My Legal Experience

LEGAL DISCLAIMER:  The following information is provided for informational purposes only.  Every case is different and there is no guarantee that your case can or will have the same or similar results as the cases listed here.  No Attorney-Client relationship is formed unless agreed to in writing.

 

Some Trials I have Completed:

Jury Trial, January 27-28, 2015, Tulsa County, Oklahoma

My client was charged with 2nd degree Burglary. The plea offer from the state was 5 years in prison. The state would not offer any kind of probation in the case even though my client had no prior felony convictions. The punishment range is from 2 years to 7 years in prison. The jury found my client guilty but sentenced him to the minimum of 2 years. And we can still ask the judge for probation when my client is formally sentenced.

Jury Trial, January 20-21, 2015, Rogers County, Oklahoma

My client was just driving through Oklahoma with his legally obtained medical marijuana from Arizona when a traffic stop led to the police finding it. A felony possession charge was eventually filed because he had a prior marijuana conviction from Arizona.

I filed a Motion to Quash early on (asking the judge to dismiss the case) because the Oklahoma statute clearly says that you cannot possess CDS in Oklahoma unless it is obtained pursuant to a prescription or order from a practitioner. This was denied. I asked for a necessity jury instruction during the trial. Denied. A necessity instruction tells the jurors that they can find the defendant not guilty if they believe it was necessary for him to violate the law.

The jury panel was surprisingly very anti-marijuana. Even the DA said she had never had such a jury panel that was so anti-marijuana.

My client testified about why he used medical marijuana and how it helps him and how it allowed him to get off pain pills that caused him terrible side effects. He testified he was just passing through Oklahoma on his way to Ohio and how he could not be without his medication for more than a day or two.

After about 4 or 5 hours of deliberation, the jury came back and found my client NOT GUILTY of possession of paraphernalia but were unable to reach a verdict on the count of possession of marijuana. Therefore, a mistrial was declared on the possession charge. After the mistrial, this case was scheduled to go to trial again. On the eve of trial, the state dismissed the case.

Jury Trial, October 20-22, 2014, Wagoner County, Oklahoma

My client was charged with Felony Domestic Violence and was looking at a range of punishment from 4 years to life in prison. The plea offer before trial was 15 years. At the trial, I asked the jury to find my client not guilty of the felony and to convict him of Misdemeanor Domestic Violence and sentence him to one year in jail. That is exactly what the jury did. My client has already served over a year in jail, so his time was already served.

Jury Trial, March 18, 2014, Okmulgee County, Oklahoma

This is another trial that I completed all of the pre-trial work for but did not actually take to trial. My client was charged with DUI-Drugs for allegedly driving his car while under the influence of marijuana. I filed many pre-trial motions and was well prepared for the trial when the DA dismissed the case the day before trial was to begin.

Jury Trial, October 24, 2013, Broken Arrow Municipal Court, Broken Arrow, Oklahoma

My client was charged with Possession of Marijuana. I actually did not complete this trial because when my client and I showed up for trial, the city prosecutor dismissed the case.

Jury Trial, September 12-13, 2011, Delaware County, Oklahoma

My client was charged with Felony Eluding. My client was facing a range of punishment of 3 years to life in prison. Because of my client’s extensive prior felony convictions, the plea agreement offered by the District Attorney was 20 years in prison. The jury convicted my client of Misdemeanor Eluding and sentenced him to 1 year in the county jail.

Jury Trial, June 13-16, 2011, Okmulgee County, Oklahoma

My client was charged with First Degree Murder. My client was facing a penalty of life or life without parole if convicted. After a four day trial, the jury convicted my client of First Degree Manslaughter and sentenced him to 15 years in prison.

Jury Trial, April 20-22, 2009, Tulsa County Juvenile Court, Oklahoma

My juvenile client was charged with 2 counts of lewd molestation of two younger male relatives.  The jury found my client NON DELINQUENT, which is the juvenile court’s equivalent of NOT GUILTY.

Jury Trial, June 2008, Okmulgee County, Oklahoma

Second trial of my client charged with Manslaughter in the Second Degree.  Jury found my client NOT GUILTY.

Jury Trial, March 2008, Okmulgee County, Oklahoma

Client charged with Manslaughter in the Second Degree.  Jury deadlocked after 8 1/2 hours of deliberation with 10 jurors voting NOT GUILTY.  Case is scheduled for trial again in June 2008.

