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Tulsa Criminal Defense Attorney | Superb Representation | Cale Law Office

There are a lot of attorneys to choose from. But if you’ve been charged with a crime, there’s only one choice. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. Your initial consultation with the Cale law office is free. Attorney Cale also had to down with you and develop a defense strategy plan document. This will help guide you through the course of your case.

Early one morning, the defendant entered a laundromat where he was having some close washed. He to disclose to the car and then reentered the laundromat. While there, he pointed got a girl in order to her to the back room. While there, he made her perform an oral sex act.

After this occurred, he stabbed the victim in the neck and abdomen. The defendant walked out of the room when he heard some commotion the front of the laundromat. He pointed his gun at her, want her to get into his truck. He said he would take her to the hospital. As she walked by the cash register, she noticed that the drawer was empty and her billfold was missing.

The defendant forced the woman into his trunk. He drove around for several hours and never took her to the hospital. At one time he stopped of the convenience store. After several more hours, someone opened up the trunk. The woman saw a Missouri state trooper, who took her to the hospital. The disc attorney’s office charges the defendant with several crimes including assault battery with intent to kill, attempted first-degree rape, forcible sodomy, robbery with a firearm, and kidnapping.

On appeal, the defendant argued that the trial court should have suppressed a statement that he made to Missouri law enforcement officers. The facts showed that officers read the defendant’s parental rights when he was arrested. This occurred before officers question him, he understood that he did not have to talk to them. Tulsa criminal defense attorney Stephen Cale says that you should never talk to police.

Officers read the defendant his Miranda rights again while at the patrol station. Additionally, the defendant read the rights of time from a piece of paper and indicated that he understood them. He did not indicate that you want to talk or that he wanted an attorney present. However, he did sign a waiver of rights form. Officers Miranda rights to the defendant again at the jail.

The defendant decides they did not need to talk to an attorney. He said that he would talk to a deputy. After a few minutes of questioning, the defendant confessed to committing the crimes. When an accused person has been fully advised of his constitutional rights and appears that he has understood those rights the court will assume that any incriminating statements he makes afterward constitute a waiver. The law does not require an explicit statement of waiver, said Tulsa criminal defense attorney Stephen Cale.

Because the defendant was advised of his rights and he waived them, the court properly admitted his statements. The Oklahoma Court of Criminal Appeals will not disturb the trial court’s ruling permitting the introduction of the confession is supported by sufficient evidence that the defendant knowingly and intelligently waived his rights. The defendant must also understand the consequences of his waiver. If a person wants to talk to officers, he should have an attorney present with him.

The defendant also argued on appeal that the trial court mistakenly admitted a document showing that he had a previous conviction. The trial court allowed into evidence a certified copy of the judgment sentence from another state. It reflected that the defendant is convicted after pleading guilty to a charge of indecency. The prosecution may prove the defendants prior conviction by introducing a certified copy of the judgment and sentence. The judge carefully redacted any information that the jury was not supposed to see.

The defendant further argued that the DA did not prove that his conviction was final. The Oklahoma Court of Criminal Appeals is held that when the state makes a prima facie showing of prior convictions, the defendant has the burden of showing defects in a judicial sentence. In this case, the defendant did not present any evidence to show that the sentence was not final. Therefore, the appellate court rejected this argument.

For his next argument, the defendant asserted that the trial court should not have overruled his motion for directed verdict. Tulsa criminal defense attorney Stephen Cale said that this is a request that the judge enters a not guilty verdict after hearing all the evidence. The defendant claimed that was not enough evidence as a matter of law to convict him. After reviewing the evidence, the appellate court concluded that his argument was without merit. Whether is competent evidence that reasonably supports the criminal charge, the trial court should not sustain a demurrer.

The appellate court then examined the definition of attempt within the statutes. A person can attempt to do a crime when he purposely engages in conduct which would constitute a crime if the circumstances were is a believe it to be. An attempt can also occur when causing a particular result in the element of the crime almost occurs. Often times an attempt a crime aspires the same as a completed crime.

The appellate court is law interpreted the statute as requiring three elements. First, the must be an intent to commit the crime. Secondly, the defendant must perform some act towards its commission. This is commonly called some overt act. Lastly, the defendant must fail to complete or consummate the crime. The overt act must be more than mere preparation or planning the crime.

No matter what crime you’ve been charged with, you need to call the Cale law office at 918-277-4800 attorney Cale will get started your case right away. He will first examine whether not the charge can be dismissed. This is something that he tries to do without you having to go to trial.