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5 Defenses for the Charge of Receiving Stolen Property

Wed, 15 Jun 2022 19:11:11 GMT

One of the ways a criminal defense attorney can help you if you are charged with a crime is by presenting defenses which may convince a judge or jury that you are not guilty. Here are five defenses a criminal defense attorney may use if you were charged with receiving stolen property.

1. The Property Was Not Actually Stolen

For a judge to convict you of receiving stolen property, the property that you are in possession of must have actually been stolen. Unless someone can show that a thief stole the property and the owner incurred a loss, you cannot receive stolen property.

2. You Did Not Know the Property Was Stolen

To be convicted of receiving stolen property, you must have known, or a reasonable person should have known, that the property was stolen. For example, if an electronic device has the serial number scratched out, there is a good chance someone stole it. Or, if someone is selling high-priced goods for extremely cheap, the average person would think it was fishy and that the seller may have stolen the goods.

However, if you did not know someone stole the property and there was nothing suspicious or sketchy about the transaction, this may be a great defense for a criminal attorney to raise.

3. You Were Mentally Unaware of What Was Going On

You have a number of reasons why you may not have mentally been aware of what was going on. For example, you may have been mentally incapacitated, highly intoxicated, or high on legal or illegal substances when you took possession of the stolen goods. If you were not mentally aware of what was going on, you may not have been aware that you were buying or taking possession of stolen goods.

Not being mentally aware is a possible defense to receiving stolen property, but it is a challenging defense.

4. You Had an Innocent Intent in Possessing the Property

Not everyone who knowingly takes possession of stolen property has bad intent. If you have a friend who is a victim of theft, and you see someone selling the item, you may meet up with the seller in order to take possession and return it to the owner. Or you may know someone stole an item, but you may intend on turning it into police.

If you had an innocent intent when you took possession of the property, and your actions show that you were taking steps to bring the items to their owner or the police, a criminal defense attorney can use this as a defense for your case.

5. You Never Had Possession or Control of the Item

Verbally agreeing to take possession of stolen property is not the same as actually having control of or possessing the item. If you agreed to buy stolen property or agreed to possess it, but you never physically had it in your control, you never received stolen property.

In the state of Oklahoma, receiving stolen property with a value of less than $1,000 is a misdemeanor crime that carries a maximum fine of $500 and a county jail sentence of up to six months. If the property you received is valued at $1,000 or more, it is a felony charge that can carry a maximum fine of $500 and up to five years imprisonment in state prison.

If you receive stolen property, the conviction can be steep and life altering. Here at The Kanehl Law Firm P.L.L.C., we will vigorously work to defend you against criminal charges, get the charges against you dismissed, or obtain a plea deal that is beneficial to you, depending on the circumstances of your case. Call us now to get started.

4 Common Legal Defenses for Drug Possession Charges

Wed, 15 Jun 2022 19:07:56 GMT

Many people are arrested for drug possession. If this happens to you, you may be completely innocent of drug-related charges. If you have been arrested for drug possession, check out these four common legal defenses to better protect yourself.

Unwitting Possession

Unwitting possession means you either didn't know you were in possession of drugs or you didn't know the substance was drugs. For example, if someone stores some drugs in the back of your car without your knowledge, you could get arrested. If a police officer pulls you over for speeding, reckless driving, etc., and they see the drugs, they may insist on a search, which can make you look guilty.

Similarly, you may be fully aware of a package in the backseat, but you don't know it contained drugs. For example, the person who gave you the drugs may have stored cocaine in a bag of flour. If you and your attorney can prove you didn't know anything about the drugs, you should be able to win your case.

Lack of Possession or Missing Drugs

If you choose the lack of possession defense, you basically claim you had no drugs. Perhaps you do have a bag of flour in your car, but it's in a plastic bag instead of an actual flour bag. An officer may find this suspicious and may arrest you. If you tell the office the substance isn't drugs, they can easily test it to verify, so your case will likely be dropped.

Similarly, even if drugs were found on your person, they may get lost during the transfer of evidence. If this happens, you may be able to argue that there were never any drugs, and since the physical evidence will be missing, the courts may have no proof against you.

Medical Exception

Some controlled substances have medical exceptions. In Oklahoma, recreational cannabis is illegal, but medical marijuana is legal (if you have a medical marijuana card). Therefore, you can legally have cannabis on your person. If you can prove you have a medical marijuana card, you shouldn't even get arrested.

If you don't have a medical marijuana card, but you can prove you have a qualifying illness, the courts may reduce your sentence.

Of course, even though medical marijuana is legal, that doesn't mean you can have as much as you want. Oklahoma laws limit the amount of cannabis you can have to 1.5 ounces or less. Therefore, if you are found with five ounces of cannabis, you can be arrested and may even be accused of attempting to sell or distribute the product illegally.

Police Abuse of Power

Finally, in some cases, the police may abuse when they search for drugs. For example, if an officer pulls you over for speeding, but they don't see any drugs or anything suspicious through your windows, they can't order you to let them search your car. Police have to have a valid reason for such a search.

Another abuse of power is entrapment. In other words, an office could manipulate the situation to ensure someone will buy, use, or possess drugs so that they can arrest them. This may be as simple as an undercover officer walking up to you and asking if you want to buy drugs. On the other hand, if you approach an undercover officer and request drugs, it's not usually considered entrapment.

