According to Oklahoma Criminal Law, a person commits murder in the first degree when that person illegally and with malice causes the death of another human being. Notice that a person does not have to "kill" another in the colloquial sense. One must only cause the death of another with malice. This distinction allows one to commit first-degree murder by severely injuring another person if that injury eventually leads to their death.
Likewise, one can commit first-degree murder if he or she unintentionally causes the death of another while committing certain unlawful and statutorily enumerated acts. For instance, a person can be charged with first-degree murder if she takes the life of a human being during the commission or attempted commission of an armed robbery.
The newly introduced Senate Bill would expand this list of acts by adding the manufacture or attempted manufacture of a controlled dangerous substance. This means that if Person A constructs a meth lab in order to manufacture meth, the lab blows up and that explosion accidentally kills Person B, Person A can be charged with murder in the first degree.
If passed and signed into law, this measure may allow prosecutors to push for stiffer sentences for those who put others in danger by getting involved with illegal drug manufacture and distribution. If you or someone you know has questions about a criminal case, contact our former Assistant District Attorneys to make sure you get the legal representation you need.
]]>The new law is pretty straightforward. The only qualification is that the party offering shelter must act in good faith. It exemplifies the strong Oklahoma tradition of helping others in need and further encourages good Samaritans to act without having to worry about legal repercussions.
The measure comes on the heals of a similar bill that was vetoed by Governor Fallin. That proposed law would have provided comparable civil immunity specifically for mobile home park operators. The Governor said she vetoed that bill because it treated a particular type of business owner different from others and from individuals and did little to encourage others to help when they are needed.
]]>To ensure the safety of our high school and college students it is vital that parents become involved and remind them of the consequences of drinking and driving as well as participating in recreational drug use. Many DUI clients tell us how little they actually drank when they received their DUI citation. It simply doesn't take much to put you over the legal limit and become a danger to yourself and others.
To be eligible to receive a DUI citation in the state of Oklahoma, your blood alcohol content (sometimes referred to as your "BAC") must only be a 0.08. This level is defined as illegal per se, which means that regardless of the circumstances, your actions are unequivocally illegal. Many factors can affect your BAC, including body weight and the total time period in which alcohol is consumed. To give you a rough example (not to be followed or experimented with) a typical male weighing 200 lbs. will pass a BAC of 0.08 by consuming 4 beers over the course of an hour.
An arrest for driving under the influence of alcohol or drugs can affect you the rest of your life. The fines, penalties and required classes can cost thousands of dollars. Multiple offenses can lead to the loss of driving privileges and jail time. And these are the minor consequences.
INNOCENT PEOPLE CAN DIE.
In short: DON'T DO IT.
PARENTS: BE INVOLED IN PROM AND GRADUATION PLANS.
FRIENDS OF STUDENTS: DON'T LET OTHERS DRINK AND DRIVE.
]]>What is the first thing to do? CALL A COMPETENT ATTORNEY. There are law firms all over the place. But there aren't many with 2 former assistant district attorneys on staff. Hiring a defense lawyer with first-hand experience in prosecution is extremely valuable. During their time at the District Attorney's office, Drew Nichols and Rebekah Taylor learned all of the behind-the-scenes information that other attorneys simply can't know.
The attorneys at Nichols Law Firm won't just roll over and call in a plea bargain. Your individual case will be analyzed and the weaknesses brought out. Although many people think a DUI charge is a fairly simple matter, there are many defenses available. For example, Oklahoma law says that in order to convict a person of driving under the influence, all the prosecutor needs to show is that after drinking, you were unable to drive your car safely or that your blood alcohol level exceeded a certain specific limit. However, if the DUI charge is challenged, the prosecutor is additionally burdened with proving the validity of the arrest, that the Breathalyzer was working properly and that the arresting officer was competent to use it.
Beyond this, there are several options when negotiating with the District Attorney. A former assistant district attorney knows how the prosecution thinks and will know what to say and what questions to ask.
If you or someone you know has been arrested and charged with a DUI, call the former prosecutors at Nichols Law Firm at 405-217-4118.
]]>THE NICHOLS LAW FIRM will be featured at the 11th Annual Annual American Institute of Architects Tour is this Saturday, April 14th from 12:00 until 6:00 pm! Tickets cost $12 if you purchase them before noon on Friday, April 13th and $15 at the door of any tour location. The American Institute of Architects is a national, professional organization with over 450 Oklahoma members and over 80,000 members nationwide that promotes and supports the architectural profession in individual communities.