Jury Trial, January 2008, Creek County, Oklahoma

Client charged with the felony offense of Assault and Battery Upon a Law Enforcement Officer and facing a punishment of 4 years to life in state prison.  The jury found my client guilty of the lesser misdemeanor offense of Resisting a Peace Officer.  My client was sentence to one year in the county jail.

Jury Trial, January 2005, Tulsa County, Oklahoma

Client charged with Sexually Abusing a Minor Child and Exhibiting Obscene Material.  The judge dismissed the Exhibiting Obscene Material charge before trial.  The jury found my client NOT GUILTY of Sexually Abusing a Minor Child.

Jury Trial, June 2004, Tulsa County, Oklahoma

Client charged with Lewd Molestation.  During deliberations the jury asked the judge if they could sentence my client to time served.  The judge instructed the jury that they must sentence my client to the minimum of 1 year in prison.  They jury returned a verdict of guilty and sentenced my client to 1 year in prison.  With credit for time served, my client was released about 3 months later.  The offer made by the assistant district attorney to settle the case as part of a plea bargain before trial was 7 years in prison.

Jury Trial, May 2003, Seward County, Kansas

Client charged with the following: 1. Aggravated Battery on a Law Enforcement Officer; 2. Obstructing Official Duty; 3. Criminal Damage to Property; 4. Possession of Cocaine, 2nd Offense; 5. Possession of Drug Paraphernalia; 6. Possession of Marijuana; 7. No Tax Drug Stamp; 8. Criminal Threat.  The judge dismissed the Criminal Threat Charge after the State presented its evidence.  The jury found the client NOT GUILTY of Possession of Cocaine, 2nd Offense, Possession of Drug Paraphernalia, Possession of Marijuana, and No Tax Drug Stamp.  Although my client was convicted of counts 1 – 3, he received a punishment far less than the county attorney offered as part of a plea bargain before the trial.

Jury Trial, November 2002, Finney County, Kansas

Client charged with 5 counts of felony theft.  Jury found client NOT GUILTY on all counts.

Jury Trial, May 2002, Seward County, Kansas

Client charged with felony DUI.  Jury found client NOT GUILTY.

 

Dismissed Cases

I do not have a complete list of all of the cases that I have had dismissed for an illegal search and seizure or for lack of evidence.  If I had such a list it would number well over 100–too many to list here.  However, here is a partial list of some of the cases that have been dismissed pursuant to motions I filed:

Motion to Suppress, October 7, 2016, Okmulgee County District Court, Okmulgee, Oklahoma

My client was charged with possession of marijuana with intent to distribute after 5 pounds of marijuana was found in his car during a traffic stop by the Oklahoma Highway Patrol. I was able to convince the judge that the marijuana was found during an illegal detention after the purpose of the traffic stop had been completed. My client was being offered 5 years in prison, but today he is a free man.

Case Dismissed by District Attorney, August 29, 2016, Tulsa County District Court, Tulsa, Oklahoma

My client was charged with illegally possessing a firearm for having a handgun when going through security at the Tulsa airport. My client had to leave town in a hurry because of an emergency hospitalization of his mother. His girlfriend packed his bag while he took a shower. Unbeknownst to the girlfriend, one of the pairs of rolled up socks she put in the bag contained a tiny .22 caliber revolver. We did all the preparation work for trial and had all of our witnesses lined up ready to go. When we showed up for trial, the district attorney dismissed the case.

Motion to Suppress, March 14, 2016, Tulsa County District Court, Tulsa, Oklahoma

My client was charged with Possession of Marijuana with Intent to Distribute. He was pulled over after being seen stopped in the parking lot of an office building at night. The arresting officer said he found my client’s car to be suspicious but was unable to point to specific facts that made him suspicious. It was a hard fight with the assistant district attorney who was suffering greatly from Reefer Madness, but in the end, the judge agreed with my recitation of the law and with my argument. My client went home a free man without a felony charge hanging over his head.

Case Dismissed by DA, February 7, 2016, Okmulgee County District Court, Okmulgee, Oklahoma

My client was charged with felony Possession of Marijuana because it was his second offense. His first offense had come about 20 years previous in another state. A highway patrol trooper pulled my client over for a completely fabricated “traffic violation” because he saw my client leaving a “known drug house.” I filed a Motion to Suppress prior to preliminary hearing. The district attorney kept trying to talk to me about the case to make a better and better plea offer. I repeatedly said no, no, no. The DA then dismissed the case right before the preliminary hearing was to begin.

