Criminal Defense Attorney Tulsa | Aggressive Representation | Cale Law Office

Are you looking for the best criminal defense attorney Tulsa has to offer? Call the Cale law office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Stephen Cale has nearly two decades of experience. He also focuses his practice on criminal defense. That means he has the right kind of experience.

Following a three-day trial, a jury convicted the defendant of conspiracy to possess and possession with intent to distribute over a kilogram of heroin and methamphetamine. The defendant challenges conviction argued that the government violated Brady vs. Maryland and Giglio vs. United States, by failing to disclose such information concerning to confidential informants. Also argued that the District Court should not have permitted an expert witness to offer an opinion on his mental state. Here’s a summary the case.

This truck trafficking case arises from a confidential sting operation involving the Drug Enforcement Administration and two confidential informants. The undercover operation again in July when the DEA received information that a codefendant claimed to be able to deliver large amounts of methamphetamine and heroine. Pretending to be a drug buyer, the informant because the defendant in Oregon. He range for the codefendant to deliver drugs to Colorado. During these into negotiations, the informant noticed the defendant setting a few feet away.

On the day of the Colorado delivery, the DEA tracked the codefendant’s phone and car to a hotel. Especially to identify to vehicles in the hotel parking lot. In the meantime, the informant met the codefendant at a nearby restaurant to discuss logistics of a drug transaction. During the negotiations, the informant can notice the defendant sitting there by their table. After the meeting, the informant for the codefendant picked up the vehicles from the hotel and returned to the restaurant. From there the foreman led the defendant to a controlled warehouse with a drug transaction was supposed to occur.

After the arrest, the agents discovered about two pounds of heroin and 17 pounds of methamphetamine hidden behind the headlights of the car. A forensic analysis revealed that the defendant’s prints were on the drugs. At trial, the expert testified that the fingerprints on the bags of drugs belonged to the defendant. Grand jury indicted the defendant with conspiracy to distribute heroin and methamphetamine. The defendant knew for timely disclosure of the prosecution’s discovery. Shortly thereafter, however, the prosecution opposed certain aspects of the discovery request. The defendant challenges the adequacy and completeness of the prosecution’s disclosure on two essential grounds.

If you’re looking for the best criminal defense attorney Tulsa has to offer, then call law office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Stephen Cale will first file a discovery motion. This forces the state to turn over evidence that has against the defendant. It also forces a to turn over favorable evidence. This is required by law. Sometimes attorney Cale can use this information to get a case dismissed. Attorney Stephen Cale has been practicing for nearly two decades.

First, the defendant claimed that the summary information was too sparse to enable his counsel to meet the confidential informants. He also argued that the summer was too sparse to conduct an impeachment related to the scanner backgrounds. Secondly, the defendant speculated that based on the contents of the summer disclosures, the DA must have additional undisclosed materials. Therefore, the defense counsel demanded the production of additional including the CIs unredacted cooperation agreements, the CIs tax returns, recording regarding payments to the confidential informants and information regarding the informant’s history of criminal activity.

Disagreed initially denied the request is essentially cumulative. The court underscored the governments of representations the VA did not provide either informant with any further consideration of the defense besides the monetary payments. Specifically, the DA did not provide either the informants with immigration benefits. However, the district court did grant the defendant’s motion to reconsider its discovery ruling. As a result, the court conducted review of the agency files with respect to the confidential informants. The district were confirmed that the prosecution a properly honored its disclosure obligations with respect to the informant. The defendant should hire the best criminal defense attorney Tulsa has to offer.

On appeal, the appellate court began by discussing the bills that Supreme Court established in Brady in cases following it. In Brady, this U. S. Supreme Court noted that the suppression by the prosecution of evidence favorable to the accused upon request violates due process where the evidence is material either to guilt or to punishment. It does not matter whether there is been good faith or bad faith by the prosecution. For Brady purposes, exculpatory evidence includes evidence usual full only for impeachment vs. Impeachment evidence is exculpatory for Brady purposes. Additionally, the prosecution’s Brady obligation is carried an underlying duty to learn of any favorable evidence known to the others acting on the government’s behalf in the case.

The prosecution for Brady purposes encompasses not only the individual prosecutor had case, but also extends the prosecutor’s entire office. This also includes law enforcement personnel other arms of the state involved in investigative aspects of a particular criminal venture. Evidence is material in a Brady only if there is original probability that had the evidence been disclosed to the defense, the result of the proceeding would’ve been different. A reasonable probability means a probability sufficient to undermine confidence in the him. There’s no general constitutional right to discovery in a criminal case. The Brady rules based on the requirement of due process. Its purpose is not to displace the adversary system is a primary means by which traits are. Instead, it’s to ensure that a miscarriage of justice does not occur.

If you’ve been charged with a drug crime, you need the best criminal defense attorney Tulsa has to offer. Call the Cale law office at 918-277-4800. Attorney Stephen Cale’s been practicing for nearly 20 years. He also has the right kind of experience because he focuses his practice on criminal defense. Attorney Cale is handled numerous drug charges. He’s even gotten some dismissed before it even had a chance to go to trial.