Your attorney is your best ally in creating a coherent, strong defense against drug-related charges. If you have been arrested for drug possession and you want to know what you can do next, contact us at Kanehl Law Firm PLLC today.

Understanding Parental Kidnapping in Oklahoma

Wed, 15 Jun 2022 19:05:55 GMT

The idea of being charged with stealing your own child may seem absurd to you. Indeed, in many cases, you do have full rights to your children as long as you're looking out for their well-being. However, in cases where parents are unmarried or separating, parental kidnapping can come up. Find out what your rights are as a parent so you don't get charged with parental kidnapping.

Child Custody Laws in Oklahoma

Child custody laws in Oklahoma depend on the situation with the parents. If the parents are married or the father has established paternity, either parent may claim physical custody of the child. In cases of separation, the above holds true unless the courts have ruled otherwise.

If the parents divorce, the courts will establish custody. The following custody plans are available uniformly across all states:

Joint custody: Both parents have custody and share all responsibilities
Sole custody: Only one parent has custodial rights
Split custody: Children are split between the parents
Birdnesting: The children stay in the home while the parents rotate through

The joint custody plan should preclude any allegations of parental kidnapping unless one of the parents violates the agreement. The other plans are open to parental kidnapping.

For unwed parents, fathers have custodial rights in certain circumstances. A father has custodial rights if he's named on the birth certificate. He can also petition for custody during a formal establishment of paternity.

Parental Kidnapping in Oklahoma

Oklahoma doesn't distinguish between kidnapping by a parent and other forms of kidnapping. In Oklahoma, anyone who takes or entices away a child in a malicious, forcible, or fraudulent way may commit child stealing if they intend to detain or conceal the child from whomever has lawful charge.

Additionally, anyone who takes the child to another state or another country without consent from the person who has lawful charge of the child may be committing kidnapping. Anyone found guilty of child stealing may earn up to 10 years in prison.

Both of those scenarios can be applied to parents.

Examples of Parental Kidnapping

The most obvious example conforms to the first part of the law. One of the parents, without legal custody, takes the child and hides the child from the other parent.

Other examples are less clear. For instance, let's say you want to take your children out of the state or country during a school break. If the school break is your custodial time, you shouldn't need to get consent from the other parent. If the break isn't your custodial time, you must get consent from whomever has lawful charge to avoid possibly getting charged with parental kidnapping.

The situation becomes less clear when the parents haven't established a custody agreement. For instance, perhaps the father is listed on the birth certificate but he never filed for custodial rights. He probably should get consent before taking the child out of the state, but establishing parental kidnapping would be difficult if he brought the child back in a timely manner.

Defenses to Parental Kidnapping Charges

If charges of parental kidnapping come up, defense attorneys do have some options for defending their clients.

One defense is to establish the parent had lawful custody at the time. The best method is with an intact and detailed child custody order. If the parents are married or only separated, either parent has rights to the child as long as there was no intent to conceal the child from the other.

Another defense is current custody of the child. Parents could argue they were already in custody of the child at the time the custody and visitation order were made. So, they weren't in violation because the order didn't exist yet.

The third defense is that the parent in question was fleeing instances of domestic violence. This defense admits that parents were violating the custody order, but they were doing so to keep themselves and their child safe.

The best way to avoid accusations of parental kidnapping is to establish a clear custody agreement and maintain communication with the other custodian. If you've been charged with parental kidnapping, contact Kanehl Law Firm PLLC.

Common Crimes Juveniles Are Charged With

Wed, 15 Jun 2022 19:02:01 GMT

Anyone facing criminal charges needs an excellent attorney to defend them, and if a juvenile is involved, you need an attorney that understands the juvenile court system. The crimes that juveniles are typically involved in are often minor crimes, but they can still end up in court. If you want the best outcome, it is a good idea to hire an attorney to represent the juvenile in court.

Common Juvenile Crimes

Juvenile crimes are often the same crimes as adults, but the details of the crimes are often different. Here are some common juvenile crimes that can involve juveniles.

Theft or Larceny

Theft or larceny is the most common crime that juveniles face. Sometimes it is a shoplifting charge, and other times it may be something like stealing a bicycle or a backpack from another child. While the crime may seem minor, the court may see it as very serious. Depending on the dollar value or past offenses, the punishment for the offense could have potential jail time with a conviction.

Vandalism

Vandalism is another common crime involving kids. Many times, the crime may involve tagging a building, train car, or some other property, but it could also go as far as intentional damage to a car, a house, a public building, or just about anything else. Often, the kids may think vandalism seems trivial, but not to the court. A lawyer may be critical for the case to have a positive outcome.

Alcohol and Tobacco Crimes

It is not uncommon for kids to try things like smoking or drinking. While these aren't crimes in and of themselves, underage purchase of alcohol and tobacco is illegal. Often, charges for teen alcohol and tobacco use are a result of teens trying to purchase these items or get an adult to buy the things for them.

Hire the Right Attorney

Juvenile cases have a lot of very specific differences than adult cases. Because of these differences, you must hire an attorney with experience with the juvenile court system.

Most attorneys will talk with you about the case before they decide to take the case and let you know if they feel you have a good case and should fight it or not. In many cases, the attorney will not charge you for the initial consultation, but you need to check with the lawyer's office before assuming there will be no fee for the first visit.

Juvenile Rehabilitation

In the juvenile system, one big difference is the sentencing and punishments. The juvenile system seeks to rehabilitate the offender rather than punish them. If the system can turn the juvenile around and change their path, then they will hopefully not end up in the adult system later.

