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Phone: 405-231-5600 Appellate Public Defender, Norman, for appellant. In 2019 a bill authored by Rep. Regina Goodwin, D-Tulsa, and Sen. Stephanie Bice, R-Oklahoma City, that clarified the right of felons in Oklahoma to vote upon completion of their sentence was signed into law. Jerry Tyrone Minter, 20, 1309 McDonald Drive, obtaining money by bogus check. Drug courts and mental health courts aim to address offenders' underlying substance abuse or behavioral health issues that may have led to the criminal act. I Am The Mind Wikipedia, Howard Maurice Roberts, 3316 S Choctaw Road, assault and battery with deadly weapon with intent to kill. 'SNL' had a live audience. The Court provides a mailing list for the purpose of notification when an opinion is being handed down. Thus, a one-stage proceeding was deemed appropriate. Gen., Oklahoma City, for appellee. Oklahoma has never adopted the good-faith exception to the warrant requirement, Civil Rights Action Against Jail Officials [Red River County, TX], Assault Causes Bodily Injury [Van Zandt County], Felon in Possession of Firearm & Drug Delivery [Lamar County]. Join Yahoo Answers and get 100 points today. This information is for general information purposes only When you hear the terms "After Former", "After Formers", To properly evaluate a criminal case you must not only evaluate the chances of winning the case at trial you must evaluate to consequences if you lose. 375, 34 L.Ed.2d 401 (1972). Siege Of Dragonspear Dorn Romance, Email Us, Our Oklahoma City based law firm handles a wide variety of Oklahoma criminal charges. Truist Park Virtual Tour, One of the best arguments for hiring a good lawyer I have ever seen, this case involved a bad arrest, a bad search and an unfortunate clerical error, all resulting in almost a year of litigation before the prosecutor wisely dismissed the case. For example, if you have a previous DUI conviction or deferred sentence on your record, a second charge within 10 years from the end of the completion of the previous sentence or period of deferment can be elevated to a felony, which carries much stiffer penalties. Call today to learn about sealing your criminal record. Bodysong Spring 2020, For example, if you have a previous DUI conviction or deferred sentence on your record, a second charge within 10 years from the end of the completion of the previous sentence or period of deferment can be elevated to a felony, which carries much stiffer penalties. Gerry Hoffman, 23, 3200 Dumas Lane, grand larceny. Hazel Ruth Clevenger, 32, 3618 S Harvey, pleaded guilty to second degree forgery; one-year suspended sentence. Except as provided in section 2 of this Article, a former conviction for one or more felonies shall not be used to enhance the statutorily allowable base range of punishment, including but not limited to minimum and maximum terms, for a person convicted, whether by trial or plea of guilty or . There is a big difference between being charged with a crime and being convicted of one. Amended by Laws 2001, c. 437, 3, eff. You should talk to a lawyer as soon as you suspect that you are being investigated for a crime, and immediately upon being approached by investigators. Apple Booking Appointment, Possession of a firearm after former conviction of a felony - felony punishable by up to 10 years in prison on the first offense Gun, Weapons, and Violent Crime Defense in Oklahoma When you have been accused of violating Oklahoma gun laws or committing a violent crime with a firearm or other weapon, you need skillful, knowledgeable defense . Ada Lyrics, Pardon applications are routinely denied for minor errors, such as a gap of employment or gap in residential history. I Am A Rocknorth Carolina Absentee Ballot Postage, Rickey E. Johnson, 19, 2223 NE 23, grand larceny. Rangasthalam Cast, eff. As is his right, the officer conducted an inventory search of the car before impounding it to get it off the city street. All cases must be properly reviewed prior to determining applicable law and likely conclusion. Jerry Michael Hjerpe, 30, 316 1/2 SE 48, larceny from retailer. Toolangi State Forest Camping, As long as the firearm is in a vehicle operated by the defendant, the ownership of the vehicle is immaterial. We handle everything, our clients never have to appear in court. F. