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This content was written for Cale Law Office
If you’ve been charged with a crime, don’t settle for just any attorney. For aggressive legal representation, call the Cale law office at 918-277-4800 to schedule your free initial consultation. Tulsa criminal defense attorney Stephen Cale will create a custom-made defense strategy plan just for your case.
In a 1989 case, a man named Melvin Simpson was convicted of second-degree attempted burglary after former conviction of two or more felonies. The jury sentenced him to 25 years in prison. Here are the facts.
In June 1989 a woman arrive from how to find the defendant on the front porch of the house next door to hers. She did not recognize him as a friend of the homeowner, who happens to be her niece. The man was later spotted by police and arrested.
On appeal, the defendant argued that the trial court erred instruct the jury the range punishment for an attempt a crime that is a conviction of two more felonies. However, the state pointed out that the defendant failed to offer any alternative instructions. According to the Oklahoma Court of Criminal Appeals, is the responsibility of the defense to object instructions given and to submit written request instructions to the trial court. Failure to do so waives any alleged error. The jury was instructed pursuant to the enhancement provisions of title 21. The provision states that punishment for committing the offense of attempted burglary, second degree, after former conviction of a felony was imprisonment for up to 10 years. After two or more felonies the punishment is for up to 20 years. The jury was also told that he could find that the state had not proved its case with regards the former convictions and that the defendant could be sentenced as though this was his first offense. If so, the range of punishment was up to 3 ½ years in prison.
Tulsa criminal defense attorney Stephen Cale has handled a wide range of jury trials throughout his nearly 20 years has been a lawyer. You need an aggressive attorney if you’ve been charged with a crime. Often times attorney Cale gets charges dismissed before they go to trial. But, if the matter has to go to trial, he will represent his clients aggressively.
At the Cale law office, Attorney Cale will get started on your case right away. You’ll dig into the facts of the case look for evidence that the state may have against his client. Also full of look for any loopholes they may help get the case dismissed. Finally, pretrial motions are on the way that Tulsa criminal defense attorney Stephen Cale works to get charges dismissed against his client.
Criminal charges can carry hefty penalties such as jail, prison, and large fines. Your reputation your freedom are at stake. That’s why you want to hire an aggressive and experienced Tulsa criminal defense attorney like Stephen Cale. Call the Cale law office at 918-277-4800 schedule your free initial consultation today.
This content was written for Cale Law Office
When things that criminal defense attorney mysterious be proficient in reading statutes. It’s a general of statutory construction that when to statutes which is the same subject matter, both provisions are to be given effect if such effect would not defeat the intent of the legislature. Statutes must be interpreted to produce the original result and to promote, rather than defeat, the general purpose, and policy of the law.
When dealing with the range punishment to be considered an attempt a crime enhanced pursuant to section 51 of title 21, the trial court pay attention to three specific statutes. First, the trial court must establish the range punishment for the completed offenses under this charge statute. Then that senses basically have. Then, the proper range punishment is determined under provisions of section 51.
Defendant does not have any investor right to have a particular juror out of the jury panel. His right is that of objection rather than of selection. The trial court’s or as a juror is unqualified, excuse a juror upon a challenge of one of the parties or upon the court’s own mission motion without challenge. Whether not a jurors excuse rests in the sound discretion the trial court unless that discretion is abused. All doubts about jury impartiality in a criminal case must be resolved in favor of the accused. However, the jury cannot impartially decide killed violates his oath and his proper challenge for cause.
Tulsa criminal defense attorney Stephen Cale said that jury selection is one of the most important phases of a jury trial. On one hand, you want to get a juror who will be impartial. On the other hand, it’s even more important to select a juror who may be sympathetic to your client to your case, attorney Cale said.
Attorney Stephen Cale strategize is on the best possible defense throughout the course of the case. This is a team effort between attorney Cale and his client. In whatever stage of the case, Attorney Cale will aggressively represent his client.
It doesn’t matter what the charge is. Attorney Stephen Cale has handled minor misdemeanors and serious felonies, such as murder. Attorney Cale will provide exceptional legal service to his client.
Even people from out of state rely on attorney Cale for his services. If someone from out of state is been charged in Oklahoma, many people turn to Stephen Cale to represent them. While his practice focuses mainly in Tulsa County, he practices also in several other counties surrounding Tulsa, including Rogers County, Muskogee County, Wagoner County, Creek County, and Okmulgee County.
Give the Cale law office a call right now 918-277-4800 to schedule your free initial consultation. Don’t delay. Attorney Cale has nearly 2 decades of experience representing people with legal needs. Not only does attorney Cale have many years of experience, is also dedicated to criminal defense. Experience of a focused area matters it is best for the client. Don’t hesitate to give Cale law office a call.