One way that the juvenile court system may try and rehabilitate the juvenile offender is to use alternatives sentences. They may use community service as a way to punish the crime without locking the child up in a cell with offenders that may be much more hardened than they are. Often, they will have to pay a fine or restitution as well.

If the crime is severe, the juvenile system may not try the case. If the case goes to the adult court, it is critical to have an attorney that can work between the two systems.

At The Kanehl Law Firm P.L.L.C. , we have the experience to handle your juvenile case and even change gears should your case land in the adult system. Give us a call so we can set up an appointment to go over your case and determine if we are a good fit for you.

What to Expect If Your Child Is Pulled Over for Drunk Driving

Wed, 15 Jun 2022 18:59:31 GMT

Drunk driving is one of the leading cause of accidents . However, unlike speeding or running red lights, drunk driving must be treated differently when the driver is under the legal drinking age. If you would like to better protect your child, check out what to expect if your child is pulled over for a DUI.

They Will Most Likely Be Arrested

In most states, including Oklahoma, the legal drinking age is 21. At the same time, even if you are 21 or older, it's illegal to drive with a blood alcohol content (BAC) of 0.08 percent or higher. However, if you are under the age of 21, you may be arrested for drunk driving if you have a BAC of 0.02 percent or more.

Oklahoma, however, is one of a handful of states that follows zero tolerance laws. Therefore, if your child is pulled over, and they have a BAC of anything above 0.00 percent, they can be arrested for driving while under the influence, and they may also be charged with underage drinking.

They May Face Fines and Community Service

In many cases, if your child is arrested for drunk driving, they will be charged with DUI under 21, which requires no jail time. Instead, your child will face fines and community service. If it's your child's first DUI offense, they may have to pay between $100 and $1,000 and participate in 20 hours of community service.

For a second offense, the fine is the same, but this time, your child may face 240 hours of community service. If your child is arrested for a third DUI, they may have to pay up to $2,000 and face 480 hours of community service.

They Will Need to Attend Treatment

Alcohol is an addictive substance, and if your child is drinking before the age of 21, there is a higher chance of them developing an addiction or dependency. For this reason, before your child is sentenced, an assessor will evaluate your child's mental health and their relationship with alcohol and drugs.

During sentencing, the judge will use this assessment to determine what type of (if any) treatment your child needs to help them in the future so they don't break the law again. This may involve inpatient treatment to fight addiction, or it may involve education classes to teach about the dangers of drinking and drunk driving. If your child refuses to attend treatment, it may result in jail time.

They Could Lose Their License for Years

Regardless of age, if you are convicted for drunk driving, your license will be suspended for a specific amount of time. For underage drunk drivers, they may lose their license for six months for a first offense and a year for a second offense.

If they get arrested and convicted a third time, the courts may insist on suspending the license for three years or until your child turns 21. Depending on your family situation, however, your child may qualify for a modified license. For example, if they can't get to school without driving themselves, the courts may allow them to drive to and from school.

They May Face Punishment From School

Having a DUI on your record can affect many parts of your life, including your ability to get affordable car insurance. However, if your child is in college at the time of the DUI, they may face additional charges that can affect them for life.

If it's your child's first offense, and they haven't gotten into trouble at school yet, they may only face small disciplinary actions or extra community service. However, if your child has several DUIs or a history of other issues at the school, they may actually be expelled.

Regardless of age, driving while under the influence comes with consequences. When the driver is under the age of 21, however, it can affect them for life, especially if they get expelled from college. If you need help with your child's DUI case, contact us at the Kanehl Law Firm PLLC today.

Knowingly Concealing Stolen Property Charges: What You Should Know

Wed, 15 Jun 2022 18:54:28 GMT

A charge of knowingly concealing stolen property can happen to anyone, and it can happen without warning. For example, a roommate may suddenly show up with new electronic gear or a friend could ask to store some of their belongings at your home. The first notice of a problem may only occur when the police arrive. Here is what you need to know.

Know the Penalties
It is not only the thief who faces felony charges when the police discover the stolen property. Felony charges also take place when someone buys, sells, or hides stolen property valued at over $1000. The charges could include incarceration of up to five years and a maximum fine of $500.

The punishment only applies to people who the court finds guilty of the charges, so you need to immediately talk to a lawyer and begin planning your defense if an arrest or charge of concealing property occurs. The prosecution must prove the defendant knew their acquaintance stole the property.

Build Your Defense
You cannot rely on the willingness of the person who stole the items to clear your name. People will usually worry about their defense first and may even choose to accuse you. Defendants need to build a case based on their proof. The proof will depend on how you came into possession of the items.

Bring in witnesses that can attest to the fact that the property was in a shared space and you never used it or had any reason to question where it came from. Try to find a receipt that showed you bought the items and believed they were the property of the seller. Show any texts or emails that mentioned the items the other person wanted to store with you.

Admit Your Mistakes
Sometimes people make mistakes. You may have a viable defense, even if you knew the items were stolen and took in the property willingly. People with a history of mental illness may have enough proof to show their inability to make reasonable choices. Intoxication at the time of the agreement could also help, but only if you were unknowingly intoxicated by someone else.

Understand Their Requirements
The United States court system does not view people as instantly guilty. The prosecution must prove the defendant committed the crime. One way this may happen is by saying you should have known the status of the stolen property.

