Swain Law Group
Phone: 405-546-1292
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Norman criminal defense blog

Evidence is vital in murder cases

When you are facing a murder charge, you have to examine all the evidence against you so that you know exactly what you are up against. One of the things to consider is that the police officers have likely done quite a bit of investigative work to present information to the district attorney to show who committed the crime. There are several ways that they can do this.

It's said that a killer always leaves evidence at the scene. This evidence can be a cigarette butt, a fingerprint or even the distinctive patterns on the shoes the killer wore. This is because some shoes are rather exclusive, so finding a person in the area who was named as a suspect and who has that type of shoes can be a huge clue. Police officers can review the wear patterns on the tread to compare to what they found on the scene.

College students and common misconceptions about drunk driving

Oklahoma college students are aware that getting behind the wheel while intoxicated can result in serious criminal charges. College students charged with DUI may also face penalties such as loss of driving privileges and time behind bars as well as repercussions that can affect their college careers. It's important for students of all ages to know the law and commit to making responsible choices.

There are many misconceptions about drunk driving and what people can do to avoid criminal charges after a night of drinking. Misinformation can lead to legal complications and can increase the likelihood that a student will make a choice that ultimately results in a DUI. If you are a college student, parent of a college student or a driver of any age, it's smart to know what the law says about drinking and driving.

Immediately work on your drunk driving defense

Summer months mean bonfires with friends. These fun events might have alcohol available, which means that anyone who is planning on knocking back a few drinks will need to plan on a way to get home. If you try to drive after you've had adult beverages, you are facing the risk of being pulled over for the suspicion of drunk driving. This can lead to you facing criminal charges, which isn't a fun way to end the bonfire.

If you are stopped because the officer thinks you are impaired, there are some very serious things that will happen. The officer might question you to find out if you will admit that you've been drinking. Technically, you don't have to provide that information. Instead, you only have to provide your identity to the officers. You should remember that failing to answer the officer's questions isn't an admission of guilt.

Interrogations have specific requirements

There are many questions that come up when people are thinking about interactions with police officers. Some of these center around the behavior of the law enforcement officials during an interrogation. In some cases, the question is about what constitutes an interrogation. This information is important so be sure that you keep it in mind if you are ever faced with a police interaction.

One important thing to remember is that if a police officer asks you for your name, you must provide it. You must be truthful about this, but you don't have to provide anything else. Many people believe that remaining quiet is the best course of action when confronted by an officer.

Marijuana charges can have a significant impact on your life

Marijuana is a drug that has been at the heart of a lot of law changes recently. Despite the increased acceptance of it, there is still a federal law that classifies it as a forbidden controlled substance. People who are facing charges related to marijuana should carefully consider what they are going to do about their defense strategy.

It might be tempting to try to just blow off the marijuana charges, but they can still have a major impact on your life. Whether you are facing a felony or misdemeanor, a conviction can result in a mark on your criminal record. This can impact your job and housing prospects considerably.

Steps at the beginning of a criminal matter

Being charged with a drug crime starts a process that you will have to work through as you try to find a resolution to your case. For some defendants, this will end with a plea deal and others will go through a trial. Knowing some of the basic information about each step can help you to determine what you are going at each one.

One of the first things that will happen is that you will be arrested. This may happen when the officer on the scene believes that you have committed a crime but it might also happen if there is an arrest warrant issued after the fact.

Selling study drugs can ruin your child's future

If your child is a student at the University of Oklahoma or any other college, you may have heard stories of the kinds of pressure he or she is under. College students have many things to cause them stress, including struggling to fit in, managing their time and dealing with adult issues for the first time on their own. If your child struggles with attention deficit disorder or attention deficit hyperactivity disorder, he or she has an additional burden.

Fortunately, medication is available to help students who suffer with this disorder, which makes it difficult for the those afflicted to concentrate, remain focused on a task and complete important assignments accurately. While prescription medications may be a godsend for your child with ADHD, more students without diagnosed disorders are finding similar benefit from using the drugs, and this may place your child in an awkward situation.

Evaluate prosecutor's evidence for places to introduce doubt

Fighting a murder charge is a complex undertaking that you can't ever rush. You might think that everything about a case seems clear-cut but that's seldom the reality. One thing you can count on for certain, however, is that the prosecutor is searching for ways to shore up the case against you -- and you need to do the same for your defense!

In order to prove the case against you, prosecutors have to rely on evidence -- and they have to prove each element of the crime. In order to provide a solid defense, we have to look at each item that's been entered into evidence, whether that's the alleged murder weapon, video surveillance or statements from witnesses. All of these things have the potential of providing an opening where we can call the prosecutor's case into question.

First degree murder charges are only appropriate in some cases

First-degree murder is a very serious charge that can lead to a host of legal issues. A person who is facing this charge is looking at the possibility of life in prison if they are convicted. The death penalty is also possible in Oklahoma. These harsh sentences mean that those who are charged with this crime need to work diligently on a defense strategy that can work to either minimize the penalties or prove the person wasn't guilty of the crime.

In order to convict a person of first-degree murder, the prosecutors have to prove that the person willfully killed a person or that the defendant's commission of a felony lead to the death of the victim. Unless the killing was the result of a felony act, taking the victim's life has to be premeditated, which means thought of and planned beforehand.

Get your drunk driving defense all planned out quickly

Anyone who is going to head out to a party this weekend needs to have a plan for getting home after the event is over. Unfortunately, not everyone will do this. Some people will assume that they are sober enough to drive home. This might lead to a police officer pulling you over if you are showing any signs of intoxication when you are on the road.

Police officers are trained to watch for signs of impairment. If they spot any, they can pull you over for the suspicion of drunk driving. Once they do, you will be asked to take a blood alcohol concentration (BAC) test. You may be asked to do a standardized field sobriety test (SFST). All the tests you take are to help the officer determine whether you are too intoxicated to drive or not.

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