Juvenile Cases Take Specialized Knowledge

April 19th, 2013

If you are looking for an attorney to handle a juvenile case in Oklahoma County, Cleveland County, McClain County, Garvin County, Pottawatomie County, or any other county in Oklahoma, you need to be sure that you hire the right attorney for the job.  Juvenile criminal cases can be very different than adult criminal felonies or misdemeanors and take specialized knowledge.

Juvenile cases do not end when a juvenile stipulates to the allegations or is found guilty.  A juvenile case can drag on until the juvenile reaches his/her 19 year old birthday if the judge extends jurisdiction to the juvenile’s 19th birthday.  Juvenile cases cannot go any longer than that…with few exceptions.

Be sure to ask the right questions when hiring a criminal defense attorney for a juvenile case.  Ask them how many juvenile cases they have handled in the past year.  Have them explain the process to you in detail.  Make sure your children have an attorney who is knowledgeable about the juvenile process and not just learning how to do it as they go.

Law Offices of Matt Swain

405-501-0827

Doctors Available for Those Injured without Insurance

April 16th, 2013

I have received numerous calls this past week from people with potential personal injury, medical malpractice or workers compensation claims who do not know how to proceed with their case since they dont have health insurance.  It can be very difficult to have a doctor see you when you dont have health insurance.  It can be a very frustrating process to just want to be examined by a doctor, but be constantly rebuffed just because you dont have insurance.

There is a solution.  There are doctors out there that will treat someone without insurance if they have a legitimate potential personal injury or medical malpractice or workers compensation case.  If you fit in these categories, call Matt Swain and ask about what you can do to see if you have a personal injury case and see a doctor about your injuries.

Law Offices of Matt Swain

405-501-0827

Norman Man Arrested in Death of 23 Month Old Toddler

April 16th, 2013

A Norman man was arrested in the death of a 23 month old toddler that was in his care.  Jeremy Robert Howard, 25, is currently in custody at Cleveland County Detention Center after being arrested for the first-degree murder of 23-month-old Kiyla Rose Hosler. No bail has been set.

Howard will face a First Degree Murder charge in Cleveland County District Court.  He will be charged under the child abuse murder statute.

 
If you are looking for a Criminal Defense Attorney in Norman or Cleveland County, Call Matt Swain at 405-501-0827.

Law Offices of Matt Swain

405-501-0827

Oklahoma DUI Laws Are Some of the Harshest in the Country

April 11th, 2013

Oklahoma’s DUI Laws are some of the harshest in the country when it comes to keeping your driver’s license.  If you lose an administrative hearing based on a breathalyzer result of .15 or higher (considered to be an aggravated DUI), or based on a refusal to take the breathalyzer test, your license will be affected for either 2 years, 5 years or 8 years.

On a suspension for your first DUI (or first license suspension within 10 years), you will lose your drivers license for 6 months.  After that 6 months you will be able to get your license back…with a restriction in place that you cannot drive any vehicle without a breathalyzer for another 18 months.  Thus, the license is impacted for a minimum of 2 years.

For your second suspension within 10 years you will lose the license for 1 year and have a restriction for 4 years .  For your third and any subsequent suspensions you will lose it for 3 years and have a restriction for 5 years thereafter.

 

Be sure to hire a DUI attorney who is aware of these laws and knows the best way to go about protecting someone’s driver’s license.  Call Matt Swain at 405-501-0827 for a free consultation.

Law Offices of Matt Swain

405-501-0827

McClain County Assistant District Attorney Named New Judge

April 10th, 2013

Jeff Virgin, an assistant district attorney in McClain County has been named the new special judge in McClain County.

Virgin, 31, was selected by District Judge Greg Dixon, who presides over McClain and Garvin Counties.  Along with Cleveland County, those counties comprise Judicial District 21.

District attorney Greg Mashburn said Tuesday, “I had enough confidence in Jeff to run the McClain County office.”

“I am very excited for Jeff. He is an extremely hard worker,” Mashburn said. “It is a great selection, and I look forward to working with him.”

Virgin will fill the special judge post held by Gary Barger, who announced that he will retire.

 

Special Judges preside over all stages of misdemeanor charges, partial proceedings in felony cases, and various civil cases.  Such misdemeanor proceedings include DUIs, marijuana possession, various other drug possession charges, and domestic assault and battery charges.

Law Offices of Matt Swain

405-501-0827

Cleveland County District Attorney Declines Charges Against Local Police Chief

April 10th, 2013

Forest Park Police Chief Amanda Eastridge will not be charged with assault because her husband now denies that she attacked him.

“There is insufficient evidence to prove any charges beyond a reasonable doubt,” said Susan Caswell, a Cleveland County assistant district attorney. “We have an uncooperative alleged victim.”

The police chief came under investigation after her husband notified Oklahoma City police. Her husband, Bryan Eastridge, is an Oklahoma City police sergeant.

Prosecutors in Cleveland County reviewed Oklahoma City police reports about the accusation after Oklahoma County District Attorney David Prater disqualified his office from making the decision on a charge.

Law Offices of Matt Swain

405-501-0827

Cleveland County Judge Reduces the Bond for a Moore Man

April 10th, 2013

A Cleveland County Judge recently reduced the bond for Christopher Flores from $150,000 to $25,000.  Mr. Flores is charged with two counts of Lewd Molestation.  Mr. Flores is due back in court in Cleveland County later this month.

Law Offices of Matt Swain

405-501-0827

Armed Robbery At 1530 NE 12

December 13th, 2012

Police were called about 6:20 p.m. Sunday about an armed robbery at 1530 NE 12. They found a man wrapped in a blanket and wearing only his underwear who had injuries and blood on his face, according to the incident report.

The victim, Candelario Abiles, told police he was getting in his minivan at a gas station at SW 24 and S Agnew when two men approached him, showed him a black pistol and told him to get inside the van and give them his money. He told police he got into the van and they drove away.

While they were driving, the suspects told Abiles to take off his clothes and then kicked him and his clothes out of the vehicle near NE 14 and N Kelham, according to the report.

The police gang unit found the victim’s minivan with a flat tire parked in front of 1809 NE 19, according to the report.

No arrests have been made. Anyone with information about the case is asked to call Crime Stoppers at 235-7300.

Law Offices of Matt Swain

405-501-0827

Expungement of records

October 13th, 2012

22-18.  Expungement of records – Persons authorized.

Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:

1.  The person has been acquitted;

2.  The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge;

3.  The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction, including a person who has been released from prison at the time innocence was established;

4.  The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;

5.  The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested are filed or charges are dismissed within one (1) year of the arrest, or all charges are dismissed on the merits;

6.  The statute of limitations on the offense had expired and no charges were filed;

7.  The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense;

8.  The offense was a misdemeanor, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the judgment was entered;

9.  The offense was a nonviolent felony, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction; or

10.  The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person’s name or other identification without the person’s consent or authorization.

For purposes of this act, “expungement” shall mean the sealing of criminal records.  Records expunged pursuant to paragraph 10 of this section shall be sealed to the public but not to law enforcement agencies for law enforcement purposes.

Law Offices of Matt Swain

405-501-0827

San Antonio Attorney

July 2nd, 2012

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Law Offices of Matt Swain

405-501-0827