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Expungement | Speeding Tickets | Other Areas 
Criminal DefenseStockwell Law Offices are located in Norman, Oklahoma and represents clients charged with felony and misdemeanor crimes throughout state. Our law firm has broad experience in Oklahoma criminal law and procedure, and defends clients accused of the following misdemeanor and felony offenses:
• Burglary and theft-related offenses • Domestic abuse and domestic violence charges • Drug and narcotic offenses, drug possession, drug trafficking, drug manufacturing and distribution of controlled substances, including marijuana, cocaine, and methamphetamine • Drunk driving, driving under the influence (DUI), driving while intoxicated (DWI), and other alcohol-related crimes • Expungement, expunction, and record sealing • Firearms, gun possession, and other weapon offenses • Juvenile delinquency and juvenile crimes • Probation and parole • Traffic violations, speeding, license suspensions, and other moving violations • White collar crimes, embezzlement, fraud, theft, and vandalism Back To Top 
Criminal LawCriminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated. A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability. Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown. All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%. Back To Top  D.U.I.Laws in Oklahoma relating to DUI arrest are very strict and harsh on those individuals arrested. In Oklahoma if a person takes a breath test and tests .08 or greater you will be arrested for DUI. If the breath test is .15 or greater the district attorney can charge Aggravated DUI on that individual. An Aggravated DUI comes with much harsher punishment than a standard DUI. Punishment for a standard DUI can result in confinement in a county jail for up to one year and a fine not to exceed $1,000.00. Additionally, the individual will have to undergo a Drug Alcohol Assessment and follow whatever recommendations the assessor deems necessary for that individual. That may include inpatient substance abuse treatment, outpatient substance abuse treatment or a variety of other programs. As for an Aggravated DUI the court may also order a 30 day inpatient or residential substance abuse treatment followed by not less than a one year of supervision and aftercare at the Defendant’s expense and 480 hours of community service following the period of aftercare and the use of an ignition interlock device for a minimum of 30 days. However, if the person does have a breath alcohol concentration of .15 or greater it may still be possible to have the Aggravated DUI charge amended to a regular DUI, thus limiting the amount of punishing the court may impose. Virtually each legislative session through the Oklahoma Legislature changes the DUI laws within the state by making them even harsher and more costly to the person arrested. In the most recent legislative session the legislature increased virtually all costs for the programs the court may order. The cost of the DUI School increased to $150.00, the cost of the DUI Assessment increased to $175.00, court costs increased approximately $100.00 to a total of $625.00 for court costs alone for arrests occurring after November 1, 2004. All totaled the costs and fees generated for an arrest for DUI arrest could exceed $2,000.00 not including the cost of your attorney and/or the cost of an ignition interlock device installed on your car, if you receive a modified driver’s license from the Department of Public Safety. That is why it is in your best interest to hire a qualified lawyer to defend you for your DUI arrest. Nothing above has any effect on your driver’s license. Even if you are acquitted at trial or the case is dismissed outright by the district attorney, you will still need to resolve your driver’s license issues with the Department of Public Safety. It is imperative that within 15 days of your arrest you or your lawyer, notify the Department of Public Safety in writing that you request an administrative hearing. This allows you to retain your driving privileges until the administrative process has concluded with the Department of Public Safety and it gives your lawyer sufficient time to investigate your case, review the reports, review any videotapes that may exist and make a determination as to whether or not you have a good chance to prevail at the administrative hearing. If at the administrative hearing you win, your license will not be revoked by the Department of Public Safety. If, however, you lose you must appeal to the district court to have a new hearing regarding your driver’s license privileges. If it is determined by you and your attorney that the chance of prevailing at the administrative hearing is not good, you may have an option to request a modified license. A modified license allows the first time offender to be granted a 180 day modified license by the Department of Public Safety. This will allow you to drive 24/7 for this time period. The only draw back will be that you will be required to install an ignition interlock device in your vehicle or any vehicle you drive during that suspension time. The ignition interlock device requires you to blow into this device prior to starting the car and periodically while the car is operational. If the device detects any odor of alcoholic beverage it will lock itself down for a period of time not allowing you to drive it. The cost for having a modified license is approximately $685.00 for the period of 180 days. A second or third arrest during a five year time period limits your driving abilities substantially. Unless you win at the administrative hearing or an appeal to district court you will not be able to drive your vehicle legally during the revocation time period. For a second DUI within the five years it is a one year revocation, non-modifiable. For a third DUI within the five years it is a three year revocation, non-modifiable. This means if you drive during that time period and are caught by law enforcement officers you can again be arrested for driving under suspension and your license will again be revoked for a time period at the end of the current revocation you are serving. Back To Top  Other Alcohol Related CrimesIn addition to DUI type arrests, there are other alcohol related crimes you can be arrested for. Public Intoxication and Minor in Possession of Alcohol are two of the less serious, but can still cause great difficulty for you. Receiving a conviction for either of these crimes could inhibit your ability to get a good job or affect your standing in school. If you attend the University of Oklahoma, you may be kicked out or is you like in the dorms, you may be required to obtain a new place to live. In addition to the above, if you are later arrested for other