Tulsa Criminal Defense Attorney | Smart Choice | Cale Law Office
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If you’ve been charged with a crime, you’d be stupid not to call Tulsa criminal defense attorney Stephen Cale. Call the Cale Law Office at 918-277-4800. Attorney Cale has nearly 20 years of experience in the legal field. Your initial consultation is free.
The right to a preliminary hearing is very important. It’s so important that’s critical that you have an attorney. In one case, the defendant filed a motion for a sentence modification. In one case, there was a two-part trial. Following the jury finding the defendant guilty, the next stage was to determine his sentence. The defendant’s mother was called to the stand to talk about his treatment for mental health.
The prosecution objected to this evidence stating that it would be relevant to the alleged prior convictions but instead would just amount to sympathy for the defendant. The defendant argued that the information was relevant for sentencing. Outside the presence of the jury the defendant’s counsel stated that defense by the wood testified that he had at least ten hospitalizations for mental health conditions as a child. Additionally he received a Social Security payment because of his mental disability. She also believe that the defendant had multiple personalities. Initially she notice her son exhibiting some of his personality disorders prior to his arrest. She knew that he was abusing drugs the time. There were also medical records supporting this condition.
The trial court did not allow the jury to hear this evidence. On appeal, the defendant claimed that the he trial court made an error by refusing to allow this evidence in mitigation of his sentence. Interestingly, he said that this violated his right to equal protection of the law. The Oklahoma Court of Criminal Appeals agreed, said Tulsa criminal defense attorney Stephen Cale.
The appellate court said that any relevant evidence presented in mitigation of the sentence should be considered. The defendant has the opportunity for elocution. The term allocution means the courts inquiry as to whether did the defendant can show any legal cause why judgment should not be pronounced. It also means whether he wishes to make a statement on his own behalf or present information that would mitigate the sentence. Oklahoma state statutes provide for an opportunity for elocution when the defendant appears for sentencing.
Statutes also provide the defendant must be offered the opportunity to present evidence on his behalf before imposing a sentence. Whether it’s a judge or jury, the person or body impose the sentence has discretion to consider various factors related to both the offense and the offender. This ability glitz not only evidence related to the crime, but any relevant personal characteristics of the defendant which could be important for the determination of what the sentence should be. Therefore, any evidence presented at sentencing must be considered. However the decision whether not to modify or reject the jury’s recommendation is confined to the trial court judges discretion.
The defendant claimed that his right to equal protection of the laws is violated by his inability to present mitigating evidence during the second stage of his trial. He claimed that the right to present evidence of this sort is fundamental. The Oklahoma Court of Criminal Appeals disagreed, however.
Tulsa criminal defense attorney Stephen Cale said that in tough cases, it’s important that a jury has sympathy for the defendant. That’s why it’s important for the defendant or his family members and friends to supply information that may cast the client in a better light. Some of this information can include disabilities that the client has. It can also include in the mental health or physical health issues. The way and defendant was brought up as a child may also have an impact. Anything that the defendant has done by volunteering to help the community can also be helpful in lessening a sentence.
If you or someone you know has been charged with a crime, you need to call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. Attorney Cale will get started your case right away. He will look for any possible way to get the case against you dismissed. He will do this by filing various motions to get evidence thrown out or the charge dismissed because of legal defect.
The defendant deserves to have his day in court, to tell a story, and defend himself against the crimes has been charged with. In another case the girl disappeared from the Tulsa mall. Please were told of her disappearance the search was soon implemented. The situation received a lot of local media attention. He was even shown on national news. Please had few developments in the case until several years later when an inmate if the gel to please have information concerning the disappearance. He was one of several been including the defendant who raised dogs occasionally socialized with each other.
An informant stated that the defendant confessed to the killing of the girl. Please met up with his informant. The informant said that the defendant confessed to murdering the girl to strike after sexually assaulting her. According to the informant, the defendant said that he killed the girl I had a year they had several times.
The informant told police that the body the girl can be found in a rural area. Several days later, the girls remains were found in the field in the area that the informant described. This discovery was not made as a result of the informants information however, instead the landowner saw the human remains as he was scouting about the property. DNA analysis another friend think procedures made it possible to identify the girl.
Still, however, police got a search warrant for the defendants truck based on the informants information. The defendant was arrested for murder. At trial, the defendants alleged can confession was the only direct evidence linking the defendant to the offense. At first, the states theory of the case appeared to be that the facts related to the confession pointed to the defendant. However, upon cross-examination, defense counsel was able to attack the credibility of the informant. At some point, the informant took back parts of his confession claim that the police had supplied so the details sent to him.
This is just another reason why you need an attorney. Attorney Stephen Cale has excellent cross-examination. He can pick apart the states case and potential punch holes in it.