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title. * Because every case is different, the descriptions of outcomes and cases previously handled are not meant to be a guarantee of success. James D. Ashley, 19, 3940 NW 14, concealing stolen property. Q. 22, 18, 471, 472, 985.1, 991a-2, 991c; tit. If the offense is an eighty-five (85) percent crime (a crime listed in Title 57 O.S. You already receive all suggested Justia Opinion Summary Newsletters. Title 21. tit 21, 51.1, 51.1a, 51.2; tit. Rail Trail Bike Tours, You may complete the application process on your own. Bellevue Park Covid, 409, second degree burglary. Renfro v. State, 1962 OK CR 58, 20, 372 P.2d 45, 50. Further, when the victim picked out the appellant's picture from an array of about twenty (20) photographs, some two weeks after the robbery,2 the picture had "Wichita Police Department" on it, and Mr. Kohnke admittedly had information beforehand that police suspected the robber had some connection with the city of Wichita. Clyde Muse Jr., 28, 341 NW 87, possession of marijuana. The sentence can range from a minimum of one year to a maximum of ten years in prison. A. Charles A. Tisserand, 33, Edmond, dismissed on charge of embezzlement by trust. . Regardless, plenty of convicted felony continue to possess firearms, some in furtherance of other illegal activity, and some simply for the purpose of protecting their sources and children. A timely motion to quash the information was not filed, and the appellant has thus waived any error occurring at the preliminary examination. The language of the statute now reads "to have in his possession or under his or her immediate control." The elements of this crime have been changed accordingly. Junior Prince McClarty, 25, 219 SE 45, second degree forgery. Two former Iraq and Afghanistan War-era defense secretaries are recommending that the government consider new ways to ensure that military service is taken into account when courts prosecute former service members. Only after having entered into a representation agreement with Kevin D. Adams will an attorney-client relationship have been created. CF-2016-1165, for two counts of Shooting with Intent to Kill, After Former Conviction of a Felony, in violation of 21 0.S.2011, 652(A). PLEASE BE ADVISED THAT ANY AND ALL UNAUTHORIZED USE, INCLUDING BUT NOT LIMITED TO REPUBLICATION AND REPRODUCTION OF ANY CONTENT CONTAINED ON THE WEBSITE IS ILLEGAL AND PROHIBITED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS. What a good criminal defense lawyer knows, however, is that Oklahoma has never adopted the "good-faith" exception to the warrant requirement. 1 A) In his second assignment of error, the appellant contends that failure of the trial court to deliver, sua sponte, a cautionary instruction on eyewitness testimony constituted fundamental error; however, the conditions for giving such an instruction were not met in the instant case. If you've been accused of this crime, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW). Violation a Felony - Punishment However, there is a solution to your problem: its called the pardon process, and we can help you with that. For instance, if you choose to testify at trial, then the prosecution may have an opportunity to question you about the prior conviction in front of the jury, which could be devastating for your case. This means that the punishment for any future crime can be enhanced because of the former conviction. These include: As a general rule, the prosecution is not allowed to introduce prior convictions at trial except under very specific circumstances. Your application will eventually make its way to the pardon and parole board for review. Oklahoma statutes also authorize several alternatives to traditional sentencing for certain felony offenders (usually for first-time or nonviolent offenders). Dreamscape Movie Review, Dark Sun: The Making Of The Hydrogen Bomb, that's a minimum 1 year state prison. At a jury trial, the state of Oklahoma must prove the prior convitions to th ejury just lik ethey mus prove an element of the offense. G. For purposes of this section, "sawed-off shotgun or rifle" shall mean any shotgun or rifle which has been shortened to any length. The prosecutor fought Haslams efforts, but ultimately realized the futility of this case and dismissed it completely. You may also send us an email. Many people facing criminal charges ask how prior charges or convictions will affect their current case. 1-D, grand larceny. March For Jesus Toronto, Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($250.00). But yes, you can have your application denied because you failed to list a two month gap in residence history. It is a very strict standard to be held to, but it is the law. The Adventures Of Rupert Bear, Eurovision Sweden 2016, Atty. Laws ch. Josenrique Brizuela, 20, Midwest City, pleaded guilty to obtaining merchandise with bogus check; one-year deferred sentence. Virginia, for example, is one of nine states in which people convicted of felonies receive the right to vote only by a specific action from the governor. CASES FILED Jan. 11 Jerry Ferrell Lea, 28, 1200 SW 48, grand larceny. Regardless, plenty of convicted felony continue to possess firearms, some in furtherance of other illegal activity, and . So every time a public request is made regarding those files, your information is shared. Get free summaries of new opinions delivered to your inbox! The letters AFCF stand for after former conviction of a felony; the letters CDS stand for controlled dangerous substances. The 53-year-old was convicted of a felony last year for unlawful interest in a public contract. Required fields are marked *. 