Criminal Defense Attorney Tulsa Becaue A Fighter Matters
This content was written for Cale Law Office
Are you facing child sexual abuse allegations? Then you need the best criminal defense attorney Tulsa has to offer. Look for the best Tulsa sex crimes attorney. For a free initial consultation, call the Cale Law Office at 918-277-4800. Attorney Stephen Cale has handled numerous sex crimes cases. He’s been in practice for 20 years and dedicates his practice to criminal defense.
Serving clients throughout Oklahoma and Northeastern Oklahoma, including Tulsa County, Jenks, Glenpool, Bixby, Collinsville, Owasso, Sand Springs, Sapulpa, Rogers County, Catoosa, Claremore, Mayes County, Adair, Chouteau, Disney, Grand Lake, Langley, Locust Grove, Pensacola, Salina, Spavinaw, Wagoner County, Coweta, Muskogee County, Webbers Falls, Okmulgee County, Pawnee County, Keystone Lake, Osage County, Pawhuska, Hominy, Nowata County, Coffeyville, Craig County, Vinita, Big Cabin, Washington County, Bartlesville, Copan, and Dewey.
A jury convicted the defendant of two counts of child sexual abuse. The court sentenced him to 25 years in prison for both counts. The defendant contends on appeal for issues. Here’s a summary the facts the case. The defendant first contends that the court abused its discretion by mending the outcry testimony because she was not the first the dog to whom the complainant made a statement about the offense. Put your child sexual abuse case into the hands of the best Tulsa sex crimes attorney. In particular, the defendant notes that the complainant’s mother in several school employees had heard about the allegations before the person did. No matter what you’re charged with, you need the best criminal defense attorney Tulsa has to offer.
The kind of criminal procedure describes proper outcry witness is the first person, 18 years of age or older other than the defendant to whom the child made a statement about the offense. The best Tulsa sex crimes attorney will conduct a thorough analysis of your case and look for many defenses as possible. Statute is been construed to refer to the first adult of the child mix a statement in some manner describes the alleged offense. The statement must be more than words which give a general allusion that something the area the child abuse was going on.
The proper outcry witnesses the adult to whom the complainant first tells how, when, and where she was assaulted. The trial court has the broad discretion to determine the proper outcry witness. The best criminal defense attorney Tulsa has to offer will conduct a thorough cross-examination of the child witness. Too often child witnesses are coached by the prosecutor or family members. A thorough cross-examination will bring this out and discredit the testimony.
The witness and the complainant of testified that the complainant told her mother that the defendant had touched her. The complaints mother did not believe the girl first is to testify at trial. Complaints mother told several school employees the Kroll and told her. This is something that the best criminal defense attorney Tulsa has to offer would bring out. The witness interview the girl at school and gave the girl details of what the defendant under her. There’s nothing the record suggests that the girl told her mother any details about what had happened.
School employees to whom the girls mother told about the allegations cannot be outcry witnesses. That’s because there’s no evidence that the girl herself told them anything about the offense. The proper outcry witnesses the first adult the child made a statement about the offense. Whether it’s child sexual abuse or other sex crimes charge, you need the best Tulsa sex crimes attorney. Secondly, the defendant contends that the trial court abused its discretion by mending the written statement he gave to a polygraph examiner.
The best criminal defense attorney Tulsa has to offer will keep evidence of a polygraph exam out. Attorney Stephen Cale the Cale Law Office fights hard to get evidence thrown out. This will help weaken the prosecution’s case. The weaker the case, the better the chances of getting an acquittal. The polygraph examiner interviewed him for child protective services because the examiner did not read his Miranda warnings. Additionally the probative value of the statement was substantially outweighed by the danger of unfair prejudice.
Criminal Defense Attorney Tulsa | Your Future’s At Stake
The defendant concedes that he was done custody when examination to place. Additionally the polygraph examiner was on law enforcement officer. The question whether he should have been given the Miranda warnings is governed by the recent decision of the Court of Criminal Appeals. Only when a DHS investigator is working in tandem with police to investigate and gather evidence for criminal prosecution or Miranda warnings required. The best Tulsa sex crimes attorney understands that your life, liberty, future, and reputation are stake. There’s too much to lose for you to hire just any criminal defense attorney. For free initial consultation, call the Cale Law Office at 918-277-4800.
Here there was no evidence that the DHS worker was working in tandem with police officers when she interviewed the defendant. Therefore, the trial court did not abuse its discretion in admitting defendant statements. Because the defendant was not in custody the polygraph examiner was not acting intended with any law enforcement officer no warnings were required. However, the defendant contends that the probative value of the statement is substantially outweighed by the danger of unfair prejudice. The defendant suggest that the mission of his written statement is unfairly prejudicial because it was obtained in connection with a polygraph examination. These results were not admissible and the best criminal defense attorney Tulsa has to offer would get them thrown out.
In this case, the trial court properly restricted the polygraph examiner’s testimony so that no mention of a polygraph examination or its results was made to the jury. Don’t let just anyone handle your child sexual abuse case. Look for the best criminal defense attorney Tulsa has offer. There’s too much on the line to hire somebody that just dabbles in criminal defense. The thing also contends that the trial court erred by talented charge the jury on the lesser included offenses of indecency with a child. To be considered a lesser included offense, the lesser offense must be included within the proof necessary to establish the fence charge. For your child sexual abuse case, look for the best Tulsa sex crimes attorney.
When considering whether a lesser included offense should been included in the charge, the Court of Criminal Appeals will analyze three things. First it will look to the elements of the offense charge. Secondly it look at the elements of the proposed lesser included offense. Lastly, he will consider the proof offer to trial. The two count charge alleged that the defendant committed aggravated sexual battery of the child and child sexual abuse. Witnesses testified that the defendant had touched the girls his hands on her breast her, her back, her vagina, that he penetrated her with his fingers, and that he try to put his penis inside of Regina.