Best Criminal Defense Attorney Tulsa | Representation With Impact
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Lewd molestation is a serious charge. It can affect your life, liberty, reputation, and future. That’s why you need the best criminal defense attorney Tulsa has to offer. For aggressive, skilled, experienced criminal defense, call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale has been practicing for two decades and focuses his practice on criminal defense.
Prosecutors charged the defendant with lewd molestation and oral sodomy. The jury returned a guilty verdict on all counts and set punishment at 10 years. The defendant appealed. Here’s a summary the facts the case. In April 2014, a Claremore police officer responded to a call concerning a woman son. The boy stated that his nine-year-old friend told him that his stepdad had been sucking on his weenie. These people were neighbors to a child in the defendant.
Based on this information, the officer went to the defendant’s house and take both the defendant and the child to the police department for questioning. The best criminal defense attorney Tulsa has offer would get evidence from this action thrown out. The officer’s actions were illegal in any statements base on the illegal arrest can be thrown out. For aggressive, skilled, and dedicated criminal defense, call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale.
At the police department the defendant in a child were taken in December rooms. The defendant waived his Miranda rights admitted to the officer that he had had perform oral sodomy on the child and committed lewd molestation. The defendant claimed that he had happened only twice. He said that during the second incidence, he downplayed with a child and that the child performed oral sodomy on him. In another room, the child told the officer committed lewd acts several times.
At trial, the defendant testified that he was never read his Miranda rights. He said that he only agreed that he had done this is because the officers kept on him of the child receive help and counseling at the confessed. The best criminal defense attorney Tulsa has offer will tell you to never talk to police. You cannot talk your way out of the arrest. The only thing they should tell polices that you want an attorney. Talking to the police will only hurt you, not help you.
On appeal, the defendant claimed that there was insufficient evidence to support the jury’s finding of guilt. Specifically he contends that the state failed to prove the element of penetration. The appeals court must determine whether not the jury could have found the essential element of the crime charge be unoriginal doubt. The appeals court will look at this in the light most favorable to the state. A review the record reveals that during this confession, defendant admitted situation. Therefore, the appeals court found that there sufficient evidence.
The defendant also claimed the told’s testimony was incredible and unworthy belief. He said that corroboration was required to sustain a conviction. He contended that there was no corroboration presented at trial. It was true that a trial of the child tried to recant his previous statements concerning the incidence. He said that it was all a dream. This would tend to undermine the charge of lewd molestation.
It was clear from the record that the child was embarrassed about the incidence and concerned about his stepfather go to jail. With this conflict to the testimony, it’s disclose a province of the jury to way the testimony to draw the conclusions from it. There’s a competent evidence to support the verdict it will not be disturbed by the Oklahoma Court of Criminal Appeals. Additionally, the appeals court found that corroboration of the child’s testimony was provided by the defendants own confession. The best criminal defense attorney Tulsa has offer will tell you to never talk to police.
Secondly, the defendant argued that he was not read his Miranda rights. Therefore, his confession should been suppressed. Specifically, the defendant contends that he was never read his rights and that there is contradictory evidence. Contradicting came from his supposedly read him his rights. Prior to trial, hearing was held on the defense motion to suppress confession. At the hearing, the officer testified that he read the waiver rights to the defendant. Explained him and asked the defendant whether he understood them. According to the testimony, the defendant understood his rights.
With Tulsa criminal defense attorney Stephen Cale, you get aggressive representation to fight your lewd molestation charge. But isn’t that what you’d expect when you hire the best criminal defense attorney Tulsa has to offer? For your free initial consultation, call the Cale Law Office at 918-277-4800. Attorney Cale has been practicing for 20 years and dedicates his practice to criminal defense. That’s a huge benefit for his clients. Focus and experience matter when your life is on the line. Attorney Stephen Cale fights hard for his clients because he knows that their life, liberty, future, and reputation are at stake.
Another officer testified that the defendant signed a waiver of his rights. On cross-examination, the officer stated that he read the defendant has been rights before question him. The defendant’s wife testified that the officer defendant signed a waiver of rights form. The wife further testified that the officer threatened to put the defendant way if he was guilty. After review the record, the appellate court found that the defendant was probably informed of his rights. The defendant also argued that he was coerced by the officer into confessing to the incidence of lewd molestation. However, the record is devoid of any evidence of coercion.
Next, the defendant contended that the trial should not have allowed a psychologist to give expert testimony concerning child accommodation syndrome. This describes behavioral patterns of sexually abuse children. The psychologist testified that the combination syndrome is divided into four stages. First there are periods of secrecy and helplessness. Second there are periods where the child accommodates that adult. Third there is the lead in conflicting disclosure. Lastly, there’s a retraction of the story. The psychologist testimony was general nature. He did not give any opinion concerning the child’s credibility. Nor to the state whether the child’s behavior was typical the syndrome.
Don’t let just any one handle your lewd molestation case. Hire the best criminal defense attorney Tulsa has to offer. For aggressive, skilled, experienced, and dedicated criminal defense, call the Cale Law Office at 918-277-4800.