Creative Ideas on Defending Tulsa Criminal Felony & Misdemeanor Cases
by Glen R. Graham, Tulsa Criminal Defense Attorney, (918) 260-8184
Web site: http://www.tulsacriminaldefenses.com
There are good ideas and then there are bad ideas and then ideas in between the two extremes and then some ideas that are not relevant and a mixture of stuff in between.
Each case is different and there may be defenses that might not work in one jurisdiction even though it is a good defense in another jurisdiction. Sometimes people google or internet research their legal matter and find a case in another state or another community which provides a defense under one version of a state law or municipal ordinance but which does not apply in another jurisdiction.
Not all people are the same or think the same way. Not all prosecutors or judges agree with certain interpretations of the law. Many Supreme Court decisions are split decisions like 5 agree and 4 dissent or 4 agree, 1 concurs in part, and 3 dissent and similiar split decisions. The law of the land also varies among the different states and municipalities which each have different state and municipal laws. A law in one jurisdiction may not be the law in another jurisdiction.
One Judge may have a policy that everyone has to submit to an immediate drug test on the day of their plea before the Judge will consider probation and another Judge may have a policy that you only submit to drug test every 30 days to 45 days after you enter a plea and another Judge may leave it up to the probation officer to randomly impose a drug test when the probation officer believes it is necessary. Not all Judges and Prosecutors have the same policies and their is a diversity and the Judge has discretion in developing policies.
It is helpful for the attorney to become familiar with the policy of the assigned judge before appearing in court. Sometimes is in helpful to look up the past decisions of the court on the internet both by google and by doing an internet search on the website of the local newspaper such as http://www.tulsaworld.com and check out past articles involving similiar cases and similiar decisions by the assigned judge. Also, it is helpful to check past similiar cases online at the official court website such as http://www.oscn.net
It is sometimes but not always but sometimes helpful for you to consider hiring a private detective or private investigator. Not all cases are the same and you do not need one in every case. In order to protect the "confidentiality" of the private investigation it is best to have the private investigator hired through the attorney's office because if subpoenaed then the attorney can argue that the information is confidential attorney work product information.
Several Tulsa Private Investigators and Detectives are listed in the phone book but here is an additional listing:
To verify a private investigator's license in Oklahoma, contact:
Council on Law Enforcement Education & Training
Private Security Division
P. O. Box 11476-Cimarron Station
Oklahoma City, OK 73136-0476
To Verify Private Investigator License: (405) 425-2775
Official web site: Oklahoma State Private Investigator Association: http://www.opia.com
Roy Clugston Polygraph and Investigative Services
6440 South Lewis Avenue Bridgeport II Office Building
Suite 2300 Tulsa, Oklahoma 74136 Web site: http://www.clugston-polygraph.com/
918-622-7008 E-mail: roy@clugston-investigations.com
Virgil Wallace - Wallace & Associates 6610 E. Admiral Pl. – Tulsa, Oklahoma 74112
P.O. Box 6422 – Tulsa, Oklahoma 74148 Phone: (918) 835-1456
Gary Glanz & Associates - 3807 S Peoria Ave # Gh320, Tulsa, OK (918) 742-0075
Eric Cullen Private Investigator - Phone: (918) 392-1610
Bird Dog Investigations - Mr. Dobson - (918) 583-6600
