Best Criminal Defense Attorney Tulsa | Lewd Proposal Child | Cale Law Office
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Are you searching 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 Cale has been practicing for nearly two decades. Plus, he’s the right attorney for your case because he focuses his practice on criminal defense. He is a skilled attorney and has handled numerous sex crime cases.
Prosecutors charged the defendant with making obscene, threatening, or pressing electronic communications. A jury convicted him of the discounts and the judge sentenced him to three months in the county jail and a fine dinner caller find on each count to run consecutively. The defendant appealed from these convictions and sentences. On appeal, he said that the trial court mistakenly sentenced him to multiple sentences in violation of the double jeopardy clause.
Defendant argued that his convictions and sentence violates double jeopardy since he was committing a continuous crime. He did not raise the issue at trial here and therefore the appellate court reviewed for plain error. Because the ledger is of constitutional dimension, the Oklahoma Court of Criminal Appeals will review the trial court’s decision to determine whether not there is any error that was harmless beyond a reasonable doubt. Double jeopardy protects against multiple punishment for the same offense, prohibiting a court from imposing a greater punishment for single offense than authorized by the legislature.
When looking for the best criminal defense attorney Tulsa has offer, there are couple things that you need to look for. One of them is how long the attorney’s practice. Attorney Stephen Cale has been practicing for two decades. Another thing he will look for is whether not the attorney focuses on criminal defense. Attorney Stephen Cale dedicates his practice to criminal defense. His clients give him high reviews, which is another thing that you look for.
In deciding whether multiple charges violate double jeopardy, the Oklahoma Court of Criminal Appeals will look to see whether each charge of requires proof that the other does not. Two distinct acts of the same offense, carry on the same victim, not violate double jeopardy where the acts are interrupted and separate in time. The defendant mistakenly argues that the section to with obscene phone calls requires numerous phone calls placed in violation of the statute may be only prosecuted one count. The section uses repeatedly to prohibit any use electronic indications vice to make specific types location.
Best Criminal Defense Attorney Tulsa | Lewd Proposal Child
The crime of lewd proposal to a child is an extremely serious charge. If you or someone you know has been charged with this crime, you need the best criminal defense attorneys Tulsa has to offer. That means you need somebody has many years of experience, like attorney Stephen Cale. He also once made a skilled at jury trials. Attorney Stephen Cale is handled numerous jury trials. These include trials ranging from sex crimes to murder.
By contrast, another section which the defendant relies concerns jurisdiction venue. Advised the use of electronic communications facility includes all points of origin and reception. It also provides for any offense of this section is continuing offenses shall be deemed to have been committed either the place of origin and place reception. Is clear that the phrase continue offense refers only to the locations and jurisdiction which the offense may be held to have occurred. Interpreting a statute, the Oklahoma Court of Criminal Appeals will look to its purpose, he will be remedied, and consequence of any particular interpretation.
The defendant was charged and each count with lewd or indecent proposal to a child. However he was convicted of the lesser included misdemeanor offenses electronic communication protects victims from one calls from a stranger with remarks which, in that context, qualify as at least filthy or indecent. The defendant made numerous calls of this nature of a period of six months, even after being explicitly told to stop by both victim and her mother. He did this that the victim was a minor.
If the Court of Appeals adopted the defendant’s interpretation, then he could only be held criminally responsible for single violation of the statute. This consequence is not supported by the plain language of the statute. The Court of Criminal Appeals said that it cannot conclude it was the legislature’s intention. All three counts were less than occurred by telephone. However, the counts themselves are separate and estate. The defendant was charged with count one with calling the victim in describing a particular sexual act he was to commit against her. This charge count to with, the victim and asking her to perform a particular sexual act for his benefit.
Evan shows that while these calls were placed within the alleged timeframe, each phrase was said during a separate phone call. Additionally, phone calls a separate in time for many a phone call. These offenses were separate and distinct. There’s no double jeopardy violation. As such there is no error beyond a reasonable doubt.
Attorney Stephen Cale takes a team approach to criminal defense. That means he gets his client involved as much as possible. Call the Cale law office at 918-277-4800 to schedule your free initial consultation. Attorney Stephen Cale will fight hard to get you the best possible result under the circumstances of your case. He is an aggressive and skilled criminal defense attorney.
Tulsa criminal defense attorney Stephen Cale has written numerous articles concerning criminal defense. They are very educational instructive two people looking for a criminal defense attorney. Written in simple language, these articles explain the criminal justice system, the consequences of certain crimes, and defense strategies to criminal actions. You can see them by going to his website at CaleLawOffice.com.
You should also take a look at the video testimonials of satisfied clients of Stephen Cale. These are actual people, not paid actors. Attorney Stephen Cale also has a high number of positive Google reviews.