Best Criminal Defense Attorney Tulsa | Ray of Hope
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Are you facing a charge of solicitation of a minor? Then you need 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 is a skilled criminal attorney. He has been practicing for 20 years. Plus, he has the right kind of experience because he dedicates his practice to criminal defense. He is highly rated.
A jury convicted the defendant of solicitation of a minor and sentenced him to four years in prison. He did not appeal his conviction. Instead, he filed a habeas corpus action. He contends that is actually innocent because he was prosecuted under law has been declared unconstitutional. The trial court found that the defendant was convicted under the online solicitation of minors statute that the appeals court struck down.
The heinous record reflects that the defendant was convicted force listing a minor over the Internet. The statute also concerns soliciting a minor over a commercial online service to meet for sexual conduct or intercourse. It permits a person 17 years old or older from communicating online or electronically in a sexual explicit manner with a minor. The best criminal defense attorney Tulsa has experience with sex crimes cases. Attorney Stephen Cale has handled numerous sex crimes cases. He is a skilled trial attorney.
The statute also prohibits distributing sexual explicit material to the minor. In the opinion, the appeals court distinguished subsection the defendant was prosecuted under. In noted that there is a compelling interest in protecting children from sexual predators. The defendant was not convicted under the unconstitutional subsection of the online solicitation a minor statute. Therefore, the appeals court denied him relief.
In 2016, jury found the defendant guilty of online solicitation of a minor. Following a punishment hearing jury found that the defendant should serve a life sentence because he had committed to prior felonies. The trial court since the defendant to a life sentence in prison. The defendant appealed. However, his appeals attorney noted in a brief that an appeal would be frivolous because it was no argument grounds that can be advanced.
If you’ve been wrongly convicted of online solicitation of a minor, you need 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 is highly praised for his legal analysis and writing. As a former journalist, he has excellent writing skills, which is necessary for appeals. Contact him through his website at CaleLawOffice.com.
In another case, the defendant waived his right to jury trial. The trial court convicted him of online solicitation of a minor. However, he raised three points of error on appeal. Challenge the constitutionality the online solicitation of a minor statute. He also claimed that the trial court erred in of rolling his motion to suppress. The appeals court affirmed the conviction. Here’s a summary of the case.
Criminal Defense Attorney Tulsa | Ray of Hope
Evidence at trial showed that the defendant communicated Internet chat room with a person identified by the screen name of Brooke. This person stated can cases with the defendant that she was a 13 girl. The conversations, over the span of several, gradually escalated in sexual explicit this. During correspondence, the defendant mentioned wanting to take the girls close off, kissing her, pulling off her pants, and looking her. He also talked about sliding into her all while being reminded by her that she was only 13 years old. In actuality, the defendant was committing with a male police officer. This is a classic example of online solicitation of a minor.
The officer sent the defendant a few pictures of the fictitious Brooke. At trial, the explained that he use the photographs of the small, you’re looking detention officer in another photographs was sexually explicit. The best criminal defense attorney Tulsa has will cross-examine the prosecution’s witnesses. This is to undermine their credibility. Cross-examination will also create reasonable doubt. The prosecution cannot prove every element of the crime be unoriginal doubt, the jury must find the defendant not guilty.
After taking the defendant into custody and advising him a his Miranda rights, the officer question the defendant about his online conversations with Brett. The defendant can explain why he was chatting with a 13-year-old girl. When asked if he recalled the defendant ever saying that he didn’t really believe the person was a 13-year-old, the officer stated they did not recall such a statement. The defendant told the officer that he does chat with minors but stops chatting with him once he discovers a they are indeed a minor. Under cross-examination, the officer opined that a person would violate the law if you solicit a person who originally told was 15 years old and later said she was actually 25 years old or vice versa. He further stated that it was possible to charge person with online solicitation of a minor after representing to the person that he solicits a minor who is 13 years old.
The best criminal defense attorney Tulsa has will object to a prosecution witness making legal conclusions. Sex crimes carry heavy oldies. A conviction can run your future with the loss of liberty because you’re in prison and having to register as a sex offender. Because of the seriousness of the charge, you need an attorney who dedicates his practice to criminal defense. 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.
On appeal, the defendant claimed that the online solicitation of a minor statute violated state and federal constitutions because it makes sexual explicit communications with the recipient a strict liability offense. He claims this to price in of the mistake of fact the fence. He asserted that is to process rights were violated because the state does not have prove the unoriginal doubt they had a couple mental state concerning the victim’s age. He claims that the absence of a requirement deprive him of the mistake of fact defense. Therefore, infringed on his due process rights.
There’s too much at stake if you’ve been charged with a sex-related crime. If you’re found guilty, you could be going to prison for a very long time. So, you need the best criminal defense attorney Tulsa has to offer. Attorney Stephen Cale is a highly rated criminal lawyer. Contact him today at 918-277-4800.