David Smith Investigations: 4528 S Sheridan Rd, Tulsa, OK - (918) 743-5603
Baker & Baker Ltd: 401 S Boston Ave, Tulsa, OK - (918) 744-0054
ABC Investigations (Michael Smith) Tulsa, OK - (918) 810-4808
Scott Malan - Malan Investigations - 918-636-2359 Web site: malanprocessservice.com
Ken Henson 4943 S. Peoria Ave., PMB #421 Tulsa, Oklahoma, 74105 Office: (918) 749-7275
Shadow Investigations - 1710 S Boston Ave, Tulsa, OK - (918) 583-8282
Kennedy Investigations: 6440 S Lewis Ave, Tulsa, OK - (918) 742-3555
Sting Investigations 7941 E 57th St, Tulsa, OK - (918) 361-6790
Ketchum Investigations 8004 S Wheeling Ave, Tulsa, OK - (918) 535-3334
Bill L Howard & Co PO Box 4120, Tulsa, OK (918) 583-8002
Web site: http://www.oklahomapi.com
Linda Jones 1611 S. Utica PMB #117 Tulsa, OK 918-583-4779 Email jones007@cox.net
The Naked Truth Detective Agency PO Box 14077, Tulsa, OK - (918) 724-9088 Web site: http://www.youneedproof.com
Don Bradford Spec Investigations 8988 S Sheridan Rd # L Pmb 106, Tulsa, OK (918) 494-7997
Baker & Baker Ltd 401 S Boston Ave, Tulsa, OK - (918) 744-0054
Labass Investigative Services 3601 S Harvard Ave, Tulsa, OK - (918) 955-1381
Fraud & Forensic Invstgtns 401 S Boston Ave, Tulsa, OK - (918) 728-3340
David Smith Investigations 4528 S Sheridan Rd, Tulsa, OK - (918) 743-5603
Sykes Investigations 2915 S Harvard Ave, Tulsa, OK - (918) 749-8600
Cold Case Investigations LLC 10906 E 2nd St, Tulsa, OK - (918) 438-9900
Herndon & Associates 412 N Boston Ave, Tulsa, OK - (918) 664-9902
Heath Security & Investigative 320 S Boston Ave, Tulsa, OK - (918) 610-0077
Zero Investigations Inc 2816 E 51st St, Tulsa, OK - (918) 492-7741
Cook Detective Agency 4528 S Sheridan Rd, Tulsa, OK - (918) 663-4545
Shadow Investigations International
1710 S Boston Ave, Tulsa, OK - (918) 583-8282
Jarvis International http://www.jarvisinternational.com
11720 E. 21st Street
Tulsa, Ok 74129-1824 Phone (918) 437-1100
Cook Detective Agency
4528 S Sheridan Rd, Tulsa, OK - (918) 663-4545
Agi Group Tulsa, OK - (918) 398-0121
Marvin Reynolds Private Investigative Agency
Tulsa, OK - (918) 282-3900
Srt Investigations PO Box 35403, Tulsa, OK - (918) 481-6045
Creative Ideas on Defending Tulsa Criminal Felony & Misdemeanor Cases
Tulsa DUI DWI APC Attorney Plea Bargains in Place of Jury Trials
It is a fact that about 90-98% or more of all Tulsa DUI -DWI-APC cases are plea bargained or pled out to avoid jail or reduce the amount of exposure or reduce to a lesser offense or to try to avoid a record or "label." Most cases are 1st or 2nd time offenders who are seeking to avoid a jail sentence which most of the time can be obtained as part of a "plea bargain." Also, normally a first time offender without any aggravating factors would usually be able to hire a lawyer to obtain a plea bargain to reduce the charges to a lesser offense upon completion of the court requirements.
Without a plea bargain and without a good lawyer or attorney - first offense - DUI or APC carries a minimum of 10 days in jail and up to a 1 year sentence in jail plus fines and costs. To AVOID ANY JAIL TIME and/or to get the case reduced to a lesser charge, most people hire a lawyer to get a "plea bargain." The court will require that you obtain a substance abuse assessment by a licensed certified assessor and to complete the recommendations in the assessment. If you do not have a problem with alcohol or substance abuse, then the assessment should also reflect that point.
Most of the time, the assessment is going to require completion of a DUI school which costs about $150 for the 10 hour course or $325 for the 24 hour course. The assessment will determine which course is required. Usually, the court is going to require completion of the victim impact panel (mothers against drunk driving -MADD) which lasts one (1) hour and costs about $50 dollars.