Visitors will get the chance to view and explore historic buildings brought back to life as well as newer structures, some of which are still being completed. Tour sites include private residence, large and small corporate buildings and even Fire Station #6 located in Bricktown.
The Nichols Law Firm is located at 104 East Main Street. Now designed and constructed by the locally renowned Butzer Gardner Architecture Firm and Brent Swift Construction, the building dates back to the very early 1900's and was the first building constructed on Main Street in Norman. In 1912, the structure served as a drug store and pharmacy. During the University of Oklahoma football games, the scores and highlights would be transmitted via telegraph to the store for the Norman townspeople to crowd in and listen to.
It was later converted into a jewelry store. The owner constructed the vintage steel vault that remains in working order to this day. The building eventually fell into disrepair and was abandoned. Mr. Nichols was practicing law down the road and noticed the sad old building. He and his wife contacted the architect and thus began a great collaboration that led to the stunning structure evident today.
Rain or shine, the firm will be open to all tour participants to explore a part of Norman history brought back to life!
]]>· One of the nation's highest incarceration rates.
· A 41% increase in corrections spending over the past decade.
· One of the nation's slowest falling crime rates.
Thus, despite large increases in spending, there seem to be meager benefits being had in the area public safety. To confront these numbers, Oklahoma lawmakers have decided to revisit prison reform with the passing of House Bill 2131. Passed and signed into law late 2011, the measure increases the numbers of those persons eligible for alternative sentencing.
Governor Mary Fallin says the new law stands in recognition that most Oklahoma offenders are not violent or evil but are the victims of substance abuse. The state has teamed up with the Bureau of Justice Assistance, a division of the U.S. Justice Department, to research the next steps in this continuing reform process. The relatively smooth progression of this and related legislative endeavors underscores the bipartisan acknowledgment of the need to balance the state budget as well as lessen the current prison population.
Upon receipt of reports from the Justice Department and the Pew Research Center on the States, John Estus, spokesman for Speaker of the House Kris Steele, says that the state will begin investigating current sentencing policies and potential amendments. In preparation, the legislature has compiled a bipartisan investigatory task force made up of lawmakers, corrections officials and policy experts. House Speaker Steele says the continuing movement will hopefully build upon prison reforms passed more than a decade ago which reduced many then felonies to misdemeanors and explored alternatives to requiring the serving of full sentence periods.
]]>Miranda
The rules addressed in this entry have to do with Miranda. Despite the popularization of the phrase, one does not have Miranda rights. Reference to these "rights" has caused much confusion for many people. It is often thought that one cannot be properly arrested without first being read their Miranda rights. This is completely untrue.
According to the United States Supreme Court, the Constitution requires a person being arrested to be read their Miranda warnings in order for the person to be apprised of their Constitutional rights. If the arresting officer or officers do not supply the arrested person with their Miranda warnings, the person is still under arrest. However, if this does occur, a judicially created legal principle, unique to the area of criminal law, called the Exclusionary Rule is activated.
The Exclusionary Rule prohibits evidence collected or analyzed in violation of a person's Constitutional rights, which includes the giving of Miranda warnings, from being admitted and used against that person in court. This rule is intended to function as a protective measure and remedy. It also acts as a disincentive for law enforcement officers to deny a person their Constitutionally guaranteed rights.
This rule is grounded in Fourth Amendment jurisprudence, which is intended to protect citizens from illegal searches and seizures. However, the breadth of the Miranda warning implicates the Sixth Amendment as well, which guarantees the right to counsel. It applies not only to United States citizens, but to all legal and illegal immigrants, as well as visitors. For the most part, these rules are followed closely by law enforcement and the court system. However, being aware of the rights afforded you under the Constitution not only makes you more confident in the legal system but can also protect you when you need protection the most.
]]>Senator Ralph Shortey authored the proposed new law and says it was inspired by the 2011 trial of Casey Anthony in Florida. In that case, the mother of missing Caylee Anthony was eventually convicted of lying to police concerning the whereabouts of her daughter. Senator Shortey said he hopes "that this legislation can prevent similar tragedies from occurring in Oklahoma, and bring those who would harm children to justice."
The exact extent of the penalties for violating the proposed law is not yet set in stone. However, failing to report a missing child within the statutory timeline will result in a felony charge. Also potentially up for debate is when the 48 hour period begins: Does it start to run when a parent first notices that their child is missing or are parents charged with knowing at all times? If parents are deemed to always know where their kids are, then the time period could potentially relate back, resulting in a tighter window to report the missing child.
Laws to protect our children are very important. However, it is also imperative to explore the eventual ramifications of proposed legislation. We need to protect our kids while still allowing responsible parents the Constitutional freedom to raise their children according to their own beliefs.
