Think it's eazy to get a firearm from the Tulsa Police Property Room (Think Again.)

[dennishoddy]

We’ll who ever wins this …. show. We need to explore ways the peoples money isn’t used against them, few win without being broke

Your exactly right. The state has no budget when it comes to prosecuting someone against a citizen that has limited resourses.
There should be a method for one found innocent to recover funds used in their defense if found innocent.

 

[ttown]

Plus interest…. They drag it out until you die

 

[Snapshot2022]

I have not gone through it but had a good friend that did, 2-1/2 drive one way for him, and it was a PITA. I can support the Blue, but sometimes they are ridiculous.

I might explain just why i said the Discovery is very important it's the first time your really being recordered under oath with a Judge involved, first the Prosecutor questions the person who made the complant then your Attorney asks him questions all this is being recordered, the police officers report is no under oath so really is just a guidline has no real bearing on anything.
Now for around $50 in 2010 then it may be more today you better by a copy of the Discovery, with it you compair what you know are the true facts then when you get to trial be sure your Attorney when the person who brought the charge against you is under oath and your Attorney asks the same questions he was asked at the Discovery.
In my trial when being questioned he could not remember his lies and had a hard time answering the questions my Attorney was asking, jury picked up on this andas far as the threating of killing him that was dead and the Prosecutor knew it.

But the DA Tim Harriss was smart he asked for an alternate charge of reckless handling of a firearm to be added.
So now we go into this alternate charge of reckless handling of a firearm and where i really got lucky, as i said before you are not allowed to speak unless asked a question. the Prosecutor looked at me and asked me if i thought by me bringing a fully loaded handgun into the Gym with a live round in battery, had i not put others in the gym in danger of death this was his question.
I replied my firearm was in a holster that covered the guns trigger and i would have to have pulled it out of my gym bag and held holster i have the holster here would like to show it to thejury, Prosecutor told the Judge he objected Judge told him "You opened the door asking the question"and i would like to see the holster and so would the jury.
That ended the States case and it went to the jury and the State lost their case and it cost the taxpayers a lot of money.
Me it ended up costing me around $3000 and a year of sleepless nights, later i brought suite against the guy but a civil case is diffrent from a criminal case and proof of lost income and loss of sleep is not going to get you far, also even if i won a judjment it would take years to get any money and your having to pay your Attorney.
So we both agreed to dismiss it and pay our Attorneys but i did force him to hire an Attroney and make a court appearance cost me $1,500 but was worth it to cause him some trouble.

 

[enuf]

Sorry misunderstood, thought you had to go through another background check. My bad

uhhh - my friend did.

 

[dennishoddy]

I might explain just why i said the Discovery is very important it's the first time your really being recordered under oath with a Judge involved, first the Prosecutor questions the person who made the complant then your Attorney asks him questions all this is being recordered, the police officers report is no under oath so really is just a guidline has no real bearing on anything.
Now for around $50 in 2010 then it may be more today you better by a copy of the Discovery, with it you compair what you know are the true facts then when you get to trial be sure your Attorney when the person who brought the charge against you is under oath and your Attorney asks the same questions he was asked at the Discovery.
In my trial when being questioned he could not remember his lies and had a hard time answering the questions my Attorney was asking, jury picked up on this andas far as the threating of killing him that was dead and the Prosecutor knew it.

But the DA Tim Harriss was smart he asked for an alternate charge of reckless handling of a firearm to be added.
So now we go into this alternate charge of reckless handling of a firearm and where i really got lucky, as i said before you are not allowed to speak unless asked a question. the Prosecutor looked at me and asked me if i thought by me bringing a fully loaded handgun into the Gym with a live round in battery, had i not put others in the gym in danger of death this was his question.
I replied my firearm was in a holster that covered the guns trigger and i would have to have pulled it out of my gym bag and held holster i have the holster here would like to show it to thejury, Prosecutor told the Judge he objected Judge told him "You opened the door asking the question"and i would like to see the holster and so would the jury.
That ended the States case and it went to the jury and the State lost their case and it cost the taxpayers a lot of money.
Me it ended up costing me around $3000 and a year of sleepless nights, later i brought suite against the guy but a civil case is diffrent from a criminal case and proof of lost income and loss of sleep is not going to get you far, also even if i won a judjment it would take years to get any money and your having to pay your Attorney.
So we both agreed to dismiss it and pay our Attorneys but i did force him to hire an Attroney and make a court appearance cost me $1,500 but was worth it to cause him some trouble.

