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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 nearly 20 years of experience. He focuses his practice on criminal defense. That means he has the right kind of experience for your case. Give him a call today.

The defendant entered the issue pleas of guilty and all four cases. Pursuant to the plea agreement, the defendant was to be sentenced to 30 years in each case, to run concurrently with other cases. Several months later, the defendant notified the court that he wanted to withdraw his plea and always cases. After hearing argument testimony, the request with trial was denied. The defendant filed a motion for postconviction relief with the Oklahoma Court of Criminal Appeals. The trial court recommended that the defendant be allowed to an appeal out of time. The district court appointed an attorney for the defendants at a hearing on the motion to withdraw. At the hearing, the court determined that no hearing on the motion of trial necessary because he had been previously held. The matter for the appellate court the trial court’s denial of the defendant’s request to withdraw his guilty pleas.

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The defendant product the following issues on appeal. The court denied his constitutional right to assistance of counsel to withdraw stage when plea counsel refused to assess the defendant withdraw his plea in a court refused to appointed counsel. The trial court committed reversible error when it failed to point a conflict free counsel direct the defendant. The trial court violated the petitioner’s 14th amendment right to due process when it failed to hold an evidentiary hearing on the motion to withdraw the guilty plea.

The record showed that although the defendant was represent by counsel, he faxed pro se letter to the DAs office seeking to withdraw his guilty plea. That’s request was filed the District Court. With the defendant at the hearing on the motion to withdraw. Councilman a clear to the court that she did not participate in the defendant’s letter seeking to withdraw the police nor did she prepare any kind of formal motion to withdraw. The question by the court, the defendant explained his reasons behind’s request to trial. The judge to this defense counsel she had it again. She replied in the negative, stating that judgment and sentence entered been entered. The judge responded that he was not going to appointed counsel because it not been requested an because he remembered taking the guilty pleas. He they continue with proceeding to withdraw the plea.

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A criminal defendant is entitled to effective assistance of counsel at a hearing on a motion to withdraw. The right of effective assistance of counsel includes the proper preparation the motion to withdraw counsel’s continuing duty to represent the defendant through the perfecting of an appeal. The harmless error doctrine is applicable when a defendant has been denied the right to counsel. This is true with the defendant neither alleges that he is innocent nor that his plea was voluntary. Is clear that the defendant is not entitled withdraw his plea.

In the present case, plea counsel was still counsel record withdrawing hearing. She was present at the hearing, but took no part in the proceedings. There was no explanation the record why the defendant prepared of pro se request withdraw. As noted case in the record that the defendant wanted to appear pro se with anyone to waive his right to counsel. Based on the record, the Oklahoma court criminal appeals cannot find that the defendant knowingly and voluntarily pled. It also cannot find that he was not entitled withdraw his guilty plea. Therefore, the appellate court sent the case back to the trial court to determine whether defendant wanted to proceed on a motion to withdraw his guilty pleas. If he does, the trial court must determine whether he is entitled to court-appointed attorney.

If you’re looking for the best criminal defense attorney Tulsa has to offer, you should call this number. Call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale will develop a free defense strategy plan document for you. This will showing the steps that attorney Cale will take in defending you. It will help you navigate you through the criminal justice process.

The first thing that attorney Cale will do is look at the charge to see whether not spelling on its face. The charge dismissed correctly recite the law on the facts. It does not, it’s possible that can be dismissed. Attorney Cale has filed a motion to quash in previous cases. He has had success in getting charges dismissed because the charge was invalid. Secondly, attorney Cale will file a discovery motion. This forces the state to turn over evidence that has concerning a defendant. This includes both favorable and unfavorable evidence. With this evidence, attorney Cale may be able to get charges dismissed.

In felony cases, the defendant will be entitled to have a preliminary hearing. The purpose of the preliminary hearing is to see whether not there is probable cause that a crime was committed and that the defendant committed the crime. It does not determine guilt or innocence. The standard of proof is very low. At the conclusion of the hearing, attorney Cale will as the judge to dismiss the case for insufficient evidence. If the judge denied the request, then he will file a formal request for dismissal. These are sometimes more effective because it contains a transcript of the proceedings against the judge more time to consider the issue.