Tulsa Criminal Defense Attorney | Getting Results | Cale Law Office
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If you’ve been charged with a crime and need serious legal representation, call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. Your initial consultation with the Cale law office is free. You also get a free defense strategy plan.

Attorney Stephen Cale will get started your case right away. He first begins by following various motions. One of them is a discovery motion. This forces the state to turn over police reports and other evidence that it has against the defendant. Also forces the prosecution the turnover evidence that might be favorable to the defendant.

When things that attorney Stephen Cale will look at his whether not an officer stopped was lawful. A plea stopped exceeds the time needed to handle the matter for which the stop was made violates the Constitution shield against unreasonable seizures. The total duration of the police investigation in a traffic stop is determined by the seizures mission. So, in the case of a traffic stop, the mission would be to address the traffic violation that warranted stop and attention to related safety concerns.

Authority for this type of seizure ends when it has to the traffic infraction originally should have been completed. The US Supreme Court has recognized that, in addition to issuing a traffic citation, an officer’s mission may include ordinary inquiries related to the traffic stop such as checking the driver’s license, determining whether there are outstanding warrants against the driver, and looking at the vehicle’s registration proof of insurance.

Unlike a dog sniff, which is used in detecting criminal wrongdoing. The ordinary inquiries related to the traffic stop are aimed at ensuring that the vehicles on the road are operated in a safe and responsible matter, said Tulsa criminal defense attorney Stephen Cale. Investigations and actions unrelated to the traffic stop, for example, questioning in a dog sniff, to not lengthen the roots and attention are permissible under the fourth amendment. So, in this sense, the officer may conduct certain related checks during an otherwise lawful traffic stop. However, he may not do so in a way that prolongs stop, without a reasonable suspicion ordinarily to justify detaining a person.

If a Highway Patrol trooper completed his enforcement action related to a traffic stop returning the driver’s documents and license and is a written warning, then at this point all tasks related to the mission of the traffic stop were completed. However the driver continues to send the patrol car did not get out to this can be problematic if this was a consensual encounter, the troopers better questioning of the person will not violate the fourth amendment and statements related to contraband in a vehicle provide probable cause to search the vehicle.

Consensual encounters are not forthcoming and seizures because they involve voluntary cooperation with an officer is on course of questioning, said Tulsa criminal defense attorney Stephen Cale. The Oklahoma Court of Criminal Appeals has held that pleas be to detain the driver longer than necessary for the initial stop with consent. A driver must be permitted to proceed after routine traffic stop have a license and registration check reveals no reason to detain the driver unless he also has a reasonable articulable suspicion of other crimes for the driver voluntarily consents.

To determine whether the cutter was consensual, courts have considered the original person would’ve felt free to leave considering the totality of the circumstances. A consensual encounter is voluntary cooperation of a private citizen in response to non-course of questioning by law enforcement officer. A traffic stop may become a consensual encounter, requiring no original suspicion, if the officer returns a license and registration asked questions without further constrained the driver by an overbearing show of authority.

The fact that a person was sitting in a trooper’s patrol unit after being handed back his license and paperwork does not make the troopers later questioning involuntary. Same is true that a person was not informed at the moment that he was free to leave. The officer is not required to inform the person that he did not have to respond to his questioning whether he was free to leave. As a consequence, and unlawful detention occurs only when the driver has an objective reason to believe he or she is not afraid in the conversation with the officer into proceeding on his way.

The court will look at the totality of the circumstances to determine whether a reasonable person would feel free to leave to proceed on his or her way seems trivial officer’s decision to continue questioning a person in connection with what shows objectively was consensual encounter. The Oklahoma Court of Criminal Appeals us said this court has never held an officer must have a reasonable and articulable suspicion before he may ask or consent after 30 engaged feel a traffic stop. It is only held that the consent must be voluntary.

Tulsa criminal defense attorney Stephen Cale said that this is a prime example of why you should not talk to an officer. Certainly would be courteous replied to an officer. He also wants to provide documentation such as driver’s license and insurance verification. But you have to answer and alters question. In fact, should tell the officer that you want a lawyer. Also never consent to search of your vehicle or any other part of your property. Talking to an officer cannot help you can only hurt you. Be persistent but polite asserting rights.

Tulsa criminal defense attorney Stephen Cale has nearly two decades of legal experience. He focuses his practice on criminal defense. He’s an aggressive legal fighter and will look for ways to get his client’s case dismissed. Call the Cale law office at 918-277-4800 to schedule your free initial consultation.

Attorney Stephen Cale works hard on his clients’ cases. He will look for any way to get the case dismissed. Even if the case is not is dismissed, he will look for a way to get a charge reduced to one that is less severe if possible. Sometimes you can even get a case with probation will later be dismissed after the probationer is over. The beauty of this is that the criminal charge will not be counted as a conviction.