This content was written for Cale Law Office
If you’ve been charged with a crime, you want a Tulsa criminal defense attorney who is willing to fight for you. Call the Cale law office at 918-277-4800 to schedule your free initial consultation. You’ll also get a free defense strategy plan to take with you. This is a custom-made plan specifically tailored to your case.
The defendant was charged with discharging a weapon while using the vehicle. He appeared for a pre-preliminary hearing preliminary hearing as well as his right to be arraigned within 30 days. Have a district court arraignment the defendant pled not guilty of counsel’s case was set for jury trial. Before trial, he filed a motion to dismiss was in of discovery materials did not support the elements of the offense. A hearing on the motion, the defense counsel did not present any witnesses or evidence but argued that the biscuit report showed that no bullet holes were found in the residence, and that only blowholes were found were those in a detached garage. The argument was that the attached garage as a part of the dwelling within the meaning of the statute.
The state agreed that the garage was detached not part of the dwelling. However, the state argued that the defense did not properly reference all the discovery materials the report by the Sheriff’s department statements by the homeowner and others the home at the time of the shooting showed that the defendant told surrounds the house and that the defendant confessed to shooting at the residence. The state argued that enough evidence to produce showing that the shots up and fired at the house and that the garage should be centered jury for resolution of a factual dispute. The trial court disagreed find that the evidence for close to the prosecution for full loosely discharging a firearm into a dwelling dismissed one of the counts. The state appealed
on review, the Oklahoma Court of Criminal Appeals reversed the trial court’s decision, said Tulsa criminal defense attorney Stephen Cale statutes allow a defendant to file a motion to quash for insufficient evidence of a felony case at preliminary hearing. The defendant must establish beyond the pace of the charge that there is insufficient evidence to prove anyone the necessary elements of the offense for which the defendant is charged. The court has held that a preliminary hearing transcript is required for perfection of the motion to quash for insufficient evidence in the District Court. In one case a preliminary hearing was held no transcript of the proceedings was made. After the case was set for trial, the defendant filed a motion to quash for insufficient evidence, and asked for a hearing. The district refused the defendant following a probe petition. The appellate court found that the proper procedure for most cost for insufficient evidence required that the preliminary hearing transcript be present court. The Oklahoma Court of Criminal Appeals reason that while the defendant failed to take evidence of his right to have a preliminary report transcribed, he was nothing to the district just make a decision.
So the present case by waiting preliminary hearing, the defendant had no evidence to present to the district court to support his burden of proving that the evidence was insufficient to prove anyone the necessary elements of the crime charge. Trial court rulings for to be pass on the evidence. Argument based upon discovery material does not constitute evidence.
Tulsa criminal defense attorney Stephen Cale said that this is one reason why he was never ways preliminary hearing. The purpose of a preliminary hearing is to determine whether not there is sufficient evidence that a crime was committed and whether there is probable cause to believe that the defendant committed the crime. It’s a good way to see what can evidence the state might have. It’s also a good way to see how witnesses may testify. Another good use of preliminary hearing is to attack the lack of evidence to support a charge.
Often times Tulsa criminal defense attorney Stephen Cale will file a motion to dismiss. It’s when the first lines of attack and getting a charge dismissed on behalf of the defendant. A motion to dismiss can be based on the charge itself, or lack of sufficient evidence. A motion to dismiss can also be based when the state is in fall the rules and is depriving defendant of fair process.
That’s why it’s important that you hire an attorney has many years of criminal defense experience. Attorney Stephen Cale has nearly 2 decades of experience as a lawyer. He focuses solely on criminal defense and civil asset forfeiture. Civil asset forfeiture is often times connected to the alleged drug crime.
The problem with hiring attorney who practices in multiple areas of law is that they can be spread too thin. There’s too much at stake we been charged with a crime. So it’s important that you hire an attorney who focuses on criminal defense. Focus allows an attorney to develop an expertise. They come attorney will be well-versed in criminal law. There’s too much at stake. Your reputation in your life are on the line.
One of things that you absolutely should not do is talk about your case except an attorney. Statements that you make to others can be used against you. Also you should never ever talk to police. The place not there to help you. The police are trying to make an arrest. They could be the same as he may will implicate you even if you’re totally innocent. Please do not care. Only want to do is make an arrest. That make a living at arresting people. So, why would you want to talk to them?
Police like to intimidate people. He will use intimidation tactics to meet you say something that you don’t really mean. All they care about is making an arrest. Police are allowed to lie. If you do not consent to search the online said that they were kill give the search warrant. Who cares pill. Tell them to go get a search warrant. Assert your rights. Stand up to the police. But you must do so politely. Hopefully the police will have body cams on them. This is an excellent way to show the court that you were in the right to the place where the wrong.