Case Dismissed by DA, December 10, 2015, Wagoner County District Court, Wagoner, Oklahoma

My client was charged with Assault and Battery with a Deadly Weapon. I made it clear to the DA that it was a case of self-defense and that my client would not accept any plea offer. The case would go to trial. The DA dismissed the case on the eve of preliminary hearing.

Case Dismissed by DA, October 19, 2015, Wagoner County District Court, Wagoner, Oklahoma

A grandmother and her grandson were my clients. Grandma was charged with transferring a firearm to a felon, her grandson. Grandson was charge with possession of a firearm while under the influence. The problem is that the grandson was not a felon and never possessed the gun. The police did a sloppy job on their reports mixing up people and mixing up what the witnesses said happened. The DA called me up about a week before trial shocked, just shocked, that my clients would not plead guilty to something they did not do since they were being offered a very favorable deferred sentence. I told him there would be no plea agreement and that we were going to trial. He called me up the day before trial was to begin and told me he was dismissing the cases.

Motion to Suppress, August 28, 2015, Okmulgee County District Court, Okmulgee, Oklahoma

My client was charged with possession of marijuana and possession of paraphernalia. The arrest occurred during a traffic stop by the Oklahoma Highway Patrol. I received the police reports early on in the case, but when I received the video of the traffic stop, I saw that what actually happened did not match what the trooper wrote in his report. Therefore, I filed a Motion to Suppress. Five days before the suppression hearing was scheduled the State dismissed the case.

Motion to Suppress, August 7, 2015, Okmulgee County District Court, Okmulgee, Oklahoma

My client was charged with felony possession of marijuana and misdemeanor possession of paraphernalia. The arrest occurred during a traffic stop when an Oklahoma Highway Patrol Trooper abandoned investigating the driver for a cracked windshield and taillight out and started investigating my client, a mere passenger in the car. After a hard fought battle and multiple court appearances and briefs, the judge granted my motion to suppress and dismissed the case.

Motion to Suppress Search and Motion to Quash Bindover, December 5, 2014, Okmulgee County District Court, Okmulgee, Oklahoma

My client was charged with Possession of Methamphetamine for methamphetamine that was found in her purse. There was also more methamphetamine found in the house in which she was just a visitor. The judge suppressed the methamphetamine found in her purse after I showed the judge the search of the purse was illegal. I also convinced the judge that there was no evidence that my client possessed, or even knew about, the other methamphetamine found in the house. My client’s case was dismissed.

Motion to Quash Search Warrant, October 16, 2014, Okmulgee County District Court, Okmulgee, Oklahoma

My two clients were charged with Cultivation of Marijuana. I filed a Motion to Quash the Search Warrant and the judge found that the warrant was defective and quashed it. This led to the Cultivation charge against my clients being dismissed.

Motion to Suppress and Motion to Quash Search Warrant, April 9, 2014, Seminole County District Court, Wewoka, Oklahoma

My two clients were charged with Possession of Marijuana with Intent to Distribute, Attempted Cultivation of Marijuana, and Conspiracy. This was a case involving a police “sting” where a box containing marijuana was delivered by police officers posing as employees of the post office. The judge found that the police did not have enough evidence to believe my clients knew what was in the box, and that lack of evidence tainted the later obtained search warrant for the house. The case against my two client was dismissed.

Motion to Suppress, January 17, 2014, Creek County District Court, Bristow, Oklahoma

My client was charged with misdemeanor possession of marijuana and paraphernalia. The arrest occurred during a traffic stop when the police officer starting searching my client’s pockets for no legal reason. I filed a Motion to Suppress and showed up for a hearing on my motion. The DA handling the case said that I was right and that he was dismissing the case.

Motion to Suppress, January 9, 2014, Tulsa County District Court, Tulsa, Oklahoma

My client was charged with misdemeanor possession of marijuana, paraphernalia, and felony possession of a single pill. This all happened in a Wal-Mart parking lot, where a police officer accosted her at her car, and then held her until a drug dog arrived. The dog alerted on her car, and the car was searched. To me it was clearly an illegal detention, so I filed a Motion to Suppress. When we showed up for the preliminary hearing, the DA said that he had read my motion and that he was dismissing the case.

