Criminal Defense Attorney Tulsa | High Reviews | Cale Law Office
If you’re searching for the best criminal defense attorney Tulsa has offered there is a call you need to make. Call the Cale law office at 918-277-4800. Schedule your initial consultation with attorney Stephen Cale. Attorney Cale has nearly 20 years of experience. He has the right kind of experience. That’s because he focuses his practice on criminal defense.
The defendant pled guilty to homicide. He was is to 10 years suspended, with rules and conditions of probation. This has was to run concurrently with a previous case the head. Revoked the defendants suspended sentence. Alleged that the defendant failed to report as ordered and changes address without form his probation officer. The defendant was classified as a and absconder. The court held a revocation hearing. Following the hearing, the judge revoked the defendant’s sentence in full.
On appeal, the defendant first argued that the state failed to inform the failure to work any payment. Without this constitutionally mandated notice can order must be vacated. Error for the state to prevail, state need only show by a preponderance of the evidence that the violations of the condition of the suspended sentence. Parts of the evidence has been defined as the weight of evidence. Is also the defined as that which, to the minor the trier of fact is most convincing and more probably true. If you’ve been charged with a probation violation, call the best criminal defense attorney Tulsa has to offer. Call the Cale law office at 91827740.
In this case, the preponderance of the evidence supports the trial court’s decision to revoke the defendant suspended sentence. Revocation is proper even if only one violation is shown by Providence. The defendant has not shown an abuse of discretion. A preponderance of the evidence supports the states allegations the defendant failed to report as ordered. He also changed his address without informing his probation officer.
The defendant also argued that the orders revoking his suspended sentence mandates defense run concurrently with the prior case but did not where the senses to be concurrent other has ordered in the original judgment and sentence in the case. The consequence of judicial revocation is to execute penalty previously imposed defense. The district court is directed to modify the revocation orders to properly reflect that the senses are to be served concurrently.
If you’ve been charged with a serious crime, then you call the best criminal defense attorney Tulsa has. Schedule your free initial consultation with attorney Stephen Cale by calling 918-277-4800. Cale the Cale law office’s been practicing for nearly 20 years. He focuses his practice on criminal defense. Clients give him high reviews and refer others to him.
Additionally, the defendant argued the review of the entire record warrants for the full revocation and interest of justice. The decision to revoke suspended sentence in whole or in part is within the sound discretion the trial court’s decision will not be disturbed without an abuse of discretion. An abuse of discretion is been defined by the Oklahoma Court of Criminal Appeals has clearly erroneous conclusion and judgment. It is one that is clearly against the logic and effect the facts presented in the port of an against the application. In this case, the defendant did not shown abuse of discretion.
Lastly, the defendant claimed that the trial counsel’s failure to resurface the review was a result of ineffective assistance of counsel. To establish effective assistance of counsel, the defendant must prove that the counsel’s performance was deficient. Was prejudice the defendant. The defendant has the burden to show that there is reasonable probability that but for any less by counsel, the result of the proceeding would’ve been different. Original probability is a probability sufficient to undermine confidence in the outcome. The Brady to both deficient performance and resulting prejudice. The defendant did not meet this burden.
In another case, a judge convicted the defendant of assault battery with a deadly weapon during a bench trial. The judge found the defendant guilty and sentenced him to 25 years imprisonment. The defendant appealed. At issue on appeal was whether the defendant knowingly and intelligently waived his right to a jury trial. After thorough consideration, the Oklahoma Court of Criminal Appeals reduction remanded the matter for new trial.
The defendant argued that the record failed to show that he competently commonly, and voluntarily waived his right to jury trial. Therefore, he argues, reversed and remanded for new trial. The state agrees that both the record does not demonstrate a comp, knowing, intelligent waiver of the right to jury trial. Agrees that the case must be reversed remain for new trial.
While the accused may waive his constitutional right to a jury trial, the must be a clear showing that waiver was competent, knowing, and intelligent. Record showing intelligent, click, knowing waiver of federal right has been three anything last is not a waiver. The right to jury trial can be waived only upon a clear showing that waiver. It is incumbent upon the trial court to make a record of the waiver of federal right. All doubts consider must be resolved in the favor of the accused.
Even though there is a court minute notation that a nonjury trial is set by agreement and that the defendant was present, there’s nothing not the trial court inquired to make sure that the waiver was express and intelligently made. Because record is not, knowing, and intelligent waiver of his constitutional right. The case must be new to trial.
You need the best criminal defense attorney Tulsa has to offer. Call us at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale focuses his practice on criminal defense. Plus he’s been practicing for nearly 20 years. Attorney Cale has handled serious criminal cases. These include first-degree murder, child abuse, robbery with a firearm, and rape. Several of his clients have given him a five-star Google review. They like him so much that they refer others to him. People say that he is well worth the money.