Best Tulsa Criminal Defense Attorney | Ideal Choice
This content was written for Cale Law Office
If you’ve been charged with a crime, you need aggressive legal representation. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. Schedule your free initial consultation with the Cale law office. Attorney Cale also develops a free defense strategy plan document.
A jury convicted the defendant of first-degree murder. The victim wasn’t a young child. The defendant through the child against the wall, causing brain damage. He was the mother’s live-in boyfriend.
The mother was asleep in the bedroom when the incident happened. A child never regained consciousness and died later that morning. The day before the child was killed, two men drink beer most of the day. He got drunk and started watching TV while eating snacks.
The girlfriend insisted that the two were too drunk to be driving and had somebody else drive-in. The plan was to stay overnight another person’s house. However, these plans changed when a guy made advances toward her. The woman called a cab to take her home. Defendant got mad about this and took a steel pipe from his car.
Tulsa criminal defense attorney Stephen Cale has handled some of the most serious crimes, including charges of murder. He has nearly 20 years of experience and focuses his practice on criminal defense. He has conducted numerous jury trials. Sometimes he gets charges dismissed before trial.
The state did not originally seek the death penalty in this case. However, it later filed what is called a bill of particulars. The matter was set for preliminary hearing. At the preliminary hearing, the judge will determine two things. First, he will decide whether not a crime was committed. Secondly, he will determine whether or not there is reasonable suspicion that the defendant committed the crime.
Preliminary hearing applies to felony cases only. Tulsa criminal defense attorney Stephen Cale said that a preliminary hearing is an excellent way to see how the evidence of the state shapes up. He’s able to observe how potential witnesses will testify. At the conclusion of the hearing, he asked the court to dismiss the case. If the court does not do so, he will file a formal, written motion to dismiss.
The formal request for dismissal is intensive. Attorney Cale scours over the preliminary hearing transcript. Then he will write a brief with supporting case law to demonstrate that the case must be dismissed. This is just one the ways that attorney Cale provides excellent service for his clients. He realizes that their liberty is at stake. So he fights hard for them.
The trial court granted the defense request for a competency evaluation. It held a post-examination, a hearing in accordance with law. The defendant argued on appeal that he was held to an unconstitutional standard of proving his lack of competency by clear and convincing evidence. Evidence at the hearing consisted of the parties stipulation that the psychologist testified that the defendant was competent to stand trial. A psychologist reported to the court that the defendant was able to explain the allegations against him. He also testified that he voiced a favorable opinion toward his attorney and have an average courtroom knowledge. Further, had no strange perceptions or belief regarding the legal process.
The psychologist concluded that despite the defendant’s history of head injuries and drug use, he was able to work as an attorney in a rational matter. The only evidence supporting a lack of competency came from statements of the defendant’s attorney to the fact that he did not believe that his client can help adequately. However, the Attorney General fax for this opinion.
However, the Court of Criminal Appeals held that the defendant gave testimony using the improper standard of proof. Because he waived his right to jury trial on the hearing, the high court reviews the record used in the proper standard of proof. The proper standard of proof for competency his preponderance of the evidence. Based on the record, the appellate court held that the defendant was competent to stand trial.
Next, the defendant raised issues concerning the defense of voluntary intoxication. At trial, the defendant requested an instruction on voluntary intoxication this defense applies only to specific intent crimes, not to generalize to crimes. Previous case law held that murder of a child was a general intent crime. Because of that, the defendant’s defense of voluntary intoxication did not apply.
When the state statutes to find a crime of specific intent, it usually includes the words with intent to followed by some other act. On the other hand, when the law defines crimes of general intent, this word is missing. This is a role statutory construction. The defendant did not cite any cases that suggested that intoxication is a defense on general intent crimes. The evidence did not prove that the defendant willfully or maliciously injured the child.
Anyone who has been charged with injuring a child must call the Cale Law Office at 918-277-4800 right away. Attorney Stephen Cale has been practicing for nearly two decades. Attorney Cale’s first concern is getting the charge dismissed, he will do this by filing various motions. If the client does not want to go to a jury trial, that he will negotiate the best possible deal. Many times this involves keeping a client out of jail and being on probation instead.
You will get high-quality service with the Cale law office of Tulsa. It is centrally located in downtown next to the courthouse. Attorney Cale’s practice focuses on criminal defense. He’s the type of attorney that you need. So, don’t hesitate to give him a call.
There are so many attorneys out there to choose from. But attorney Cale is the right choice. He takes his clients cases seriously and works hard for them.
The jury found the defendant guilty but was unable to agree upon the penalty. When this happens a judge will decide what punishment impose. Here’s an example of what constitutes an assault. It’s warrantless up his cane or his fist in a threatening manner and another. This can also happen if the person raises a stick and strikes at him but misses.