Certain signals arise when people receive stolen goods. The person may have dropped them off in the middle of the night and told you to mention the event to no one. The property may be in your possession but locked away from your sight. The person may be poor and then arrives unexpectedly to drop off luxury goods, high-priced tools, or other items for you to keep safe.

If your situation includes one of these suspicious events, you need to show why they do not prove your guilt. You may have heard your friend inherited money from a relative or that the items were a gift for someone and needed to stay secret. It is even possible that the person who left the property often acted unusual but had never engaged in criminal behavior.

You cannot expect that a denial from you will be enough to convince the court. You should also not rely on a clean criminal record to be enough proof of innocence. Contact us at the Kanehl Law Firm P.L.L.C . As criminal defense attorneys, we will work with you to build your case and give you the protection you deserve. Contact our firm today to get started.

Tips for Your Child Custody Dispute

Wed, 15 Jun 2022 18:49:55 GMT

Child custody disputes are cases no parent ever hopes to be involved in, but you can increase your chances of the best outcome for everyone if you know what to expect to help you prepare to prove your case.

How to Prepare

Custody disputes are involved cases that require a thorough knowledge of family law. For most people, it's best to hire an attorney to help with all of the necessary legal paperwork and court filings.

One of the most important things you can do to prepare for your case is to document everything you can that has to do with your child, your relationship with your child's other parent, your living situation, and your employment. Keep letters, forms, documents from school, healthcare records, pay stubs, and any other documentation you think might be relevant.

Your attorney will be able to advise you about the specifics of your case so that you know exactly what you need to have for court.

During this time, you should also focus on your child. You'll want to build the best possible environment for your child. Make sure all of your child's needs are met and that you are providing a stable home with consistent parenting and emotional support. Try your best to cooperate with your child's other parent as much as possible, and follow any legal custody agreements that are currently in place.

What to Avoid

Custody disagreements make for extremely stressful times for everyone involved. Remember that your child is the priority, and try not to talk negatively about your child's other parent in front of them. Have discussions about your custody dispute and court proceedings away from your children.

Don't change your current visitation time if you can help it. Parents who frequently cancel or reschedule visitation time or arrive late don't look as good in court as parents who are consistent and reliable with their current parenting time. Similarly, don't prevent your child from spending time with their other parent unless there is a safety concern.

It's best to wait to introduce any new romantic partners to your children until after your custody dispute is decided. It may not look good in court if a child is exposed to other people in the middle of a custody dispute when it's unknown how long and how healthy or unhealthy those new relationships will be for the child.

How Custody Is Decided

Family courts consider many things to determine what type of custody arrangement would best suit the child involved in every custody dispute. Some of the factors considered include the parents' ability to provide financially for the child, their mental and physical health, their past relationship with the child and their ability to have a healthy relationship in the future, their parenting skills, and their criminal history.

In most child custody hearings, the court will hear testimony from both parents. Some custody hearings involve testimony from other people, such as family members or child caregivers, as well.

In some cases, the court may appoint a guardian ad litem (GAL) to investigate the parents and their homes. If you have a GAL appointed in your case, the court will consider the results of their investigation and any testimony they give as well. While the court will consider the guardian ad litem's evaluation, the court isn't obligated to follow any of the GAL's suggestions and may rule differently if other facts and evidence in the case change the situation.

Once the court has ruled on your case, it's important to follow the custody order as written. You can file an emergency hearing if your child is ever abused or neglected in another person's custody.

The best way to increase your chance of a positive outcome for your custody case is to hire an attorney. Kanehl Law Firm, PLLC, has an experienced family law team to help clients in Oklahoma. Contact us today to schedule a free consultation to discuss your case.

When Should You Hire a Criminal Defense Attorney?

Wed, 15 Jun 2022 18:37:23 GMT

Naturally, if you go to court for criminal charges, you want an attorney in your corner. However, even before the trial (or if you forgo a trial), you may need a skilled attorney to help you get out of trouble or reduce your sentence. If you would like to learn more, check out these four instances when a criminal defense attorney is imperative.

1. The Police Are Interested in Talking to You
If you are a suspect or person of interest in a criminal case, the police may want to talk to you. If the interrogation is a custodial investigation, your Miranda rights kick in, giving you the right to counsel, even if you can't afford your own attorney. A custodial investigation typically refers to any interrogation where you aren't free to leave.

Once you've requested an attorney, the police can no longer talk to you until the attorney is present. If you continue to talk without an attorney present, you may inadvertently waive your rights. A skilled attorney will prevent you from answering questions that may incriminate you or corner you. They can also speak on your behalf so you don't accidentally say anything incriminating.

2. You've Been Arrested and Charged
If you've been arrested and charged for a crime, contact an attorney as soon as possible. The main reason for this is to preserve evidence to bolster your case. For example, if a witness saw the crime in question or they saw you far from the location of the crime, getting a statement early is crucial. As time passes, the witness's memory may become foggy.

An attorney can also guide you on the best course of action for your situation, such as proving innocence versus accepting a plea bargain. Plus, they can fight for you when it's time for your bail hearing. They may be able to reduce your set bail or remove unfair stipulations to your bail.

3. The Police or Courts Made a Mistake
Everybody makes mistakes, including police officers and the courts. When the legal system makes mistakes, however, it can lead to major consequences. Therefore, if you believe the police or courts have made any mistake before, during, or after your arrest, you need an attorney. Common mistakes include illegal search and seizure, excessive force, and forgetting to notify you of your Miranda rights.