crimes, the prosecuting attorney will not be so likely to go easy on you because you have a history of alcohol related crimes. While there crimes seem minor, if not handled properly, you may end up with a conviction and a criminal record. Call the Stockwell Law Offices and let them start working for you. Back To Top  Drug and Narcotic OffensesPrior to attending law school, Dave Stockwell was a Senior Agent for the Oklahoma Bureau of Narcotics for six years. He conducted hundreds of investigations into the sale, possession and unlawful distribution of all types of drugs. As such he has a better understanding than most lawyers of how these types of investigations are conducted and is better equipped to defend you. Drug violations are quite serious and can result in a conviction and possibly serving jail or even prison time. It may even result in a driver’s license revocation. There are ways to lessen the impact a charge like this can have on your life. Through counseling and treatment programs you may be able to lessen the punishment the court can give you. The Stockwell Law Offices are committed to giving you the best representation and providing you with all necessary treatment options available to obtain the best results in your case. Back To Top  ExpungementExpungement law deals with the sealing of a criminal case. It can involve the sealing of the district court file or it can involve the sealing of all arrest records involved with the criminal case and sealing your criminal record. In Oklahoma there are several types of expungements a person can receive. Most commonly are those found in Title 22 of the Oklahoma Statutes. Title 22 § 991C allows for the sealing of the district court’s file. To qualify for this type of expungement you must have received a deferred sentence. A deferred sentence is a sentence where a judge finds you guilty, but delays or postpones sentencing you for a period of time. During the time period of your deferment the court will place certain requirements on you. They may range from payment of fine and court costs, completion of a DUI school, obtaining an evaluation and any follow-up treatment regarding substance abuse. If all those requirements placed on you by the district court judge are satisfied your case would then be in a position to be dismissed at the time the deferment ends. Once the case has been dismissed you can petition the court to expunge your record under Title 22 §991C. If successful, your file with the district court clerk would be sealed and any information that has been placed on the internet regarding your arrest and sentence would be removed. This type of expungement does not seal or erase any of your arrest records or your criminal record with the Oklahoma State Bureau of Investigations (OSBI) or the FBI. For the sealing of criminal arrest records and the record held by the OSBI you must qualify under Title 22 §18. There are currently 9 separate categories for which you may qualify. These sub-sections are as follows:
2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge; 3. The factual innocence of the person was established by the use of deoxyribonucleic acid (DNA) evidence subsequent to conviction; 4. The person was arrested and no charges of any type, including charges for an offense different than that for which the person was originally arrested are filed or charges are dismissed within one (1) year of the arrest, or all charges are dismissed on the merits; 5. The statute of limitations on the offense expired and no charges were filed; 6. The person was under eighteen (18) years of age at the time the offense was committed and the person has received a full pardon for the offense; 7. The offense was a misdemeanor, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the judgment was entered; or 8. The offense was a non-violent felony, as defined in Section 571 of Title 57 of the Oklahoma Statutes, the person has received a full pardon for the offense, the person has not been convicted of any other misdemeanor or felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the conviction. 9. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person who has appropriated or used the person's name or other identification without the person's consent or authorization. Another popular category is that an individual either received a deferred sentence or was convicted of a misdemeanor and the offense happened longer than ten (10) years ago, have had no other charges filed against him/her and have no charges pending. Therefore if you have a conviction for a misdemeanor ten or more years ago that record may be expunged and your OSBI record may be sealed. If you qualify under Title 22 §18 to have your record expunged a Petition or Motion must be filed in the district court where the charge was filed. Notice must then be given to the district attorney, arresting agency, OSBI and any other agency who my have relevant information relating to sealing your criminal record. After notice has been given a hearing will be held and if the court finds that the harm to the privacy of the person in interest or dangers of unwarranted adverse consequences outweigh the public interest of obtaining such records the court may order those records sealed. If you prevail at your hearing and the records are sealed the benefit to you is:
2. Employers, educational institutions, state and local government agencies, officials and employees shall not on your application or interview, require an applicant to disclose any information contained in sealed records; and 3. An applicant must need not answer to any question concerning arrest and/or criminal record, provide information that has been sealed and the applicant may state that no such action ever occurred. Such an application may not be denied solely because of the applicant’s refusal to disclose arrest or criminal record information that has been sealed. Back To Top  Speeding TicketsSpeeding tickets happen to most all of us at one time or another. They seem fairly minor and are thought of as no big deal. This is not the case at all. Each year when you renew you insurance policy, your insurance company will check your driving record. If there are tickets on your record they may and probably will increase your premium. There way of thinking is if you get tickets you are more likely to have an accident and cost them more money. If you have several tickets, your insurance policy may even be cancelled. If you get a ticket call the Stockwell Law Offices and discuss it with them. You may or may not need a lawyer, but check first before you just pay the ticket. Back To Top  Other Areas of Law RepresentedWorkers Compensation Personal Injury Divorce Child Support Child Custody Guardianship Wills Back To Top |
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