]]>Membership is by invitation only and is exclusively offered to those lawyers who have demonstrated excellent leadership and outstanding trial results. Further, all members must be in good standing with the state licensing board and must never have been subject to disciplinary action. Only 40 lawyers are officially invited per year. The multi-phase 3rd party selection process is extremely competitive and regulated by The National Trial Lawyers.
Throughout his 12 years of experience as an Assistant District Attorney and in private practice, Drew Nichols has strived to offer the best legal services available. If you or someone you know may need legal representation, please contact Drew Nichols, one of the"Top 40 Under 40" attorneys in the entire state of Oklahoma!
]]>The prosecution pushed for the ability to search all cell phone information and argued that in this digital age, there is a high risk that suspects could erase their cell phone information remotely. The court rejected that argument in the case but still ended up leaning in that direction. The court limited the warrantless search capability to phone numbers only. "Lurking behind this issue is the question whether and when a laptop or desktop computer, tablet, or other type of computer (whether called a 'computer' or not) can be searched without a warrant," Judge Richard Posner wrote for the three-judge panel. In raising this limitation, he gave the example of the iCam, which is a device that allows a person to wirelessly connect a phone to a computer and utilize the webcam. An iCam, or similar device, would allow a cell phone user to instantanesouly view the interior of a home. "At the touch of a button, a cell phone search becomes a house search," the judge wrote.
These are the 2 main things you need to know about this new law: First, even though police officers may not need a warrant to execute a search for numbers in your cell phone, this act still constitutes a "search" under the Constitution. Therefore, according to the 4th Amendment and subsequent cases, probable cause is still required for the search to be legal. Second, as was stated earlier, this search is extremely limited. A smart phone can contain e-mails, pictures and all kinds of personal information. Under the new ruling, the warrantless search must be limited to phone numbers only. While it may be practically impossible for a searching officer to only see the numbers, the search must be reasonably tailored to achieve for this purpose.
]]>· It first would allow Oklahomans, with a valid license under the Oklahoma Self Defense Act to carry a loaded firearm, to do so in plain sight. Instead of having to conceal your weapon, you could keep it in a holster on the exterior of your clothing.
· The bill would also make it legal for such a person to keep ammunition in a locked automobile in a parking lot. However, businesses would continue to have the ability to ban firearms completely.
· Oklahomans would additionally be able to carry a loaded firearm on their own private property without a license. The only stipulation is that the person must be carrying the weapon for a legitimate purpose. This restriction, while seemingly vague, is praised by many for its ability to allow individual jurisdictions to exercise their own authority in determining the best course of implementation.
· Another part of the measure drastically reduces maximum fines and penalties for motorists who have a concealed weapon but fail to disclose this when stopped by law enforcement officers.
Critics say this is a step back from civilized society. Advocates contend this bill further strengthens Second Amendment rights. Regardless of your position, gun laws are strictly enforced and violations can carry severe penalties. If you have questions about your own criminal violations and the rights afforded to you, contact one of our former Assistant District Attorneys and experienced criminal defense lawyers.
]]>Remember that these rules are subject to change and may be different based upon your situation. If you have questions, contact an attorney as soon as possible.
The Arrest
The first basic rule concerns the power of a police officer to arrest. One can only be arrested when probable cause exists. This begs two questions: What is an arrest? And what is probable cause?
An arrest occurs when a person reasonably believes he is not free to leave. The factors that a court will consider in deciding whether a person believed he was free to leave or not will vary by state and may include the length of time you are detained and if the officer actually tells you that you are under arrest among other things. Determining when the arrest occurs is potentially very important. A person under arrest is automatically protected by Constitutional constraints on what the government can and cannot do.
A short definition of probable cause is a reasonable belief that a person has committed a crime. Many think a police officer needs a warrant to arrest but this is not always the case. A police officer may be able to get probable cause quickly and without a warrant. The requirement of probable cause for arrest comes directly from the Fourth Amendment of the United States Constitution.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
These are seemingly simple terms but being able to correctly apply them to your situation may be critical. If you have questions about your own criminal case, contact one of our experienced criminal law attorneys.
]]>Traditional reasons for getting divorced are for domestic violence, abandonment, infidelity and fraudulent inducement among several others. When a person wants to end a marriage, this is usually the real reason. However, most people don't actually get divorced on these grounds. The explanation for this is fairly straightforward. Although admittedly it is different in several respects, a filing for the dissolution of a marriage is still a lawsuit. This means that for the plaintiff to gain the result they seek, being granted the divorce, he or she will have the burden to prove the allegations. If the claims upon which the divorce is being sought are not proven, then it may not be granted.