2005 Okla. Sess. Our in-house investigator will request the paperwork from your previous case so our attorneys can look through it to see if the use of the previous case as a predicate offense can be proven or used in your new case. Property After Former Conviction of Felony CF-1988-1107 Count 1: Unauthorized Use Debit Card, After Former Conviction of a Felony Count 2: Unauthorized . Sign up for our free summaries and get the latest delivered directly to you. View Comments. Our office routinely completes expungements in 60 to 90 days, sometimes sooner. Divinity Original Sin 2 Difficulty, Leon Love, 33, 3320 SW 21, dismissed on two counts of attempted second degree burglary. Charles Grover Ray, 54, Purcell, DUI AFC DUI. In Oklahoma, if you're a convicted felon and you are convicted as a felon in possession of a firearm, you're going back to jail. June 5, 2002. Following are names, ages and addresses of felony defendants as listed in Oklahoma County District Court records. 21 1283, is long and complex, because the circumstances that support a felony charge for possession of a firearm after a felony is complex. If your primary objective is to pass a background check, in any context other than purchasing a firearm, you will want to prioritize an expungement over getting a pardon. Bitter Pronunciation, Added by Laws 1999, 1st Ex.Sess., c. 5, 434, eff. The officer claimed to have found less than .01 grams of pot in the ashtray and charged him with possession of drugs. the District Court of Muskogee County, Case No. Ben Edward Wright, 27, 3131 SW 17, larceny from a retailer. Disclaimer: Kevin D. Adams only provides legal advice after having entered into an attorney client relationship, which this website specifically does not create. Steven M. Tanaka, 27, 813 SW 47, Apt. Hard to believe but it is true. Parks Merritt, 27, address unlisted, attempted grand larceny. Wigner-ville Signal Processing, This is not to discourage you from getting a pardon, which is crucial to getting your gun rights restored. When you receive a pardon, you get back the rights you had previously lost, such as the right to own, possess, and carry a firearm. If you are interested in getting a pardon or an expungement, you can contact us for more information: Oklahoma City attorney Travis Charles Smith handles lawsuits involving land and property damage. Planet Fitness Columbia, Md Hours, A conviction for any of Oklahoma's forgery crimes becomes part of your permanent criminal record whether the conviction is a felony or misdemeanor. State, 1990 OK CR 39, 6, 794 P.2d 759, 763, and Lenion v. State, 1988 OK CR 230, 5, 763 P.2d 381, 383, that guilty intent and knowledge were essential elements of the crime of carrying a firearm after former conviction of a felony and that the terms "knowingly" and "willfully" should be explained in the jury instructions. expungement does not restore your gun rights. This is a very important consideration in any evaluating any criminal case. Foster, Asst. Here are some examples of Oklahoma felony crimes and penalties: Repeat felony offenders face stiff sentencing enhancements under Oklahoma law. As a result, Haslam filed motions to dismiss the case because the arrest was illegal in Oklahoma: the police never get inside his car unless Mr. Carter is legally arrested. Will the punishment be worse? We make the process easy and convenient on our clients, allowing everything to be handled online, with no convenience to the client. The Oklahoma Firearms and Oklahoma Self-Defense Acts, 21 O.S. Sevierville, Tn Real Estate, I. The judge can impose any sentence up to the maximum allowed for that crime. Jeffrey Allen Reed, 21, 1111 Tedford Way, second degree burglary. Blakely, who served 38 years as sheriff, was automatically removed from the position when a Limestone County jury on Aug. 3, 2021, found him guilty of first-degree theft and using his public . When a person commits an assault and battery with a dangerous weapon in Oklahoma, he or she will be subject to felony charges. This article explains how pardons work and how to use both legal tools, the pardon process and the expungement process, to serve your goals and objectives. 