You should get reparations for your expenses. This is how the state gets people to agree to a lower charge, so they get a "win" on their record for the next election.
It's all about politics and getting reelected.

 

[Dumpstick]

they did reduce it to a Misdemeanor and said this is your last chance take the Plea or if you go to trial and lose it's stright to jail no bond allowed till they find room in an Oklahoma Prison for you and we are asking for from 18 to 24 Months.

You cannot get more than 12 months for a misdemeanor. The very definition includes that fact.

Oklahoma Misdemeanor Crimes by Class and Sentences

Getting a misdemeanor conviction in Oklahoma can mean jail time, fines, and restitution obligations. When can you qualify for diversion or a sentencing alternative?

www.criminaldefenselawyer.com

"Like many states, Oklahoma distinguishes felonies from misdemeanors based on the amount of time a person could potentially spend behind bars. If a sentence allows incarceration for more than a year, the crime is a felony. Sentences of a year or less fall are considered misdemeanors."

For them to threaten you with 18 months for a misdemeanor is ridiculous. It's impossible under the law to get that sentence for a misdemeanor conviction in Oklahoma.

 

[sklfco]

Your exactly right. The state has no budget when it comes to prosecuting someone against a citizen that has limited resourses.
There should be a method for one found innocent to recover funds used in their defense if found innocent.

Disbar the prosecution team.
Lock them up for the entirety of what the accused would of faced.
Remand all of their belongings to the accused, regardless if the prosecution team has family, just like what would of been done to the accused.
Right then and there as soon as the verdict is read, none of this “get your affairs in order business.”

 

[TedKennedy]

Disbar the prosecution team.
Lock them up for the entirety of what the accused would of faced.
Remand all of their belongings to the accused, regardless if the prosecution team has family, just like what would of been done to the accused.
Right then and there as soon as the verdict is read, none of this “get your affairs in order business.”

Holding government officials and their armed security to the same standards and consequences as John Q Taxpayer ain't gonna happen. Ever.

I truly wish it would, and I love seeing the criminal antics of these dbags exposed, but that's simply the system we have, and it ain't fixin to change.

 

[sklfco]

Holding government officials and their armed security to the same standards and consequences as John Q Taxpayer ain't gonna happen. Ever.

I truly wish it would, and I love seeing the criminal antics of these dbags exposed, but that's simply the system we have, and it ain't fixin to change.

Some folks in Athens Tn would like to remind you to never say never..............moAr likely a “highly unlikely with current citizenship”.

 

[TerryMiller]

You cannot get more than 12 months for a misdemeanor. The very definition includes that fact.

Oklahoma Misdemeanor Crimes by Class and Sentences

Getting a misdemeanor conviction in Oklahoma can mean jail time, fines, and restitution obligations. When can you qualify for diversion or a sentencing alternative?

www.criminaldefenselawyer.com

"Like many states, Oklahoma distinguishes felonies from misdemeanors based on the amount of time a person could potentially spend behind bars. If a sentence allows incarceration for more than a year, the crime is a felony. Sentences of a year or less fall are considered misdemeanors."

For them to threaten you with 18 months for a misdemeanor is ridiculous. It's impossible under the law to get that sentence for a misdemeanor conviction in Oklahoma.

Dumpstick is completely correct in that a misdemeanor has a maximum time in the county jail of 1 year and possibly a maximum fine of $500. I worked with this stuff when I worked for the OSBI.

That said, some judges can even try to stretch the limits to some degree. I remember handling the documentation on a misdemeanor where the judge sentenced the defendant to 2 years suspended. (A suspended sentence means you don't necessarily go to jail, but if you mess up within the time of the suspended sentence, one can be revoked and go to jail.) We called the court clerk's office to verify the sentence and they confirmed it was 2 years suspended for the misdemeanor.

I suspect that the defendant's attorney knew that the sentence was wrong, but he may have been concerned that if he challenged the judge on the length of the suspended sentence, the judge might have just changed the sentence to 1 year of actual time in jail instead of any of it being suspended. Perhaps the defendant's attorney knew the judge well enough to just tell the defendant to keep his nose clean for two years.

Oh, and just for giggles, I was told that criminals would prefer time in prison over time in jail. In prison, they can have amenities in their cell that would not be available to someone in a county jail.