Best Tulsa Criminal Defense Attorney | Exceptional Work
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Serious crimes call for 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.
Tulsa criminal defense attorney Stephen Cale provides exceptional work for his clients. Get started on the case right away but trying to get it dismissed. Some of the tools that attorney Cale uses as a motion for discovery. This motion forces the state to turn over evidence that it has against the defendant. It also forces the DA to turn over evidence that might be favorable to the defendant.
By various pretrial motions, it’s possible for Tulsa criminal defense attorney Stephen Cale to get a case dismissed. This is a top priority for him. If the case does not get dismissed at the onset, he will try to get dismissed at preliminary hearing. The purpose of the preliminary hearing is to determine whether not a crime was committed and whether the defendant committed the crime.
At the conclusion of the preliminary hearing, Tulsa criminal defense attorney Stephen Cale last the judge to dismiss the charge. If the judge did not dismiss charged that point, for the true Cale will file a formal written request for dismissal. Attached to this request will be a transcript of the preliminary hearing. This from this and case law, the judge can determine whether not he should actually dismiss the case.
If the judge finds that there is sufficient evidence in the light most verbal to the state, the defendant will be bound over for trial. This simply means that there is sufficient evidence for the case to go to the next level. The judge does not determine guilt or innocence. When the defendant is bound over, there is a second arraignment. At this point, the defendant completes guilty or not guilty.
If the defendant pleads not guilty, the matter will be set for a jury trial disposition docket. At this docket, the matter will be set for a plea, or reschedule for a jury trial. If the case will proceed to trial, the next step is to again file various motions. This can include a motion to exclude certain evidence. Tulsa criminal defense lawyer Stephen Cale tries to get all negative evidence thrown out in order to help’s client.
For Cheryl defendant lived with his grandmother in Tulsa. Others living in the same house were a brother, sister, and a cousin who is a victim. Is a disagreement between the three concerning a money debt. This turned into a physical fight. The sister book up the flight at one time. Then the cousin went to the bedroom over to the gun. He supposedly did this to hide it from the victim.
The victim followed the cousin to the bedroom and resume the fight. The cousin lost the gun. The victim was in the top of the cousin, choking him. The defendant tries to push the victim off, the first Messiah. The defendant fell again and shot the victim three times. There was one shot in the back and another in the mouth. The victim continued to struggle with a cousin but crawled away shortly thereafter. An analyst at the victim to a hospital where the victim later died.
Police arrested the defendant and charged him with first-degree manslaughter. In a nonjury trial, the defendant faces defense of justifiable homicide and that he was protecting his brother. The trial court determined that the defendant did not fall within the statutory instead, the court determined that the state prove the unoriginal doubt all elements of first-degree manslaughter.
On appeal, the defendant contended that the homicide the case was excusable is justified pursuant to state statute. He argued that there are places in the land words excusable justifiable for the man to defend his brother has for a brother to defend himself. He asserted that this principle codified in the state statutes. The prosecution responded the homicide was not excusable justified under the law. They said that because force was used by the defendant was excessive to prevent a public offense.
The state legislature has limited the application of justifiable or excusable homicide by statute. Thanks, this case of that the defendant cannot claim homicide was in the justifiable or excusable under the statutory law. The issue is whether the defendant claimed a defense of self-defense of another. The Oklahoma Court of Criminal Appeals analyzes the issue within the self-defense format.
Because the issue is not raised that the trial court level, the appellate court reviewed the case under the plain error standard. The court first looks at the definition of first-degree manslaughter. This is a homicide that is perpetrated without the intent to effect death. Is done in the heat of passion. However, it’s done the cruel and unusual manner. It can also be done by means of a dangerous weapon. However, excusable justifiable homicide would render the statute invalid.
Justifiable homicide is a homicide that is committed in the lawful defense of a person. This person can be a husband, wife, parent, child, employer, or employee. When there is reasonable ground to apprehended designed to commit a felony he just and do it. The court is not been willing to amend the statute by expanding the class relations that a person may defend. That is not within the jurisdiction of the appellate court. The legislature’s presumed to have never done a vain thing. So if they wanted a certain person they could use the defense, that was stated so.
If you’re looking for someone to defend you and your criminal case if doing for someone to defend in your criminal case, call Tulsa criminal defense lawyer Stephen Cale. Call the Cale law office at 918-277-4800. Attorney Cale is an aggressive legal defender. He will get started on your case immediately. The sooner you give him a call, the better. Do not delay.