In some cases, your attorney may be able to flip the tables and sue the police for wrongful arrest. However, you can't sue just because the courts later decided the guilty verdict was wrong. For example, if new evidence appeared that exonerated you, you can't sue for false arrest. However, if the officer who found the evidence purposely hid or destroyed it, you may have a case.

4. You Want to Accept a Plea Bargain
If you committed the crime for which you are accused, you may want to accept a plea bargain instead of going to court. Your attorney can help you determine if a plea bargain is the right deal. For example, if there is a lot of evidence against you, you'll probably be found guilty. A plea deal will save you time, stress, and money over a court hearing.

In most cases, a plea deal has a reduced sentence, reduced charge, or fewer charges. Therefore, if you and your attorney feel you will be found guilty anyway, a plea deal could result in a significantly reduced sentence.

A good attorney can help you before, during, and after an arrest. They have the right advice and knowledge to help you prove your innocence or reduce your punishment. For more information, or if you're ready to talk to an attorney, contact us at Kanehl Law Firm PLLC.

4 Commonly Asked Questions About Bail

Wed, 15 Jun 2022 18:35:00 GMT

If you or a loved one has been arrested, you may have a lot of questions, especially about bail. While some people must stay in jail before their hearing, bail allows many people the freedom of going home. If you would like to know more, check out these four commonly asked bail questions.

1. What Is Bail?

Without bail, you would get arrested and await your trial in jail, which could take months or years, depending on the circumstances of the case. The time you spend awaiting your trial is put toward your sentence if found guilty. Therefore, if you wait three months in jail for your hearing and are sentenced to six months, you've already completed half your sentence.

Most people, however, want to get out of jail and spend time at home to prepare for the hearing, especially if you are innocent of the crime for which you are accused. To do this, you must post bail, which is a monetary amount the courts assigned. The courts allow this because bail is a good incentive for you to attend your hearing; if you don't attend the hearing, you lose the bail money.

The bail amount is often pre-set for many crimes, which streamlines the process, so you can get out of jail and back to your regular life sooner. However, in extreme cases or for abnormal crimes, you may have to wait in jail to talk to a judge before being released.

2. How Do You Pay for Bail?

You can pay bail in many ways. Naturally, you can use your own money, or you can borrow from a loved one. If you don't have enough cash, you can use collateral, such as a house, to serve as bail. The money or collateral is returned after your hearing unless you run. If you pay the money yourself, however, you have to pay the full bail amount up front.

If you can't afford this, you may consider a bail bond agent. Bail bond agents offer surety loans for bail. They pay the full amount, and you pay a 10 percent fee. The fee is non-refundable. If you refuse to attend your hearing, they may send someone to find you or revoke the bond, which would mean you go back to jail.

3. What If the Bail Is Too High?

In some cases, bail is too high to pay. Even if you hired a bail bond agent, the 10 percent fee may be too much because of the total cost of the bail. However, you do have the right to request a bail reduction hearing. The downside is that you must wait in jail for a judge to hear your case, which could be a few hours or a few days.

The goal of a bail reduction hearing is to prove that the court made your bail so high that you can't pay it, thus rendering it pointless. Your attorney may even argue the courts basically denied bail because of the bail is ridiculously high.

However, this doesn't mean your bail will go down to nothing. The courts have a legal right to set bail high enough to force you to "go to great lengths" as long as they don't violate the Bail Reform Act.

4. Can Bail Be Increased?

Outside forces can also increase your bail. For example, if the alleged crime has victims and their injuries got worse, the courts may increase your bail to better fit the crime and potential punishment. Your past criminal record also plays a role, and the judge may even call you back from parole or probation to put you back in court.

Finally, if the courts see you as a threat to public safety, your bail may be fully revoked. If it isn't, expect the bail amount to be set high so the incentive for you to attend your hearing is greater.

Bail is common, and you can post bail in many ways. Plus, if you feel the bail is too high, your attorney may be able to get it reduced. If you would like to learn more, contact us at the Kanehl Law Firm PLLC today.

4 Common Legal Defenses to Murder

Wed, 15 Jun 2022 18:07:05 GMT

Of all crimes presented in society today, a murder charge is one of the most severe charges you are likely to face in your lifetime. This severity is primarily due to the hefty penalties first-degree murder can bring, including several years to life in prison , steep fines, or death.
Being accused of murder can also lead to serious, long-lasting social consequences to the accused, their families, and their friends, even without a conviction.

Suppose you or your loved one gets accused of murder. In that case, you should hire an experienced criminal lawyer to argue that you are not guilty of first-degree murder. Here are four common defenses a criminal attorney may use to win a murder case.

1. Mistaken Identity
In some circumstances, innocent people get charged with crimes they did not commit due to the mistaken identity of the perpetrator. In most criminal cases, law enforcement agencies will rely on eyewitness identification of a suspect.

While eyewitnesses are honest people trying to do their best to help serve justice, human memory can be more fallible than most realize, leading to witnesses misidentifying individuals due to their resemblance to the actual perpetrator.

Some factors that lead to mistaken identity include:

Misidentification by a lineup or photo array
Malicious accusations
Poor visibility
Faulty memory

A criminal defense attorney can argue that the prosecution has charged the wrong person with murder if they can prove that you were not in the area where the murder occurred at the time the murder happened.

2. Self-Defense
One universally accepted principle is that people can use equal force to protect themselves or their loved ones when attacked with life-threatening force. Although the legal system discourages the use of deadly force against others, you might use deadly force to protect yourself as you attempt to retreat or avoid danger.