Aggravating factors include: Was there an accident? Injuries? Children in the car? Prior offenses of any kind - prior felony convictions of any type? Breath test result - high or low? Attitude - combative or compliant? Treatment? Job? Health factors? Medical & Mental Factors? A multitude of other factors that should be discussed in private between the attorney and the client.
Tulsa Criminal Defense Attorney - Tulsa Therapuetic Courts
Tulsa's Therapuetic Courts - Alternatives: Tulsa Drug Court, Tulsa DUI Court, Tulsa Mental Health Court, Tulsa Veterans Court, Tulsa Accelerated Accountability Procedure - Community Sentencing
by Glen R. Graham, Attorney at Law Telephone: (918) 583-4621 or (918) 260-8184 1612 S. Cincinnati Ave., Tulsa, Oklahoma http://www.glenrgraham.com
Can People Retain Their Humanity in a Sterile Court Room Setting?
In, ROY v. STATE, 1979 OK CR 115, 602 P.2d 226 , the Oklahoma Court of Criminal Appeals in reversing a first degree burglary conviction from Tulsa, Oklahoma, held that the breaking and entering in this case was "not the sort contemplated by the Legislature in this statute, but was concomitant with the physical attack on the complaining witness." A man had a confrontation with a neighbor yelling through a window at his neighbor and the defendant hit him through the open window and ended up inside the home having a physical altercation. The guy either hit him through the window screen or the screen either fell down or was moved during the altercation but the court found that this was "not the sort" of breaking and entering contemplated by the legislature.
I would theorize that in 1979 under the specific facts of the Roy case, the court viewed the altercation as an invited or "mutual combat" type situation in which the "complainig" party was not a truly "innocent" party but was partly at fault for inviting a physical confrontation with his neighbor. In the sterile setting of a court room, three times removed from everyday life, a person might theorize that the neighbor should have been a "better man" and ignored the taunts and insults and disparaging comments of his neighbor. In theory, "sticks and stones may break my bones but words will never hurt me." In real life, in the grimey world of the everyday working man or woman, people do not just ignore the taunts and insults and disparaging comments of other people. People react. Anyone is capable of reacting. Even a judge, prosecutor, internet blog reader, police officer or just the everyday ordinary individual. However, how the person choses to react can mean all the difference in the world from being charged with a serious crime or not.
Pull out a gun and shoot the person and you will be charged with murder. Stab the person and you will be charged with a felony. Hit the person with a fist and you will be charged with assault and battery. If you are a judge, I guess if it occurs in open court, the person will be arresed for contempt of court. If you are a police officer, and you carry a gun and a badge, and in theory you are trained to to react correctly to mere insults without losing your temper and beating the crap out of the guy or gal. If you are a lawyer, I guess you sue, (in theory). Counselor's talk about "self-control" and "anger management" and theorize that this person is re-living some past issues in their lives.
Some courts are less willing to look at the practical aspects, some one invites mutual combat and gets hit through a window and ends up inside the home. Is it first degree burglary or assault and battery? Moving the screen or the screen being pushed out of the way, does that make it a first degree burglary? Was there evidence about the screen --- did it fall down --- was it even on at the time --- ?
There is no specific jury instruction on "mutual combat" and the law does not formally recognize "mutual combat." Informally, it is an accepted fact of everyday life that people on occasion are going to engage in "mutual combat" and some people call it "professional wrestling" or "boxing" or "football" or "soccer" or other types of competitve and combative sports.
Has our society changed our people such that only "effiminate" non-competitive, soft, flakey, easy going, intellectuals are in charge and the rough and tumble, hearty, competitive, hard, macho man is no longer acceptable?
Have we become a society of "wimps," "losers," "cry-babies," "momma's boys," "effiminate-soft-scardy-cats" ?
Can juries retain their common sense and see through the over-charging and over-prosecution of people living in the real world and not in a sterile court room setting? Can judges retain their common sense and humanity in a court room and their "gate-keeper" function or do they merely cave into political pressure?