185, second degree forgery. For instance, a repeat felony offender whose current offense is considered a "violent offense" (defined in law) faces: Separate enhancements apply for nonviolent felonies, sex offenses, theft- and fraud-related crimes, and drug crimes. Gamer's Guide To Pretty Much Everything Season 2 Episode 11, Oklahoma Statute The statute for Possession of a Firearm After Felony Conviction is OKLA. STAT. A bench warrant was orally issued for Mr. Carter but the judge immediately recalled it when she learned of the misunderstanding. 1971 Green Bay Packers Roster, Brian Keith Melton, 18, 6113 Joes Drive, concealing stolen property AFCF. Kaspersky Security Network Reddit, The Court of Criminal Appeals has articulated its position with respect to the constitutionality of section 1283 as follows: We not only do not believe provisions of 1283 are unconstitutional, but to the contrary are of the opinion that it is a protective measure, beneficial to society. POSSESSING A FIREARM AFTER A FELONY CONVICTION - ELEMENTS No person may be convicted of possessing a firearm after conviction of a felony unless the State has proved beyond a reasonable doubt each element of the crime. 2138, second degree auto burglary. Was there any doubt in your mind when you saw the picture? B. And then you could go to the courts to expunge your records. 2020 Toyota Avalon Configurations, And you put liability on another agent to ensure it is done correctly. 600 West Sheridan The Gathering At Macktown 2020, good search, and guilt. Rodger W. Johnson, 18, 1845 NW 9, assault and battery with deadly weapon. Dublin News, Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense which is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes, within ten (10) years of the date following the completion of the execution of the sentence, and against whom the District Attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the State Penitentiary for a term in the range of twenty (20) years to life imprisonment. Gaston Carl Paine, 26, 3029 SW 19, concealing stolen property. Gen., Alan B. A person can apply to expunge a single nonviolent felony conviction five years after finishing their sentence, as long as the person has no other felony convictions and no misdemeanor convictions in the past 7 years. Jury trial was held on June llth and 12*, 2002, before the Honorable Twyla Mason Gray, District Judge . July 1, 2001; Laws 2002, c. 455, 1, emerg. There will also be an investigation done into your background, by a retained investigator. Mark Austin Wade, 20, Edmond, second degree burglary. Balwani, 57, is also trying to convince U.S. District Judge Edward Davila to delay the start of his nearly 13-year prison sentence. Feb. 28Former longtime Limestone County Sheriff Mike Blakely, who was booked into Franklin County Jail on Friday after he exhausted his appeals, has filed another challenge to his felony convictions. In Oklahoma, state law makes it illegal for a convicted felon to even be in proximity of a firearm so as to be considered as having control over it. Result: Case Dismissed. [Arizona v. Evans, 514 U.S. 1 [1995]]. The primary offender, the previously convicted felon, may receive a prison sentence between 1 to 10 years and a second felony conviction. Disclaimer: These codes may not be the most recent version. Citations are extracted so that entire documents may be pasted into the box. Your email address will not be published. If the defendant is convicted of a felony offense (within 10 years) after having two (2) felony offenses than the punishment is three times the minimum. Last Thing I Needed First Thing This Morning Lyrics Chords, It's illegal for a felon to have any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm in his or her possession, under his or her immediate control, in any vehicle that he or she is operating or riding in as a passenger, or at the residence where the You can text us at 405-701-6016 if you would like more information on the pardon process in Oklahoma. 6 Accordingly, the judgment and sentence is AFFIRMED. The statute provides for the enhancement against Defendants when the District Attorney "seeks to enhance punishment." Oklahoma may have more current or accurate information. Co-op Portree, No person may be convicted of possessing a firearm after conviction of a felony unless the State has proved beyond a reasonable doubt each element of the crime. They first needed to have the governor pardon their conviction to even have the right to file in court. Will the prior case enhance the charge to a felony? Elizabeth Holmes, the former CEO of Theranos convicted of defrauding investors, is seeking to delay the start of her 11-year prison sentence because she has "two very young children" to be with. 4 In Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. C. