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Norman criminal defense blog

What is the administrative hearing after a DUI?

Being charged with drunk driving in Oklahoma is the start of a long process that might seem daunting if this is your first time in the criminal justice system. You need to understand that there are many things that happen with this charge. You aren't likely going to have to deal only with the criminal law aspects of the situation. You may also need to work on the administrative penalties you are facing, which could involve the loss of your driving privileges.

Because there is so much involved in these cases, you should have a basic understanding of a few points. These answers to common questions about the administrative side of the matter are a good place for you to start.

Domestic violence accusations are sometimes false

Domestic violence is often misunderstood. For the men and women who face criminal charges for spousal abuse, the underlying cause of the incident is often forgotten. Over the holidays, there are many things that might contribute to violent incidents. Trying to think ahead to minimize the risk of the repercussions might be beneficial and could help you to avoid going to jail for domestic violence.

Having disagreements during gatherings can often lead to very tense standoffs between individuals. The stress of these situations can be escalated by the normal holiday occurrences, such as children being home more, family members being around each other for longer periods of time, alcohol consumption and the stress that comes with increased expenses during this time of the year.

Was the chain of custody broken during the investigation?

This is the digital age. More people have an online presence than ever before, and it only grows each year. This means that law enforcement officials have to adjust to these new circumstances.

The nature of an investigation has changed since at least some of the evidence gathered in connection with crimes such as drug trafficking, murder or other serious offenses will have a digital component. Even though the evidence comes from a computer or some other electronic device, investigators must still handle it in the appropriate manner.

Drug addiction often requires help for the user

Some people don't see why police arrest people for drug usage. After all, if they are adults, they should be able to use drugs if they feel the need. While this is true, the law says that possession of illegal drugs is a punishable offense. If you are facing this type of criminal charge, you must take it seriously.

Many different defenses exist for drug charges. The key to finding one that works for your case is to review the specific points that the prosecution plans to address. These can provide you with a blueprint of the areas where you need to focus your efforts. We know that you might not know where to begin. We are here to help you.

Medical marijuana in Oklahoma has specific requirements

With the legalization of medical marijuana in Oklahoma, some citizens might be wondering what they can do to get their hands on some legally. There are many points that you need to know if you are ready to use marijuana to get relief from medical ailments.

First, you have to get a medical marijuana patient license that is issued through an online system. When you are approved based on your doctor's recommendation, you will get a card in the mail that includes your photo, name, type of license, unique identification number, city and county of residence and an expiration date. You must have this on your person to prove that you are registered for medical marijuana.

Don't get drunk at the office party and try to drive home

Now that the holidays are here, adults will head out to office parties and other social gatherings. You've probably heard the advice that consuming alcohol at an office party isn't really a good idea. Not only can having a few drinks lead you to act in an abnormal manner that might put a damper on your professional image, but it is also possible that it will land you in jail. This would occur if you drink at the party and try to drive yourself.

If there is one piece of advice that we want to share with you at the start of the winter holiday season, it is this: Don't drink and drive. This is timeless advice that some people will ignore. Those are the people who might find themselves behind bars facing the risk of time in jail, fines and the loss of their license.

Reasonable suspicion is important in many DUI stops

If a police officer is going to pull someone over for the suspicion of drunk driving, they have to have reasonable suspicion that the driver is impaired. There are many ways that the officer can meet this requirement. Some of the most common involve watching the person's driving behaviors to determine if they are consistent with someone who is impaired.

The standard of reasonable suspicion requires less to meet then the standard of probable cause. The officer doesn't have to know for a fact or have a strong reason to believe that the person committed a crime in order to stop the vehicle. Still, a police officer should not stop a driver who is driving safely and not showing any signs of being drunk or otherwise impaired.

Dealing with the long-term consequences of a DUI

Your semester at the University of Oklahoma is in full swing, and you are probably in a rhythm of classes, study, work and fun. No doubt your fun includes hanging out with friends, attending mixers and testing your freedom away from Mom and Dad.

Unfortunately, if you did not make plans for a safe ride home, your fun can quickly turn sour if you are arrested for driving under the influence of alcohol. Don't let your friends tell you a DUI is no big deal. In fact, an arrest for any offense can have long-term and far-reaching consequences that might very well affect the rest of your life.

Determine a defense strategy for marijuana charges

Many people think of marijuana charges as being minor. While it is understandable why this is a common thought, you should remember that these charges still have specific penalties here. On top of the criminal matters that come with this drug, there is also the possibility of marked impacts in other areas of your life.

We know that you might wish you hadn't ever been caught with marijuana. This is understandable but you must focus on the future since you can't change the past. Your goal now needs to be working on a defense strategy that will reduce the severity of the penalties and consequences you will face in every aspect of your life.

Plea deal terms vary from one case to another

Many people associate plea deals with specific sentences. While this is one of the most common forms of plea deal terms, there are others that are also considered in many criminal cases. Anyone who is considering trying to work out a deal with the prosecution should know what might be possible. Here are a few to think about:

Some cases involve fact bargaining, which means that specific facts won't be included in the case. Defendants might want this as a condition since it means that they might be able to keep some reputation-damaging points under wraps. It can work in the prosecution's favor, too, since they won't have to prove these points.

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“Matt Swain helped me out of a situation that would have otherwise cost me money I didn't have, and precious time I couldn't spare. And he did it selflessly. If I ever need to turn to an attorney in the future, he would be my first call. I highly recommend him to anyone in the Norman/OKC area! His entire staff was kind and helpful from day one. Thank you all so much!�—Laura M.

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