Can prosecutors look beyond the face of the charges and see the underlying common sense questions --- guy insults neighbor --- neighbor hits him --- what would be the right conviction --- felony burglary or misdemeanor assault and battery? It is common knowledge that prosecutors sometimes file the most severe charges because the cases are often plea bargained down to a lesser offense. What about the defense lawyer, does he or she have common sense? Shouldn't a defense lawyer see that this is really primarily a misdemeanor assault and battery and not a true first degree burglary? Shouldn't a police officer be trained to handle mere spoken insults without over-reacting and beating the crap out of the guy or gal and then calling it "resisting arrest" or "obstructing an officer"? Doesn't a certain amount of name calling come with any job --- lawyer or police officer? Are we wimps with thin skins who over react to stupid jokes and "put-downs" and "come-ons"?
Why did God give us a brain if we don't use it? What makes a human different that the savage beast of the field --- isn't it in part the conscience and the "moral" understanding and ability to have a sense of self-lessness and a willingness to give to fellow human beings and a higher sense of understanding than just being a beast of the field? If man is made in the image of God, shouldn't man have "moral" values and a higher understanding and conscience rather than just living on instincts and in a survival mode?
Can jurors and judges and lawyers and police officers retain their Humanity?
Some Factors Considered in Negotiating a Plea Bargain in a Tulsa Criminal Case
The Art and Science of Defending the Accused
The philosophy of defending the accused successfully is both an art and a science. It requires the creativity and ingenuity of an artist and the reality grounded scientific principles of a scientist. A skillful criminal defense attorney is both an artist and a scientist.
A skillful defender should spend significant time, thinking about the case, discussing the facts thoroughly with the defendant, and researching the law, and investigating the facts. Sometimes it is helpful to relive the incident, moment by moment, just like a drama or a play. Sometimes it may be helpful to return to the scene and take pictures.
A skillful lawyer will look at the jury instructions for any legal defenses that are available on the case both factually and legally.
Sometimes it is useful to discuss the facts with other lawyers and see who has had a similar case and what legal arguments are available.
It is always helpful to know the judges preferences and the prosecutor's style.
It is sometimes helpful to Ask other lawyers what they know about the prosecutor and the judge.
With words, the lawyer skillfully paints the client's story in artistic phrases and expresses the defenses in the case to achieve the best possible out-come.
To be blunt, the Best Criminal Defense Lawyer is going to work, work, and work. There is no substitute for hard work.
I almost left out proper reference to Mark Bennett's blog, The Art and Science of Defending People, wherein he says that all lawyers are frustrated artists and the following:
"It is true that defending people well requires creativity. It also requires imagination, curiosity, flexibility, adaptability, and a willingness to take risks. In other words, it takes a childlike mind. A defense lawyer who thinks like a grownup, suppressing the ideas that are likely to be unpopular or unsuccessful, is often going to fail to find the best defense. (This may help explain why so many of us are lousy businessmen.)
We are all born with imaginative, playful, flexible minds (Pablo Picasso said, “Every child is an artist. The problem is how to remain an artist once he grows up.”). With the help of an educational system and a culture that tell us to “grow up,” most of us get over it: the childlike mind is still there, but suppressed, more or less, under a layer of “maturity.”
Elsewhere, in Bennett's blog: "So who’s the defender and who’s the prosecutor? Well, it’s like they say: Some days you’re the retiarius and some days you’re the secutor."
Lastly, Bennett says: "Someone once told me, and I long accepted, that all lawyers are frustrated artists."
Bennett says it eloquently, skillfully, and artistically, in everyday language anyone can understand.
