Best Tulsa Criminal Defense Attorney Fighting to Win
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Tulsa criminal defense attorney Stephen Cale’s the one to hire for aggressive representation. Call the Cale Law Office at 918-277-4800 to schedule your free initial consultation. Attorney Cale has nearly two decades of experience in the legal field. His practice focuses on criminal defense.
After a person is arrested, he will be booked into jail. At that time a bond amount is already set. There are standard bonds for certain crimes. The next thing a person should do is try to get out of jail by posting bond. Call a friend or family member to see if they can come up with the money for the bond. Typically them outcome up to his 10 percent of the bail amount. So for example, if bail is $5,000, and the premium for the bond is $500. After the bond has been posted, the person will be processed out. Unfortunately, this can take consider about of time.
If you, your friends or family haven’t done so already, the next they want to do is call Tulsa criminal defense attorney Stephen Cale. Stephen Cale is an aggressive fighter in the courtroom. Call the Cale law office at 918-277-4800 to schedule your free initial consultation.
Attorney Stephen Cale always looks for a way to try to get a charge dismissed. He has successfully done so many cases. Attorney Cale is someone that you want in your corner if you’ve been arrested. He will work hard to try to get the best possible result in your case. Take a look at the testimonials of other clients.
It’s against the law to arrest a person under false pretenses of authority, said Tulsa criminal defense attorney Stephen Cale. Any public officer or person pretending to be a public officer arrested a person or detained him against his will the pretense of law is guilty of a misdemeanor. This time the crime happens often.
A couple sued the Department of Public Safety for false arrest. Department employees arrested complaints about failing to obey a lawful order. The plan contends that the order was never given or, it was unlawful. Troopers admitted that the couple and not committed defense in the presence. However, the troopers word them to leave. Despite fact that it was not involved in an argument between the two. Law provides that when officers arresting a person without a warrant, the officer misinformed him of his authority because of the rest.
The evidence revealed that several officers went to the apartment. The occupant of a man. The officer searches the apartment and sees a marijuana. This evidence was admitted at trial over the defendant’s objection.
Although the occupant was a lot of time the search, police interrogated her. Testimony concerning the search of the apartment, discovering a marijuana, and several pictures of the apartment were admitted. The pendant was a 90 college student working part-time. He returned home from work and was told by his father that the place wants to talk to him. The defendant went to the PlayStation. There identified himself was arrested. Police also search to be taken into custody.
The warrant of arrest was served the defendant was not told the exact charge on he learned that concern the marijuana found in the apartment. Please let the team phone his father. The defendant was interrogated several times and Helen jail without an attorney for two days.
The primary issue revolves around the legality of the arrest. He with an officer may arrest without a warrant for a felony not committed in his presence under specific circumstances, is no authority to arrest without a warrant for a misdemeanor not committed the presence of the officer. The Oakland Court of Criminal Appeals has long held that without a lawful warrant, the officer may not arrest for a misdemeanor committed also the officer’s presence. Such an arrest is illegal.
These officers were really a budget dumbasses. This is just another example of why you should never talk to police. If you’ve been arrested, it’s important that you talk to an attorney right away. You might even be a sue the officers for false arrest.
The Oklahoma Court of Criminal Appeals found that the officers violated the constitutional requirement that will warrant be issued by an impartial judge after hearing evidence or probable cause. Evidently, the officer’s complaints cannot be considered a lawful warrant to arrest it was not signed by a judge. Additionally, the use of a stamp signature without the express direction consent the judge after hearing evidence or public cause renders the instrument knowledge void. Consequently, the rest is not lawful.
However, an illegal arrest does not per se defeat the jurisdiction the court to try the defendant. Despite the role as to jurisdiction, the fruits of an illegal arrest may not be admitted into evidence inform the evidence upon which to convictions base. The defense conviction may not be based on the exploitation of the illegal activities of the state.
Tulsa criminal defense lawyer Stephen Cale said as a fundamental principle of federal constitutional law the evidence obtained by illegal conduct of the police cannot be used convicted defendant. This is because it is a fruit of the poisonous tree. Additionally, the United States Supreme Court is held that when a confession is induced by illegally seized evidence, the confession subject to the exclusion as fruits of the poisonous tree. Even a confession that is otherwise voluntary must be excluded if the result of the prior inadmissible confession.
In the case at hand, the defendant’s arrest was illegal. Additionally, he pleases to not a measly taken before the judge for the mission to bail. This is required by law. The defendant must be taken before the judge without unnecessary delay. Consequently, policemen an illegal arrest and how the defendant custody illegally.
But not all illegal arrest render confessions and immiscible if they are later obtained. If confession is been purged of the primary the legality but time in other circumstances it may be amended. The rule that evidence obtained illegally must be excluded is premised on the concept that there are legally bound by the law, including public officials.