Best Criminal Defense Attorney Tulsa | Lewd Proposal Child Charge
Are you looking for the best criminal defense attorney Tulsa has to offer? Be sure to call the Cale Law Office at 918-277-4800. Attorney Stephen Cale is a skilled criminal defense attorney. He has been practicing for nearly two decades. He also dedicates his practice to criminal defense. So, that makes him the right kind of criminal defense attorney for your case. Call the Cale Law Office to schedule your free initial consultation.
Defendant pled no contest to one count of making a lewd or indecent proposal to a minor under 16. The judge sentenced him to five years in prison with all but the first 30 days suspended. She also imposes rules and conditions of probation. The state filed an application to revoke the defendant suspended sentence. Alleged that the defendant committed the crime of assault battery with a dangerous weapon. The charge also alleged that he maliciously destroyed property and failed to register as a sex offender.
Following a revocation hearing, the judge revoked the defendant suspended sentence in full. The trial court also ordered three years a post-imprisonment committee supervision. The defendant appeals from the revocation of his suspended sentence or reason the sole issue. The defendant stated that the trial court lacked authority to impose post in prison supervision at the time the revocation. Up until the expiration of its original term, suspense has been a be lengthened beyond the term of the original sentence.
The Oklahoma Court of Criminal Appeals found that the court did not abuse its discretion when it order post-imprisonment supervision at the revocation hearing. The standard review applied revocation proceedings is abuse of discretion. If the state has filed an application to revoke your sentence, then you need the best criminal defense attorney Tulsa has offer. Attorney Stephen Cale has handled numerous cases involving an application to revoke. Many times he can get those cases dismissed.
The Oklahoma legislature has passed numerous provisions regarding post-imprisonment supervision. These competing provisions have created confusion in the District Court sent to some degree the Oklahoma Court of Criminal Appeals. Therefore, the appeals court must reconcile the competing statutes and given clear roles for the district courts to apply. The state legislature enacted several statutes involving sexual exportation or sexual abuse. The amended language only authorized post in prison supervision after confinement during a suspended sentence.
On the sex offenses listed within a certain section require post-imprisonment supervision. In the present case the Oklahoma Court of Criminal Appeals had a deal with different circumstances. The defendant entered a no contest plea to making a lewd or indecent proposal to a minor under 16. The statutory provision is when the sex offenses for which the statutes require post-imprisonment supervision. This does not violate the double jeopardy prohibition against multiple punishments for the same offense. Sentencing statutes contemplate that when the defendant’s sentence, he received only one sentence, not multiple ones.
Best Criminal Defense Attorney Tulsa | Lewd Proposal Child Charge
There’s one judgment guilt and one sentence. The defendant cannot be put punish twice for the same offense where the racial punishment is imposed. The legislature intended that every purse convicted and sentenced to imprisonment for two years in more serve the term of post in prison supervision when released. The defendant acknowledged within his plea form that he was required to serve a term of post in prison supervision. The trial court only ordered a single term of post-imprisonment supervision during the proceedings. Therefore, the defendant is not being punished twice for the same offense.
When looking for the best criminal defense attorney Tulsa has to offer, attorney Stephen Cale will use several defense strategies. Ultimately, he will fight to get you the best possible result under your circumstances. This can mean filing various pretrial motions to get the case dismissed. He may also file other motions during the course of the case, fighting to get the case dismissed. Even during the course of a jury trial, he can make a request for dismissal based on lack of evidence.
In another case, the jury convicted the defendant of making a lewd or indecent proposals to a child and illegally using a computer system. The jury set punishment at life imprisonment on the first count and 10 years on the second. The defendant appealed racing two issues. The first issue was whether the evidence was sufficient to support the jury’s verdict utterance instructions. Second was whether his convictions and sentences for using a computer to make a lewd or indecent proposals to a child violated his constitutional right to be free from double jeopardy and multiple punishments.
Here’s a summary of the facts of the case. Two girls brought a note someone a given them to the children’s librarian at the Brookside library in Tulsa. The note said you’ve got a friend if you want one. The included the name, and email address, and a phone number. The library give a note to the library manager who contacted Tulsa police. After receiving the note, Tulsa police Detective set up an email account, posing as a 12-year-old girl named Angela.
Tulsa criminal defense attorney Stephen Cale said that entrapment might be a defense to lewd proposal to a child. You need to call the Cale Law Office at 918-277-4800. The detectives exchange numerous emails with person using the email address listed on the note. The detective determined that the email correspondence was the defendant. The detective in a clear in his emails that Angela was 12 years old. In one email response, the defendant said that he was 30 years old.
The content in emails quickly progressed to a discussion of subjects of a sexual nature. The defendant suggest that he and Angela get together. He also suggested that Angela where something like a nice blouse, immediately skirt and nothing underneath. He also asked her not to wear a bra. He also inquired whether there was anything else Angela would like to do with him. Angela reminded him that she was 12. He replied by saying they might like to be more than friends.