By Glen R. Graham, Tulsa Criminal Lawyer http://www.glenrgraham.com
Tulsa Criminal Attorney Creative Ideas on Defending DUI and DWI
Tulsa Criminal Attorney Creative Ideas on Defending DUI and DWI
By Glen R. Graham, Tulsa Criminal Attorney, Email: glengraham@icu.net
The Graham Law Firm consists of me and three other attorneys. I am a Tulsa Criminal Attorney who has been defending Tulsa felony and misdemeanor criminal cases including Tulsa DUI and DWI cases for over 21 years now. Some of the creative ideas that I have discovered in defending these types of cases include:
Requesting an administrative hearing on your drivers license within 15 days of the date of your arrest for DUI. You only have 15 days from the date of your arrest to request a hearing on your drivers license. It says that on the back of the temporary license that you should have been given. Everyone is presumed to know the law, so if you fail to request a hearing within 15 days after the date of your arrest you forfeit your right to request a hearing on your drivers license.
The hearing on your drivers license is a "free" chance for me, if I am your lawyer, to challenge the evidence in the case. It is a chance to challenge the basis of the stop and the sufficiency of the evidence.
It is an administrative hearing before a department of public safety official. Most of the time you may lose that hearing but it gives you a chance to hear the evidence and for me as your lawyer to use it as a "discovery" tool. It is worth it to have the hearing because it allows me to discover any weaknesses in the state's case and to see if the officer will show up on the matter.
In a few cases, the officer may not appear and sometimes there are mistakes made and you win the hearing. If you lose the hearing, you have the right to appeal by filing a petition to challenge the sufficiency of the case. It does cost money to appeal but if you win the appeal, sometimes you may be offered a temporary license to drive. Also, you may receive a temporary license to drive while the appeal is pending.
Sometimes, it is useful to obtain written statements from any witnesses who can verify that you were not intoxicated at the time you left the business establishment or other place. It is illegal for a business to serve an intoxicated person. It may be illegal for a person to serve alcohol to an intoxicated person and then to allow them to drive home. Obtaining written statements from people who can verify that you were not intoxicated can be helpful.
The DUI laws are based upon the false assumption that everyone responds the same way to alcohol. It is based upon an "average" response by an "average" size person with "average" characteristics. This false "average" does not exist in the real world. People are made up of different sizes and people absorb alcohol at different rates. People of different sizes, and with different physical conditions, with different circumstances - such as the amount of food in the persons stomach, and whether they have past experiences with alcohol and have developed a "tolerance" to alcohol and are still able to function. There are a multitude of factors that can affect whether a person is actually "over the limit" and d.u.i. or whether they are just a little impaired. The law takes an "average" and attempts to apply this to everyone. Some people believe this law is discriminatory and violates the laws of science but it creates a legal "presumption" of intoxication if one "scores" above the "average" imputed limit. There have been a multitude of articles that argue that this violates the "presumption of innocence" and creates a "presumption of guilt" just because someone violates the "average" when in fact they may not be "average."
I have previously blogged about the "Inherent Unfairness of DUI Laws" in my blog here on June of 2007: The Inherent Unfairness of DUI Laws
http://tulsacriminaldefense.blogspot.com/2007/06/inherent-unfairness-in-dui-laws.html
I have been practicing law now for over 21 years, and I know all of the Tulsa judges, and I believe I have a good relationship with our judges. I also travel to the surrounding areas and I am a Criminal Attorney for Glenpool, Collinsville, Broken Arrow, Jenks, Bixby, Sapulpa, Owasso, Sand Springs, Tulsa, Oklahoma City, and others.
I believe I have a good reputation as an Oklahoma Criminal Attorney, and I am a member of the Oklahoma Criminal Defense Lawyers Association and the Tulsa Criminal Defense Lawyers Association, and the Oklahoma DUI Attorney Group, and the Tulsa DUI Attorney Group, and other organizations committed to defending the constitutional rights of people.
The specific facts of the case are always relevant and a good source of defenses. I would encourage you to schedule an appointment with my Tulsa Criminal Attorney Lawyer Office so we discuss the specific facts of your case for any possible defenses. Call my office at (918) 583-4621.
Glen R. Graham, Tulsa Criminal Attorney, Tulsa, Oklahoma http://www.glenrgraham.com/
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