Motion to Dismiss, September 13, 2013, Tulsa County District Court, Tulsa, Oklahoma

My client was charged with Outraging Public Decency for something she did while working in a gentlemen’s club about 3 years before her arrest. For some reason, it took the state about 2 years to file a charge. It took a little over 1 more year for her to be arrested. I filed a Motion to Dismiss based on a violation of her 6th Amendment speedy trial rights. The judge agreed with me and dismissed the case.

Motion to Suppress, September 12, 2013, Sequoyah County, Oklahoma

My two clients were charged with Possession of Marijuana, Possession of Paraphernalia and Public Intoxication after being stopped for an alleged parking violation. The problem was I could find no parking law that had been violated. I filed a motion to suppress. However, when I appeared in court for the suppression hearing, the DA said that the deputy did not show up for the hearing, and he dismissed the two cases.

Motion to Suppress, August 13, 2013, Tulsa Municipal Court

My client was charged with Possession of Marijuana after police stopped him for a cracked windshield. Unfortunately, my client gave permission to search his car during the stop. (NEVER consent to a police searches!) The police not only searched the car but also searched my client. The marijuana was found in his pocket. There were two issues: 1. Whether the police had consent to search my client’s body. 2. Whether the police could further detain my client to ask for permission to search. I filed a motion to suppress. The law was on my side, and I thought I would win. It was set for hearing twice, and the officer failed to show up for the hearing both times. Therefore, the city dismissed the case.

Motion to Suppress, January 9, 2013, Creek County, Oklahoma

My client was charged with Possession of Marijuana with Intent to Distribute. He was pulled over on I-44. The trooper ended up searching the car and found about 2 pounds of ganja. I was able to show the judge that the search was illegal, and the judge granted the motion. Thanks to my client in assisting me win this motion by NOT consenting to a search.

Motion to Suppress, November 8, 2012, Broken Arrow Municipal Court, Oklahoma

My client was charged with Possession of Marijuana and Possession of Paraphernalia after police stopped him while at a McDonald’s drive-thru. I filed a motion to suppress. The law was on my side, and I thought I would win. It was set for hearing twice, and the officer did not show up. Therefore, the judge dismissed the case after the officer failed to show up the second time.

Motion to Dismiss, November 2, 2012, Tulsa County, Oklahoma

Although a Public Intoxication case is not the most serious crime a person can be charged with, I treat all cases and clients the same. In this Public Intoxication case, I made a Motion to Dismiss. Before I even finished making my argument to the judge, she stopped me and said my motion was granted.

Motion to Quash Search Warrant, October 1O, 2012, Tulsa County, Oklahoma

My two clients were charged with Possession of Marijuana and Possession of Paraphernalia after a search warrant was served at their house. I was able to show the judge that the affidavit for the search warrant submitted by the police officer was invalid because he was working outside his jurisdiction. The judge agreed and quashed the warrant and dismissed the case.

Motion to Suppress, July 25, 2012, Craig County, Oklahoma

The highway bandits (aka Oklahoma Highway Patrol) stole $22,000.00 from my client as he was just passing through Oklahoma. The State filed a forfeiture case on the money. I believed the search that produced the money was illegal. I filed a Motion to Suppress and asked that it be set for hearing. The State never filed a written response to my Motion. Therefore, I asked the court to grant my Motion without further proceedings because of the State’s lack of response. The court granted my request, and I got all of my client’s money back.

Motion to Suppress, July 11, 2012, Mayes County, Oklahoma

My client was charged with Possession of Marijuana and Possession of Paraphernalia after a traffic stop. I filed a motion to suppress citing various legal problems with the stop and subsequent search. The DA called me two days before the court date and said she was dismissing the case. She said the police were not cooperating with her in responding to the issues I brought up in the motion to suppress. Therefore, she would dismiss the case that day.

