The Role Of A Criminal Defense Attorney
Criminal law covers a wide variety of topics including:
- Statutory Crimes: This includes rape and other sex crimes; homicides such as murder, manslaughter, and negligent homicide; drug crimes; assault and battery; DUI; and property crimes, such as larceny and burglary, just to name a few.
- Quasi-Criminal Actions: An example of this is a victim’s protective order (VPO). “Quasi” means seemingly or apparently, but not really. VPO law is located in Oklahoma’s criminal procedure section of the state statutes. But, there are also civil procedure aspects that apply to VPO proceedings.
- Criminal Law-Related: An example of this is civil asset forfeiture. This is where the government (e.g., DA’s office, sheriff’s office, police department, federal prosecutors, highway patrol, etc.) tries to take someone’s property, such money, vehicles or homes. Asset forfeiture is a civil proceeding but connected with an alleged crime, typically drug-related.
- Constitutional Law: Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to regulate commerce. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of a person without sufficient cause.
If you’ve been charged with a crime, are facing a victim’s protective order or a civil asset forfeiture action, you need the best criminal defense attorney Tulsa has to offer. Call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale has been practicing for nearly two decades. Plus, he has the right kind of experience because he focuses his practice on criminal defense.
The Need For A Criminal Defense Attorney
“He who represents himself has a fool for a client.” – Abraham Lincoln
Criminal law is complicated. Plus, it’s ever-changing Each year, the state or federal legislatures will create new criminal laws or modify existing ones. Also, state and federal courts, such as the Oklahoma Court of Criminal Appeals or the United States Supreme Court, issue opinions concerning the law every year. While you certainly have the right to represent yourself, it’s not wise. The best criminal defense attorney Tulsa has to offer will stay abreast of changes in the law. That’s why it’s important to hire an attorney who focuses his practice on criminal defense. Are you or someone you know facing a criminal matter? Then call attorney Stephen Cale of the Cale Law Office at 918-277-4800 to schedule your free initial consultation. See what satisfied clients have to set by going to CaleLawOffice.com/testimonials.
The Role Of A Criminal Defense Attorney
Specialized Guidance: Because the average person does not have a good understanding of the criminal justice process, it’s always wise to work with a criminal defense attorney. Criminal defense attorneys assist clients as the case moves through the criminal justice process, from pretrial to the conclusion of the trial proceedings, and sometimes, appeals.
Protection: In some cases, when a client suspects that they might be charged with a crime, a client will make the decision to hire a criminal defense attorney before they’ve even been charged or arrested. If you’ve been involved in a criminal incident and have suspicions that you might need a lawyer, it’s best to hire the best criminal defense attorney Tulsa has to offer as soon as possible. The attorney will be able to guide you on how to proceed. The earlier an attorney is involved in the case, the more protection they can offer. This can include ensuring the person does not divulge any potentially incriminating information. See Top 10 Reasons Not To Talk To Police.
Aggressive Representation: If you’re facing a criminal matter, you need aggressive representation. After all, your life, reputation, liberty, and future are at stake. All the more reason that you need to hire the best criminal defense attorney Tulsa has to offer. Here are just a few of the defense strategies that attorney Stephen Cale uses:
- Motions to Dismiss: There are a variety of reasons the charge can be dismissed. They include: This can include:
- The prosecutor failed properly file the charge
- Prosecutorial misconduct.
- The facts stated in the charge to not constitute a crime
- Insufficient evidence
- The actions of the client are protected by the State or U.S. Constitutions.
- Discovery Motion: This is a motion that forces the prosecution to turn over evidence that it and/or law enforcement has in the case. This includes not only negative evidence, but evidence that is favorable to the client. The failure of the prosecution to turn over evidence, especially favorable evidence, can be grounds to dismiss the charge.
- Motion to Suppress Evidence: This asks the court to throw out evidence because it was illegally obtained by law enforcement. typically, this concerns an unlawful arrest, failure of law enforcement to advise of Miranda rights, unlawful questioning of the client, or an illegal search or seizure.
- Charge Reduction: This can involve getting a charge reduced from a felony to a misdemeanor. Or, it may mean getting a charge reduced to a less serious charge – one that has less of an impact on the client.
- Plea Negotiation: Sometimes it’s better for a client to plea to a charge. With aggressive plea negotiation, a client may spend less time in jail or prison than if he or she were found guilty at trial. A plea deal could also involve probation, meaning no time in jail or prison. With a deferred sentence, the case will be dismissed and the charge expunged at the end of the probation term. A client does not have to accept a plea offer.
- Trial: A defendant is entitled to a jury trial. For misdemeanors, the jury will comprise of six persons. For felonies, a jury consists of 12 persons. If both the prosecution and the defendant agree, the matter can be tried before a judge alone. This is referred to as a bench trial. There may be some strategic advantages to trying the matter to a judge only. Whether not this should be done depends on the facts of the case, the desire of the client, and strategic considerations. If you are going to trial, you need the best criminal defense attorney Tulsa has to offer. Attorney Stephen Cale has handled numerous jury trials, including murder, sex crimes, robbery, and property crimes, just to name a few.
- Motion for New Trial: Sometimes a judge or jury doesn’t get it right. In certain circumstances set out in the statutes, a defendant may have a right to have a new trial.
- Appeals: Again, sometimes a judge or jury doesn’t get it right. In this instance, a client may decide to appeal. An appeal is not a retrial of the matter. Instead, it addresses errors that a judge or jury made in the case. This is done by submitting legal briefs and the “record” in the case to the appellate court. The record consists of things such as pleadings and motions filed in the case, rulings made by the court, jury instructions, and a transcript of hearings and trial in the case. Because appeals are accomplished by written legal briefs, it’s important to have a criminal defense attorney skilled at writing well. Attorney Stephen Cale is a former award-winning journalist. Judges have praised him on his legal writing skills.
Working With Cale Law Office
Cale Law Office is dedicated to the practice of criminal defense. It’s mission is to achieve the best possible results for clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards. If you or someone you know has been charged with a crime or is looking for an attorney for an appeal, call the Cale Law Office at 918-277-4800.