Tulsa Criminal Defense Attorney | Cocaine Distribution Lawyer | Cale Law Office
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If you’ve been charged with a drug crime, you need aggressive legal representation. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. Your initial consultation is free. Attorney Stephen Cale focuses his practice on criminal defense. He has nearly two decades of experience.

Prosecutors charged the defendant with conspiracy to possess cocaine with intent to distribute. A jury convicted him and sentenced him to seven years in prison. Here are the facts of the case. A Sheriff’s deputy and an informant were working together concerning drug crimes. The deputy was to keep surveillance and informant it was to purchase narcotics and drugs from people in the county. The deputy attached a recording device tell telephone in the informant’s residence.

The informant then made phone calls to the defendant one of the codefendants in the case. The same procedure was followed on the second day. Jurors heard these recordings over the objection of the defendant. The continent conversations were disclosed that the defendant frequently Delta narcotics and drugs and obtained them from a supplier in Tulsa. Evidence for the revealed that the defendant agreed to examine the shipment of marijuana. The quality was good hereby the future day.

Couple months later, Swan delivered 100 pounds of marijuana to his home. The defendant examines the marijuana, smoked one sample, and then told of the parties are present to take half of the marijuana into the home. Later that evening, officers executed a search warrant on the house. The judge who issued the warrant was a resident of different County. At the preliminary hearing, the defendant contended that the judge was properly appointed. Therefore he had no authority to issue the search warrant

Defendant tries to disqualify the judge. The accident defective judge of the same status as the accident is your judge. Therefore, the defendant’s argument was up merit. Crucial strictly construed the terms of the statute is applied for search warrants. The courts will not hold themselves to attend court instruction the statue that would defeat the ends of justice and permit the guilty to escape through technicalities. Were statute is to intent to protect a person’s immunity from unreasonable searches and seizures the court will not give technical construction.

The U. S. Supreme Court has indicated on numerous occasions that the state legislature has broad discretion in determining what it will constitute a crime and will punishment should be imposed. The court has said nothing the record shows that a particular penalty for the crime were proportionate senses for separate and independent crimes. The classification of criminal offenses must be reasonably related to the object of the legislature. The Oklahoma Court of Criminal Appeals will not interfere with legislative discretion unless the sentence imposed is clearly manifestly cruel and unreasonable.

In another case, a man but some property there is leasing to him. A former police officer was building a power line on the property notice suspicious activity at the site. He notified agents, who then began surveillance on the site. As a result of their observations, the agents obtain a search warrant for the property. During the course of their search, the defendant found an amphetamine lab. The judge issued an arrest warrant for the defendant. He was arrested two months later.

The sheriff informed the defendant’s rights pursuant to Miranda vs. Arizona. The defendant indicated he understood his rights in the form the sheriff that he would not speak until he had an attorney. Officers then transported the defendant backed Oklahoma and supplied with an application for a court-appointed attorney. The defendant began sending it the sheriff indicated that he wished to have a conference with the sheriff in the district attorney. This is the DA informed the defendant’s constitutional rights. The defendant has only waived them.

Tulsa criminal defense attorney Stephen Cale said they should never talk to police. The police are asking you questions because they want to try to arrest you. Talking to police cannot help you. If you are adamant about talking to the police, wait until after you have consulted an attorney. Always demand to have an attorney before talking to law enforcement.

On appeal, the defendant argued that the trial court should have sustained his motion to suppress evidence gained under the search warrant. He contended that the search violated his rights under the Oklahoma Constitution. The appellate court first looks to see whether the defendant had standing to contest the constitutionality of the search. To establish standing, the defendant must show that he exhibited an actual expectation of privacy in the property search. Secondly must show that this expectation is objectively reasonable. At trial, the judge determined that the defendant had standing on the merits of his most suppress. The fact that the defendant had entered into a lease-purchase agreement on the land searched, there is no reason to disagree with the trial court. Or defendant has a clear possessory interest in the land search, his standing to object to the constitutionality of the search.

If you’ve been charged with a drug crime, you need to call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. The Cale Law Office focuses on criminal defense. Attorney Stephen Cale has nearly two decades of experience. He’s handled numerous jury trials. Attorney Cale will get started your case right away.

When the first things that attorney Cale does is look at the charge to see whether not as valid. Sometimes he can get a case dismissed because the DAs office is not properly filed the charge. He has had success in this area. Next, he will file a discovery motion to see what evidence the state has against his client. Filing this motion also forces the state to produce favorable evidence for the client. Through this motion, attorney Cale can work to get a case dismissed.

In felony cases, attorney Cale will work on the preliminary hearing. The purpose of the preliminary hearing is to determine two things. The First is to determine whether not there sufficient evidence that a crime was committed. Secondly, a judge will determine whether not there is reasonable suspicion that the defendant committed the crime. The burden of proof is lower than that for a jury. It does not determine guilt or innocence.