life in prison and fines ranging from $20,000 to $500,000.  If a person has two prior drug trafficking convictions, he or she may be sentenced to life in prison without parole.

Oklahoma has some of the toughest drug laws in the nation.  If you are suspected of trafficking in illegal narcotics, it is important to contact a skilled Oklahoma City drug lawyer immediately to begin your defense.

In no certain order, here are a few of the Top Oklahoma Crime Stories of 2011:

• The Jerome Ersland Murder Trial - Pharmacist Jerome Ersland was charged with homicide and convicted for the murder of Antwun "Speedy" Parker, a 16-year-old attempting to rob the Reliable Discount Pharmacy.  Ersland was charged after prosecutors say that his actions went beyond self defense, claiming he shot the robber five additional times after the teenager was incapacitated.  Ersland's trial was fraught with confusion and complications before he was eventually convicted this year and sentenced to life in prison.  Ersland's Oklahoma City defense lawyer is appealing the conviction.
• The Maiming of Officer Chad Peery - Off-duty Oklahoma City police officer Chad Peery was at a local bar and grill when he was asked by bartenders to help with some unruly customers.  As Peery was escorting the men from the premises, he was severely beaten, causing paralyzing injury.  Joshua Rinken, Jimmy Smith, and Cadmio Lopez were charged with assault and battery by means of force as is likely to cause death, an offense whose punishment carries a sentence of up to life in prison.  Rinken and Smith are accused of physically injuring Peery, while Lopez is accused of preventing others from intervening on the officer's behalf.  Though his Oklahoma City assault lawyer asserted  that Lopez was innocent of any wrongdoing, Lopez pleaded guilty in November.  He will be sentenced in January.  Rinken and Smith are scheduled to stand trial early in 2012.
• Arrest in the Murder of "The Weleetka Girls" - The 2008 murders of 11-year-old Skyla Whitaker and 13-year-old Taylor Placker in Weleetka, Oklahoma, seemed in danger of remaining unsolved until another murder this year uncovered evidence tying the suspect to the Weleetka murders.  When Kevin Sweat was arrested for the murder of his fiancee Ashley Sweat, an investigation found shell casings and a receipt for a gun that connected him to the killings in Weleetka.  Sweat allegedly admitted to killing the girls, but on December 13, he remained silent at a hearing, causing the judge to enter a not guilty plea on his behalf.  Because of the high-profile nature of the case, Sweat's Oklahoma defense attorneys have asked the judge to issue a gag order.  A ruling on the gag order will be made January 3.
• Serenity Deal Murder and the Ongoing DHS Scandals - Five-year-old Serenity Deal was beaten to death less than a month after being placed in the custody of her father, despite earlier evidence of severe abuse.  Her father, Sean Brooks of Oklahoma City, pleaded guilty to first-degree murder and was sentenced to life in prison.  Brooks will not be eligible for parole until he is 70 years old.  He waived his right to appeal.  Serenity's death is the latest in a string of child abuse deaths, beginning with the killing of 2-year-old Kelsey Smith-Briggs in 2005, that have demonstrated questionable judgment by DHS authorities and have launched a call for strong DHS reform.
• Carina Saunders Murder - The Saunders murder case first came to Oklahoma headlines when a dismembered body was found in a duffel bag in a field beside a Bethany Homeland store.  The body was later identified as 19-year-old Carina Saunders, who had been missing for several days.  A botched drug deal led to the arrest of Jimmy Lee Massey, who, through police interviews, was determined to have had a role in Saunders death.  Allegedly, Massey kidnapped a young woman and took her to a room where she was forced to watch as Saunders was tortured.  She was made to believe that the same thing would happen to her if she did not cooperate with a human trafficking operation.  Police have also arrested Francisco Gomez on drug charges, and believe he has crucial information about Carina Saunders's death.  Investigators believe that these arrests will lead to many more in connection with a sweeping drug trafficking and human trafficking scheme.

Though these are certainly not all of the major crime stories of the year, they are a few that have gripped media attention across Oklahoma.  As 2011 winds to its end, we reflect on some of the leading news of the year and hope for a peaceful and prosperous 2012.