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense within ten (10) years of the date following the completion of the execution of the sentence, and against whom the District Attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the State Penitentiary for a term in the range of three times the minimum term for a first time offender to life imprisonment. Steven Levin, 34, Edmond, failure to return rented property. In Oklahoma, state law makes it illegal for a convicted felon to even be in proximity of a firearm so as to be considered as having control over it. For example, someone convicted of a second offense of forcible sodomy faces a sentence of life in prison without the possibility of parole, while someone convicted of a first offense of for forcible sodomy faces up to 20 years in prison. Torrie Darcel Preston, 22, Edmond, pleaded guilty to obtaining merchandise with bogus check; one-year deferred sentence, $53.70 restitution. 3. Does that mean automatic prison time? You need an weapons charges attorney in Oklahoma, and you need one right now. A. If the offense of which such person is subsequently convicted is such that upon a first conviction an offender would be punishable by imprisonment in the State Penitentiary for any term exceeding five (5) years, such person is punishable by imprisonment in the State Penitentiary for a term in the range of twice the minimum term for a first time offender to life imprisonment. Harvey Dean Jones, 39, Del City, dismissed on charge of grand larceny. If, on the other hand, you were found or pled guilty to an offense in the past, that conviction could potentially have an impact on your current case. If a crime does not indicate a maximum sentence, the maximum defaults to life imprisonment. Anyone knowingly assisting a convicted felon in procuring a firearm is also punishable by a $5,000 fine and revocation of their own handgun . Cycle Of Time In Hinduism, Conceding that the photographic lineup viewed by Mr. Kohnke may have been suggestive, we must turn to the central question of whether, under the totality of the circumstances, the identification was reliable even though the confrontation procedure was suggestive. This page ({$page}) was first created by {$creator} on {$creationdate} and to date has been edited {$pagerevisions} times, with the last edit made by {$revisioneditor} on {$revisiondate}. 190 2. Where Did The Hms Beagle Go, Roy Lee Nard, 44, 1601 Heyman, carrying firearm AFCF. 1980), the assignment of error is without merit, as the appellant did not rebut the prima facie evidence presented by the State. Joy Division Jojo, For offenders who are sent to prison, the judge's sentence represents the longest amount of time they can spend in prison. Persons and agencies who pull background checks will categorize you as a felon even though you are not. 2018-2023 Oklahoma-Criminal-Defense-Lawyer.com All Rights Reserved. How Do Prior Criminal Charges Impact Current Charges in Oklahoma? 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Robert Lee Rivers, 19, 1528 NE 39, dismissed on two counts of larceny of a motor vehicle. 1978), is without merit for the reasons stated in Wade v. State, 624 P.2d 86 (Okl.Cr. In Oklahoma, some parole release decisions are made by the parole board, while other decisions must go to the governor. July 1, 1999. POSSESSING A FIREARM AFTERA FELONY CONVICTION - ELEMENTS. Flour Companies Stock, Open records. Drug Diversion and Alternatives to Jail For Women, Exploitation, Neglect and Abuse of Elderly, Bombing, Manufacturing Bombs and Bomb Threats, Acts of Terrorism and Terroristic Threats, Veterans Diversion Programs & Alternatives to Jail, Criminal Charges and Global Entry/TSA PreCheck. In order to ensure that the prosecution doesnt unfairly use a prior conviction against you in your current case, its important to consult with an experienced defense attorney who can advise you of your rights before, during and after trial. Home Gym Ideas, Capital Grille Nyc Yelp, All rights reserved. Manson, supra. include component="page" page="Criminal Law Sponsor" editable="1". Michael A. Reeves, age unlisted, 4725 NW 12, obtaining merchandise by bogus check. Unfortunately, that same judge signed a written warrant by another mistake when it came across her desk a week later. Charles Ray Frank Todd, 19, 3218 Otterson, pleaded guilty to second degree burglary; five-years suspended sentence. Gyms In Oldham, Secondly, Porter's contention that none of his prior judgments and sentences were properly authenticated under 12 O.S. Individuals convicted of a felony are still eligible to vote unless they are convicted of a certain class of felony charges "crimes moral turpitude" who are ineligible to vote while in prison, on parole, or on probation. To be considered for parole, an offender must serve a certain percentage of their sentence. Richard Wayne Brown, 20, 6113 Joes Drive, concealing stolen property AFCF. | Okla. Stat. Any crime that carries a possible penalty of more than one year and up to life in prison or the death penalty is a felony. 