In a court of law, you must prove beyond reasonable doubt that the threat against you or your loved ones was imminent for your response to have been permissible. But, perhaps, more importantly, your attorney will prove that you did not instigate the threatening situation and that there was reasonable fear of death or severe bodily harm.

3. Insanity
The defense of insanity is available for many crimes, and most states recognize this plea as a defense to a murder charge. When an insanity defense is employed, it means that the defendant is suffering from diminished mental responsibility, has an abnormality of mental functioning from a recognized medical condition, or is substantially impaired to realize that the act is wrong.

A criminal attorney may employ the insanity defense to claim the accused is not criminally responsible for their actions, even if the said act can be considered a crime under different circumstances.

4. Unavoidable Accident

A misfortune or unavoidable accident serves as a legal defense to murder if you can prove that:

You had no criminal intent to harm the other person
Your actions were not because of culpable negligence
You were acting according to the law at the time

To be absolved of murder charges, the lack of intent is vital because a murder conviction must illustrate malice or a plot to commit the crime intentionally.

That said, you cannot rely on a defense of an unavoidable accident for a deliberate act that resulted in the death of another person, even if their death was not the intended eventual result.

The stakes are high when you are of facing a murder charge. One of your top priorities when facing a murder charge should be enlisting a criminal defense attorney as quickly as possible for the best legal defense. Here at The Kanehl Law Firm PLLC, we will tirelessly craft a defense against your murder charge to gain you the best possible outcome. Contact us now to get started.

Frequently Asked Questions About Legal Guardianship

Wed, 15 Jun 2022 18:06:07 GMT

Sometimes, a person other than a person's biological parents needs to obtain guardianship of a dependent. Guardianship legally designates a court-appointed guardian, typically a family member or relative of the minor, as responsible for the minor or disabled adult's care, as well as the care of their property.

Guardians are appointed when an individual is unable to take care of their own affairs, whether they're a minor or an adult with either full or partial incapacities. Take a look at some of the most common questions surrounding legal guardianship.

What Forms of Guardianship Exist?

In some cases, a ward, or a person whose care responsibilities are appointed to a guardian, may be able to care for themselves and their affairs in one way, but not in another. Because of this, three primary forms of guardianship exist:

General guardianship - This occurs when a ward is appointed a guardian responsible for all aspects of their care and property.
Limited guardianship - A guardian may be appointed with limited care requirements or powers over their care and property.
Special guardianship - Otherwise known as emergency guardianship, this designation typically lasts only several days but is not to exceed 30 total consecutive days.

When Is Guardianship Necessary?

In short, a guardian is appointed in the event that a minor or incapacitated adult requires care that they cannot provide for themselves. Minors, by nature, legally require a parent or legal guardian to assume their custody.

An adult in need of guardianship must be incapacitated or partially incapacitated and be unable to make sound, reasonable decisions for their own wellbeing. Legally recognized causes of incapacitation include physical or mental illness and disability, drug or alcohol dependency, or when an individual lacks the capacity to both process and communicate information regarding their health and safety.

How Is Guardianship Granted?

Guardianship may be granted through a number of processes, but a few situations are most common. Guardians may be appointed by the state in the event a ward has been abandoned, orphaned, or neglected, or a parent or previous guardian's rights are terminated.

An existing parent or guardian may also select a guardian either in life or death. A parent or caregiver's will may propose a legal guardian in the event of their death, or they may file a form to recommend an additional guardian if the ward only has one current parent or guardian responsible for their care. In every case, guardians must be approved by the state and legally designated as fit.

Who Is Eligible to Become a Guardian?

Anyone with investment in the ward's care may apply for guardianship. Courts consider applications from persons over the age of 18 who demonstrate legal fitness, including spouses, adult children, siblings, aunts, uncles, grandparents, parents, adults with whom the ward has resided with for over six months, and any adult nominated by the ward for their own guardianship.

What Is the Difference Between Guardianship and Conservatorship?

These terms are often used interchangeably, and in many cases, the use of both terms is appropriate. However, conservators are typically primarily responsible for a ward's property and finances, and the term is typically for situations with adult wards that have been deemed incapacitated fully or partially.

What Are a Guardian's Responsibilities?

A guardian assumes financial, legal, health, and safety responsibilities for the ward under their care. Guardians are entrusted with legal authority to make decisions for a ward and must submit a care and management plan to the court for review.

Guardians are required to maintain continuous communication with their ward and communicate with the courts once per year regarding the status of and updates about their ward.

For additional questions about guardianship laws, contact our offices. The Kanehl Law Firm P.L.L.C. has a qualified team of attorneys that have helped dozens of families in Oklahoma. Contact us today to schedule a free consultation.

How to Produce the Best Outcomes in Child Custody Disputes

Wed, 15 Jun 2022 18:05:20 GMT

Child custody can be very tumultuous for everyone involved. When going through a divorce, both parents often have difficulty adjusting to life after the divorce. Everything is different, from the loss of companionship to their financial status.

However, the adults are not the only ones having to adjust. Post-divorce is also hard on your children, and very often, they find themselves in the middle of a child custody battle. Child custody does not have to be adversarial; there are ways to produce better outcomes, and here are a few.

Be Child-Focused
Your child is not responsible for what went wrong in your relationship. When emotions are high, it is easy to get distracted about what you should be concentrating on, which is your child.