This can result some perverse outcomes. Take this example: A man cheats on his wife. The wife finds out and wants to end the marriage because of the affair. If she is unable to prove the affair occurred and that she had not consented to it in some way, the divorce may not be granted. Thus, the couple has to stay married even though they probably don't want to! Because of this problem, courts many decades ago began to grant divorces on grounds of incompatibility. That way there was nothing to prove and two people who don't want to live together don't have to.
The proposed legislation would hamper this practice by adding hurdles if a couple wants to divorce on incompatibility grounds. This is a complicated and emotional issue which deserves much thought and debate. Many believe it would be a good thing for the divorce rate to drop. However, do we really want the government to tell us that we can or cannot contract to marry or end that marriage as we please? How then, can society protect children from the harmful effects of split families? What interest is most important: that of the government to keep the divorce rate down, that of the parents who are adults and in most cases should be free to make their own choices or that of the children who are the innocent victims in all of this?
While the answers to these difficult questions are elusive and complex, it is important to know the options available to you, which can vary greatly depending on your unique circumstances. If you have questions concerning a family matter, our experienced family law attorneys would be happy to assist you.
]]>The measure, which went into effect November 1, 2011, states that no person shall knowingly or willfully permit another person who is an invitee under the age of 21 to possess or consume alcohol or any controlled dangerous substance or any combination thereof. There are several things to note here that on the surface may not be plainly understood. First, the law not only refers to adults, but also expressly prohibits any person from engaging in "social hosting. " This may mean that minors may be liable for a violation of the new rule as well. How far state legislators intended to reach when they decided to use the word person will have be decided in the future. For now, just understand that the statute apparently authorizes the legal consequences to extend beyond any parents that may be involved.
Also worth pointing out, the individual under 21 must be an invitee of the host. This is an old legal term that differentiates between visiting friends, business patrons and intruders. An illustration of an invitee is a friend you have invited over. While this may seem like common sense, as with all legal expressions, it carries varying features and qualifications that can make it more complicated. For example, a friend you invited over for coffee may be an invitee at first, but if that person stays longer than you intended or wanders around your house where you haven't given them permission to go, their legal status as an invitee may have changed.
Penalties under the new measure are on a sliding scale. For a first offense, the maximum punishment is a misdemeanor conviction along with a fine of up to $500. A second violation within 10 years of the first can carry with it another misdemeanor conviction and up to $1,000 in fines. If convicted more than twice within 10 years, the offender may be found guilty of a felony and could face fines of not more than $2,500 or imprisonment for up to 5 years or both. Additional consequences may be had in the event an individual is hurt as a result of "social hosting."
]]>First, what on earth is a tort and does it come with a side of ice cream? A tort comes from the French word for "wrong." It refers to a civil wrongful act, either intentional or accidental, which results in an injury to another. A tort may very well constitute a crime as well. However, while a crime is pursued by the state against the wrongdoer, a tort claim is pursued by the injured party in order to recover compensation from damages due to his or her injury.
While the new reforms alter multiple areas of the existing law, these are some of the major changes (and potential problems) that are most likely to affect you:
· The biggest change, and the one you may have heard about, limits the amount of "non-economic" damages one may recover. Hospital bills, lost wages from missing work-these are referred to as "economic" damages. "Non-economic" damages include pain and suffering and lost wages both past and future. While both of these figures have traditionally been left up to the judgment of the jury, now a person, regardless of how horrible or painful their injuries are, may not recover more than $350,000, even if the insurance policy of the wrongdoer is well above this amount.
· Another change provides that the jury will be instructed that all awards are not taxable. This is intended to keep juries from overcompensating victims to cover what they thought would be taxed. The problem? The IRS decided years ago that "non-economic" damages are taxable. This will most likely unfortunately result in more time and money being spent to clear up an already decided issue. Whose time and money? Yours!
· Yet another portion of the reform measures eliminates a long-standing doctrine called "joint and several liability." Under the old rule, if more than one person was responsible for your injuries, you could recover 100% against each of them. This doctrine was based upon the idea that people should be responsible for their own actions. The new law abolishes this doctrine. Now, if more than one person causes your injuries, the jury must decide what percentage of the injuries each wrongdoer caused and they are only responsible for that portion.
As often seems to be the case, the legislature may have caused as many problems as it set out to resolve. Different cases will be affected in different ways by the nuances and exceptions to the new measures. If you have questions about an injury or about how the new laws may affect your claim, feel free to call us at 405-217-4118.
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