Motion to Dismiss and Suppress, May 9, 2012, Tulsa County, Oklahoma

My client was charged with DUI-Drugs, Possession of Marijuana and Possession of Paraphernalia. I filed a motion to dismiss the DUI-Drugs case arguing that there was no probable cause to arrest my client for this crime. Fortunately, there was a video of this traffic stop. I then argued since the marijuana and paraphernalia were found as the result of an illegal arrest, they should be suppressed as the fruit of an illegal arrest. The DA called me the day before the hearing on my motion and offered to dismiss the DUI and possession of marijuana if my client would plead guilty to the paraphernalia charge and accept a deferred sentence with a very favorable term of probation. My client accepted the offer. This case was featured on the DUI TV Program; view the edited video of the arrest below:

Motion to Suppress, February 28, 2012, Wagoner County, Oklahoma

My client was charged with Assault on a Police Officer, Threaten to Perform an Act of Violence, and Resisting an Officer. All these things my client was charged with occurred after the police went into his backyard, into an opened window and eventually started roaming around in his house. I argued to the judge that this was an illegal entry into the house, and the police had no exigent circumstances (true emergency) to enter the house as the district attorney was arguing.  The judge agreed with me and held all the evidence of the crimes my client was charged with was inadmissible because of the illegal entry, and all charges were dismissed. I want to thank my client for not answering the police knocks on the door that occurred before the illegal entry, which would have led to the police “getting their foot in the door,” asking for consent to search, and asking other intrusive questions.

Motion to Suppress, February 15, 2012, Tulsa County, Oklahoma

Client originally charged with Felony Possession of Marijuana. The district attorney reduced the case to misdemeanor possession thinking this would result in a plea and that my client and I would give up on the motion to suppress. We did not give up, and after a hearing, the judge granted my motion to suppress and dismissed the case after finding that the search of my client’s car was illegal. I could not have won this motion without the help of my client. My client helped me by doing two important things: 1. He did not consent to a search. 2. He kept his mouth shut during and after the traffic stop and search of his car.

Motion to Dismiss, December 28, 2011, Tulsa County, Oklahoma

My client was charged with operating a bingo game without a license. This “crime” is a misdemeanor carrying up to one year in jail. I filed a Motion to Dismiss for lack of evidence, and the Motion was set for a hearing. The morning of the hearing the State dismissed the case.

Motion to Suppress, September 19, 2011, Tulsa County, Oklahoma

Client charged with Possession of Marijuana within 1000 Feet of a School, a felony, and Possession of Paraphernalia. After the police knocked on his door and held him on his porch in 40 degree weather for 2 1/2 hours, my client’s will was finally overcome, and he consented to a search. The judge granted my motion to suppress and dismissed the case after agreeing with me that the consent was a result of coercion by the police.

Motion to Suppress, October 11, 2010, Washington County, Oklahoma

Client charged with Possession of Marijuana and Possession of Paraphernalia after a traffic stop.  The judge granted my motion to suppress and dismissed the case after the suppression hearing because the District Attorney did not show the drug dog actually alerted on my client’s car and did not show the drug dog was reliable and well trained.

Motion to Suppress, June 10, 2009, Creek County, Oklahoma

Client charged with Endeavoring to Manufacture Methamphetamine after evidence was found during and illegal search or his car.  I filed a motion to suppress.  The Assistant District Attorney–one of the more reasonable ones–discussed my motion with me.  I told him why the search was illegal and directed him to watch the video tape of the traffic stop and search.  At the next court hearing, the State dismissed the case.

Motion to Suppress, March 27, 2009, Tulsa County, Oklahoma

Client charged with Possession of Marijuana after marijuana was found in her purse during a traffic stop.  Motion to Suppress was set for hearing and before the hearing began the Assistant District Attorney told me that my brief was well written and that he was dismissing the case.

Motion to Suppress, October 2005, Tulsa County, Oklahoma

Client charged with Unlawfully Carrying  Firearm.  Judge granted my Motion to Suppress and dismissed the case.

Motion to Suppress, January 2005, Tulsa County, Oklahoma

Client charged with Trafficking in Illegal Drugs and facing a minimum of 10 years in prison.  Judge granted my Motion to Suppress and dismissed the case.  Client released from jail that day.

Motion to Suppress, December 2004, Tulsa County, Oklahoma

Client charged with Possession of Controlled Drug.  Judge granted my Motion to Suppress and dismissed the case.

Motion to Quash, August 2004, Tulsa County, Oklahoma

Two clients both charged with Manufacturing Methamphetamine and being offered a plea agreement of 7 years in prison.  Judge granted my Motion to Quash for lack of evidence and dismissed the case.  Both clients released from jail that day.

Motion to Suppress, January 2004, Tulsa County, Oklahoma

Client charged with Delivery of Controlled Drug and because of his prior convictions facing mandatory prison time.  Judge granted my Motion to Suppress and dismissed the case.  Client released from jail that day.

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