During your child custody dispute, the focus should be on what your child needs and wants instead of your wants or needs. One way to do this is to consider decisions you are making from your child's point of view.

Take Your Children Out of the Middle
Unfortunately, many parents think that looking at things from their child's point of view means forcing their child to choose what side they are on. Children should never have to choose one parent over the other.

They should be allowed to love both equally without feeling disloyal to the other parent. Custody and living arrangements should be what are best for your child. Some of the things to take into consideration include:
Your child's age and preferences

Your child's academic and extracurricular activities
Your careers and social commitments
Any necessary child care arrangements
Can both of you meet your child's needs with reasonable accommodations, or would your work schedule or lifestyle create significant hurdles in providing the care your child needs? Honesty on both parts will go a long way to producing the best outcomes.

Practice Effective Communicate Skills
Effective communication is understanding the emotions and intentions behind the words used. Communication is a two-way street of not just conveying your message but listening to what the other person is saying.

Unfortunately, this is not always an easy process, especially when emotions are high. You may say one thing, and your ex may hear another. Ineffective communication will lead to misunderstandings, frustrations, and future conflicts. Effective communication will require patience on both you and your ex's part.

Effective communication is something that will probably require practice. Learning to and practicing effective communication skills will allow you to communicate better with your ex and with your children.

Understand the Differences in Your Parenting Styles
According to research performed by Diane Baumrind in the 1960s, there are four basic types of parenting styles. These are:
Authoritarian or Disciplinarian
Permissive or Indulgent
Uninvolved or Neglectful
Authoritative

Each of these styles is directly related to the different behaviors and qualities they produce, although each child's response can be different. Understanding the parenting style you and your ex participate in will help you understand how your custody decision will affect your child in the long run.

Remember the Golden Rule
Simply put, you need to remember to treat others as you would like to be treated in that situation. Remembering and abiding by the golden rule during your custody dispute means treating your ex with respect, kindness, and fairness. These three elements will produce the best outcome.

The Kanehl Law Firm P.L.L.C. attorney at Law will help you work out the best custody arrangement between you and your ex. Our extensive skills and knowledge can help you facilitate and record an agreement in your child's best interest. Give us a call today to get started.

4 Options for Survivors of Spousal Rape

Wed, 15 Jun 2022 18:01:32 GMT

It can be hard for some to understand why a survivor of spousal rape would stay in the relationship or situation. Each survivor of spousal rape may be mentally affected differently than others. Some survivors may not be financially well enough to leave their current situation. No matter what the situation is, it is important for anyone who may be suffering from spousal rape to be educated on their options.

Important Terms to Know

When talking about rape, a few terms may appear more than once. It's important to be educated on what those terms mean.

Rape. Rape is considered a sexual act where one or more parties did not consent or the perpetrator used force or coercion to carry out the act. Rape can also occur when a person is unable to provide consent (e.g. intoxicated, sleeping, etc).
Consent. Consent is when all parties of a sexual act actively agree to participate.
Coercion. Coercion can occur when a perpetrator uses their power over someone to make them feel threatened into following through with the sexual activity or making them feel like they owe the perpetrator sexual intercourse.
Force. Force can occur when the perpetrator physically compels someone into having sexual intercourse or uses drugs or alcohol to impair them.

Spousal Rape in Oklahoma

In 1993 , all states moved to recognize that a spouse or partner does not have ownership over the other partner's body. Though the laws may slightly vary by state, both partners need to consent to sexual activity before it takes place. Oklahoma is one of the states that may punish a spousal rape charge the same way any other rape charge may be punished.

Four Options for Survivors of Spousal Rape

Just like any other survivor of rape, a survivor of spousal rape has multiple options. It is important to know these options even if you've never been a victim of rape. They could be helpful to you or a loved

one in the future.

1. Report the Assault to the Authorities

This may seem like an obvious option to some. However, this can be a more difficult option for those who have fallen victim to their own spouse or intimate partner. Spousal rape can be more difficult to prove than any other rape because you are most likely sexually intimate with your partner, but that does not negate from the crime at hand. Spouse or not, all perpetrators deserve to be held accountable for their actions.

2. Leave or File for Divorce

This option can be difficult depending on the hold the spouse has on the survivor. There can be other forms of abuse in the relationship, including financial abuse, that make it difficult for the survivor to financially be able to leave on their own. If you are able to find a safe place to stay (with a trusted family member or friend, at a shelter, etc) this is a good option. Many shelters even offer assistance programs.

3. Find Resources on the Internet

If you can safely search on the internet for programs or resources in your area to leave your current situation, you should do so as soon as possible. There are hotlines on the internet, such as hotline.org, that you can reach out to that can help you create a safety plan. You can speak to someone who has been in your shoes or who is educated on the proper steps to take and will help you create a plan personalized for your situation.

4. File a Restraining Order

This can be a very important step that many may not deem necessary until it's too late. If you have sufficient grounds for a judge to grant you a restraining order, do not take a chance - get the restraining order. This can provide you with a little extra safety as well as peace of mind.

If you've experienced spousal rape and need legal assistance, contact us at The Kanehl Law Firm P.L.L.C. to schedule your free consultation.

8 Legal Terms Everyone Should Know

Wed, 15 Jun 2022 17:58:13 GMT

When you have your first time in court, the legal jargon thrown around can overwhelm and intimidate you. This can especially happen if you don't have a law degree. You may also have a hard time understanding legal documents since they are often full of legalese.

