Best Criminal Defense Attorney Tulsa | Aggressive Cross Examination
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If you’ve been charged with rape by instrumentation, you need the best criminal defense attorney Tulsa has to offer. You need an aggressive criminal lawyer who will fight for you. 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 has the right kind of experience because he dedicates his practice to criminal defense.
At trial, the state interest evidence about unrelated burglary of the residence. This occurred in Tulsa as your and had earlier. In that case, the occupants were asleep in her bed when a entered their home. The intruder turned on the computer and used it to conduct Internet searches. The intruder viewed images of young girls in sexually suggestive poses and clothing. The best criminal defense attorney Tulsa has will fight to get non-relevant evidence thrown out. This includes prior had conduct. Attorney Stephen Cale fights hard for his clients. He has handled serious felony cases, including rape by instrumentation.
Please print copies of some the images that the intruder had viewed. They did this by following the history of websites visited. They also looked at Internet searches stored on the computer. In addition to obtain information from an image that had jammed in the printer. Some of these images were introduced into evidence at trial. The intruder had obviously masturbated from the computer screen. This was evident because semen was found on the computer keyboard and table. This evidence had nothing to do with rape by instrumentation.
And OSB I criminalist testified that the DNA extracted from the semen on the computer table match the defendant’s DNA profile. The trial court judge allowed the state to introduce the burglary evidence as evidence of the common scheme and plan that was relevant to proving the identity of the child’s attacker. The best criminal defense attorney Tulsa has will know how to attack forensic evidence. This includes attacking DNA evidence. Attorney Stephen Cale will thoroughly cross-examine the prosecution’s witnesses. He does this to undermine their credibility.
On appeal, the defendant claimed that the evidence showing that he broke into the home a year and a half earlier should not have been admitted as evidence. The Oklahoma Court of Criminal Appeals reviews the decision for an abuse of discretion. The state defends the omission of the evidence of the burglary was admissible. The appeals court said that this evidence should not have been admitted. That’s because the statute that the prosecution relied on had nothing to do with assaults or molestation. This was a rape by instrumentation case.
However, the prosecution argued that the evidence showed the defendant’s identity as part of a common scheme and plan. According to the prosecution, the trial court’s decision to allow evidence of the prior break-in show that the two crimes were similar. The prosecution argued that the similarity went toward the defendant’s identity as the perpetrator. However, the Oklahoma Court of Criminal Appeals disagreed. The best criminal defense attorney Tulsa has will also be skilled at appeals. Judges have praised attorney Stephen Cale for his legal analysis and writing.
Criminal Defense Attorney Tulsa | Aggressive Cross Examination
If you’ve been charged with rape by instrumentation, attorney Stephen Cale will fight hard for you. You need the best criminal defense attorney Tulsa has to offer. Attorney Cale will look to see if there’s any pretrial motions that can be filed. His goal will be to get charges against you dismissed. Call the Cale Law Office at 918-277-4800 to schedule your free initial consultation.
The prosecution improperly conflated the identity exception. This exception requires unique similarities between the crimes willing to a signature. This signature includes a common scheme and plan exception. The exception requires a relatedness between the crimes such that the other crime paved the way for the current defense or the second fence. In this case, there was no way that the evidence pointed to rape by instrumentation.
The best criminal defense attorney Tulsa has will have a thorough grasp of evidence. One the ways that this is developed is through handling jury trials. Attorney Stephen Cale has handled numerous felony jury trials. This includes cases involving rape by instrumentation. If you want an aggressive criminal lawyer, call the Cale Law Office at 918-277-4800. Attorney Stephen Cale dedicates his practice to criminal defense.
Evidence that the defendant committed another crime is immiscible show identity under the common scheme or plan exception. The first, the various, must prepare the way for another in the second crimes dependent on the commission of the first. For other crimes evidence to be admissible under the common scheme and plan exception the must be invisible connection between the other crimes evidence and the charge crimes.
Understanding that the common scheme plan exception requires the two crimes to be related, the evidence in this case did not support that finding. The burglary was not part of the common scheme and plan that led to rape by instrumentation. There is no evidence that the rape was in a way dependent on the break-in. The best criminal defense attorney Tulsa has one have fought to get this evidence thrown out. The two crimes were independent of each other are not relevant.
Additionally, while the interest in both dwellings were at nighttime, the entries were over your part. They involve different victims of different locations. Most importantly, one involved a sexual attack against a child. The other did not. Although these crimes may have had some superficial similarities they did not relate to a rape by instrumentation. They only involved nighttime burglaries of an occupied dwelling.
However, the Oklahoma Court of Criminal Appeals has recognized a highly peculiar method may constitute a signature. This highly peculiar method would go to the identity exception. But, in this client case the signatures were not similar. Therefore, the trial court abused its discretion by allowing the evidence at trial. For an aggressive criminal lawyer, call the Cale Law Office at 918-277-4800.