Best Tulsa Criminal Defense Attorney | Remarkable Work
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If you’ve been charged with a crime, you want someone who is experiencing criminal defense. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800 to schedule your free initial consultation. Attorney Cale has nearly two decades of experience. His focus is on criminal defense. Call the Cale law office right away.
A jury convicted the defendant negligent homicide in instructing an officer. The judge sentenced him to one year in jail. What happened was the defendant backed up his pickup truck over a four-year-old boy, killing him. The whole thing was an accident, that he was arrested anyway. On appeal, he argued that was insufficient evidence to sustain a conviction.
In order to be convicted of negligent homicide, the test must have incurred as a proximate result of the fence use of the vehicle reckless disregard of safety for others. Reckless disregard is the same as a complement with negligence. This is been defined as they lack ordinary care and caution in the performance of an act usually and ordinarily exercised by a person under similar circumstances and conditions. The defendant testified that he been warned many times not to allow family on the property.
Secondly, the defendant argued on appeal that there is insufficient evidence to convict him of obstructing an officer. A person can be charged with obstruction even if he doesn’t use physical force against an officer. In this case, the defendant was charged with obstruction because when the first place arrived, the defendant gave a false statement to them. Police discovered the truth only because of their suspicions when the defendant story to match his wives. Both of them stayed where the accident occurred. However, each of them claimed to be the driver.
On appeal, the defendant admitted that giving a false statement to police impeded the investigation. If any rational trier of fact could have found the elements of the crime be unoriginal doubt, the court will not reverse the conviction for insufficiency of evidence. The facts of this case clearly showed that the defendant obstructing the officer. Tulsa criminal defense attorney Stephen Cale has successfully had charges of obstruction dismissed or his clients. Call the Cale law office at 918-277-4800 to schedule your free initial consultation.
Lastly, the defendant argued that the prosecution made improper comments and denied him a fair trial. The appellate court noted that the majority of these proprieties were objected to by defense counsel. Additionally, the judge instructed the jury to disregard the comments was necessary. The judge motions the jury, the statements or to cure such defects. The detective is cured unless have considered all the evidence, the error is of such a nature that appears to determine the verdict.
Further, the defendant argued that the prosecution’s closing arguments were so prejudicial that occasion is reversed. The Oklahoma Court of Criminal Appeals has made it very clear that Raymond directed solely at invoking the passions the jury will not be tolerated, said Tulsa criminal defense attorney Stephen Cale. However, closing argument is open to some liberal freedom of speech and a wide range of discussion. Based on the entire record, the appellate court cannot find any level of gross impropriety the prosecution’s closing argument the required reversal. Additionally, the trial court judge probably admonished the jury in cured any error.
There are many ways to obstructing an officer from the physical force. However, one justice dissented as to the negligent homicide conviction. He believed that the prosecutor statements so prejudice the defendant that they warranted a new trial. That tended to inflame the passions of the jury by her continuous efforts to introduce the body clothing of the four-year-old victim. Her comments about remorse shown by the defendant and her statements as to future reckless conduct by him were so inflammatory. Even though the judge admonished the jury, clearly the jury may decide based on emotion.
Tulsa criminal defense attorney Stephen Cale has nearly 20 years of practice is an attorney. He focuses on criminal defense and civil asset forfeiture. Attorney Cale is an experienced trial lawyer. He has handled numerous jury trials including defendants have been charged with murder. If you’re looking for a fighter, attorney Cale is the one to call on.
The trooper did arrest of the defendant for driving under the influence. Trooper asked the defendant if she could try. The defendant replied that she cannot because she did not know how to drive back to the car. The defendant asked if she could call somebody else to drive the car. However, the trooper denied the request. The defendant became angry and repeatedly asked if somebody else can drive the car.
The trooper placed the defendant under arrest. As he attempted to the handcuffs on her, she struggled with him. After the trooper placed her in his car, she repeatedly tries to get how the vehicle. At one point her body became stiff and she refused to enter into the patrol car. As a consequence, the trooper radioed for help to get the woman into the car.
On appeal, the defendant argued that words alone are not sufficient to support a charge obstructing an officer. Previous case law has provided there is no requirement that the defendant uses physical force against officer before he may be charged with violating state statute. Physical force is only one way to obstructing an officer. Words alone will be sufficient to support a conviction for obstructing an officer. Based on the facts of the totality of the circumstances, the Oklahoma Court of Criminal Appeals sustained the conviction.
If you’ve been charged with obstructing an officer, call the Cale law office at 918-277-4800 to schedule your free initial consultation. Attorney Cale has handled many of these cases. He’s been successful in getting some dismissed. He will work hard to get the best possible result for you. It’s important that you call him right away so you get started on your case by filing motions to get charges dismissed.