Most legal terms are Latin derivations, so unless you studied Latin in high school or college, you might not understand any of them. Although you may never use legal terminology in your daily conversations, if you are involved in a case, you may want to have a basic understanding of legal terms since your attorney and the judge involved in your case will use them a lot.

Discover eight legal terms you should know.

1. Damages

Attorneys use the term damages to refer to the amount of monetary compensation that a client wishes to recover from a lawsuit. Various categories of damages exist, such as economic damages, which may refer to compensation recoverable for lost wages or profit and out-of-pocket expenses, and non-economic damages such as compensation for pain and suffering, physical injuries, permanent disabilities, and emotional distress.

2. Credibility

Credibility is an essential factor in all lawsuits. In court, credibility refers to a person's believability or trustworthiness when recounting their side of the story. In a lawsuit, the first step in building your credibility involves telling your lawyer everything involving the incident related to your case.

Credibility is especially useful in a case where opposing parties tell different stories, forcing the judge or jury to decide who the honest party among the two is.

3. Deposition

A deposition is an oral statement made on oath by witnesses in a case. A court reporter records everything said in a deposition, and witnesses must sign the transcript to prove its accuracy. Witnesses are not allowed to make changes to any parts of the transcript.

4. Pro Se

Pro se is Latin for the term for oneself. It refers to a defendant's right to defend themselves in court. However, you have a better chance of a good outcome in court if you hire a good lawyer to represent you.

5. Affidavit

The word affidavit originates from a Latin phrase that means, he has declared under oath. An affidavit refers to a written statement of facts said by an individual under oath. A court officer authorized to administer oaths must sign an affidavit for it to hold water in court.

Lying under oath in a trial in Oklahoma may result in a perjury charge, for which the accused may serve a jail sentence for anywhere from two to 10 years.

6. Standard of Proof

The standard of proof refers to the degree of evidence required by the court to charge a defendant. Three levels of standard of proof exist. That is, the preponderance of the evidence, clear and convincing evidence, and evidence beyond a reasonable doubt. Beyond a reasonable doubt is the legal standard of proof necessary to validate a criminal conviction.

7. Acquittal

Hearing the term acquittal in court might be a cue for you to start celebrating. An acquittal means that the court has not found the accused person guilty. A person may be acquitted if there is insufficient evidence to prove they committed a crime.

8. Liability

Liability is a term used to refer to an accused party's responsibility for damages or injuries suffered by another. A party found liable for a crime is responsible for paying any compensation related to the crime.

We understand that the legal terms described above may be a lot to take in when you have a looming court date. So if you have further questions, contact us today to schedule a free consultation.

Income Shares Model for Child Support: Basis and Determination

Wed, 15 Jun 2022 17:56:51 GMT

States have different methods for determining child support. Many states, including Oklahoma, use the income shares model. Below is an overview of the model's basis and its calculation.

Basis

The income shares model presumes that all parents have child-rearing expenses that they pay for using a percentage of their combined income. The model also presumes that parents within the same income level use the same amount of money to care for their children.

Based on those presumptions, the model focuses on getting the child the financial support they would have enjoyed if the parents lived together. After all, the child's welfare is the government's main concern, and the parent's split shouldn't affect the child.

Determination

Child support calculation in Oklahoma involves a few steps. The following is an overview of these steps.

Calculate Both Parents' Income

First, determine the monthly income for each parent. The calculation takes different approaches, depending on how the parents get their income. For example:

The court will use the actual monthly income for a parent with regular income. Say you are a schoolteacher with a regular monthly income. The court will use the actual income you get every month by working regular hours.
The court will calculate your average income for the last few years if you have changed jobs, have periods of unemployment, or operate as a self-employed person. The calculation makes sense since such people have fluctuating monthly incomes.
The court may impute your income if you are unemployed or underemployed. Imputed income reflects your income in the open market based on relevant labor factors, such as education and experience.

The calculation comprises multiple streams of income for parents who have such. The court will calculate each parent's income and then sum the incomes.

Determine Child Support Obligation

Next, the court will determine how much the combined income should go towards child support. The determination takes these two steps.

1. Basic Child Support Obligation

Oklahoma has a schedule that determines basic child support for families with different incomes. The court will use your combined income to determine the corresponding basic child support obligation.

2. Presumptive Child Support Obligation

Basic child support is not the child support you should pay. The presumptive child support obligation, which is the actual amount you should spend on each child, includes other expenses. For example, the calculation includes:

Extraordinary expenses. For example, you need additional money if your child has a chronic medical condition that requires ongoing treatment.
Child care expenses. For example, you need daycare costs if both of you work and the child is young.
The number of children: The child support obligation increases for multiple children, but it is not a direct multiple of the number of children.

Have your facts and supporting documents ready to help the court execute accurate calculations.

Apportion Child the Child Support

Lastly, the court will determine each parent's respective amounts. In this case, the court will consider:

The custody arrangement
The number of children from past relationships that need child support
Spousal support obligations due to a past relationship
Health insurance payments by the noncustodial parent

The law assumes that the parent with the physical custody of the child will spend their share of child support directly on the child. Therefore, the noncustodial parent pays their share of the child support obligation to the custodial parent.

Whichever model a state uses, every parent wants the best for their child. The Kanehl Law Firm PLLC can help you get the best child support for your child. Contact us for a consultation to review your circumstances and determine the best approach to give your case.