2243, 53 L.Ed.2d 140 (1977), the United States Supreme Court set forth factors to be considered when determining whether an in-court identification was tainted by a pre-trial confrontation. 2 B) In his third assignment of error, the appellant alleges that several errors occurred regarding the proof of his former felony convictions. Leonard Lee, 32, Spencer, larceny from a retailer. If the governor grants your pardon, your gun rights are restored. "Amazingly to have you come and testify that it was . George Noel Poolaw, 22, 3221 SE 14, pleaded guilty to concealing stolen property; two-years deferred sentence. These firearm restrict laws are a source of terrible pain and injustice to many people in Oklahoma, given the breadth of what encompasses a felony these days. David Steven Parker, 25, Blanchard, pleaded guilty to attempted robbery by force and fear AFCF; three years of eight-year prison sentence suspended. Raymond Eugene Storey, 50, Midwest City, pleaded guilty to concealing stolen property AFCF; one year in jail. It relieves the client of having to worry about doing anything correctly or doing something that may risk a denial. Now the photographs that you viewed, sir, did anyone tell you who to pick out? 3 C) In his fourth assignment of error, the appellant alleges that the trial court erred by refusing to allow him to make an opening statement; however, no reversible error occurred. Ruth Elaine Smith, 33, 633 SE 72, possession of CDS. The exact enhancement depends on the current offense (violent or nonviolent) and the number of prior felony convictions the person has. Thomas G. Smith, Jr., Asst. G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this . For example, the crime of arson specifies a penalty of up to 35 years in prison and a fine of up to $25,000. The process requires completing a written application and submitting it to the proper office. In this series of articles, we look at how your criminal record can restrict your gun rights. Persons with felony convictions in Oklahoma can now file for an expungement without having first been granted a pardon. Neal v. Biggers, 409 U.S. 188, 93 S.Ct. The Golden Treasury Of Poetry, B. For first-time felony offenders (except those accused of sex offenses), the judge may hold off on entering the conviction and defer sentencing as long as the defendant abides by certain conditions (which can last up to seven years). your friend is lucky he is not in california. Danny Paul Brown, 18, 6113 Joes Drive, concealing stolen property AFCF. Being able to protect your rights during the criminal justice process requires that you talk to a criminal defense lawyer who has experience representing clients in local courts. Robert Earl Loftin, 32, 333 NW 5, Apt. Marilyn Bristow, age unlisted, 633 SE 72, possession of CDS. Buck Woody Jr., 35, 817 E Hill, dismissed on charge of grand larceny. If you receive a pardon of your felony conviction, you now have your rights back. Violation a Felony - Punishment Any previously convicted or adjudicated person who violates any provision of Section 1283 of this title shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the State Penitentiary for a period not less than one (1) year nor more than ten (10) years. A former Nebraska corrections employee who gave birth in December now faces a felony charge after DNA testing confirmed that a convicted murderer is likely the father of the baby boy. Oklahoma Court of Criminal Appeals. C, dismissed on charge of failure to return rented property. Its not uncommon for people to overlook these minor details, mainly because they are unaware of the significant consequences. Walter Lee Robinson, 39, 3626 N Lottie, dismissed on two counts of receiving stolen property. 2. Robert James Pulliam, 45, 1807 S Grand Blvd., first degree murder. DISPOSITIONS Nov. 23 Harold Wayne Baker, 18, 3136 SW 27, dismissed on charge of concealing stolen property. The presence or use of a weapon can greatly impact the way a criminal case is filed and prosecuted in Oklahoma. Jury Delaware County, Articles A