John Dunn
Tulsa -
918.526.8000

Mannford - 918.865.8030

 

Some have described me as “unwavering” when it comes to principles. Others say that I exhibit the trait of "loyalty to a fault" or that I am "utterly relentless” when pursuing an objective. As your attorney, I promise to be a loyal advocate and to be unwavering in the pursuit of your goals. I am a zealous advocate that does not shy away from conflict and litigation. I believe that the strongest weapon that an attorney can have is knowledge of his case. I will aggressively prepare your case for litigation while attempting to resolve the issues on favorable terms - a kind of "peace through strength" approach to the practice of law.

What do other lawyers say?

 "In this day of large law firms and multi-million dollar budgets for state and federal governments, don't ever forget that ONE dedicated and talented criminal defense lawyer took on the entire state of Oklahoma Department of Corrections, Attorney General's Office and beat the hell out of them.  Who says the days of the solo practitioner and Lone Wolf are gone?  Not me."  

 - Jack Dempsey Pointer     Former President of the Oklahoma Criminal Defense Lawyers Association

 

 

 

 
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TULSA APPELLATE ATTORNEY

Frequently Asked Questions About the Starkey Decision
 

Please permit me a few words before answering questions.  I have received many "thank you" letters and e-mails from people who have been affected from this decision.  I have been humbled and honored to receive the 2013 OCDLA Thurgood Marshall Award for Outstanding Appellate Advocacy largely as a result of this case.  There have subsequently been several other decisions issued by the Oklahoma Supreme Court that have expanded this decision.

 

1.   What does it mean?

The short answer is that the Oklahoma Supreme Court has found that the Oklahoma Sex Offender Registration Act is punitive in nature and CAN NOT be applied retroactively.  (Read the opinion.)  This is a land mark case and is being talked about across the country!  Click here to see what other people are saying about this decision.

2.   How long do I really have to register?

This is a more complicated question.  The date upon which you become "subject to the law" is critical.  If you were sentenced by a court in Oklahoma, then the date of your sentencing is the date you "became subject to the law".  If you were convicted out of state, the date you entered Oklahoma with the intent to live is the date you "became subject to the law".

If you became subject to the law before April 26, 2004, you have to register for 10 years.  To be clear, this time does not count time that you are incarcerated, because you do not register while incarcerated.  Presently, it is believed that the registration period is tolled during periods of incarceration.

If you became subject to the law between April 26, 2004 and November 1, 2007, you have to register for a period of 10 years following the completion of your sentence.

If you became subject to the law after November 1, 2007, you are subject to the "level system". 

Level 1 registers for 15 years.

Level 2 registers for 25 years.

Level 3 registers for life.

3. Do I need an attorney to be delisted?

NO!!!  Oklahoma Department  of Corrections has the following statement  on their webpage:

Sex Offender Registration Ruling On June 25, 2013, the Oklahoma Supreme Court entered an Order in Starkey v. The Oklahoma Department of Corrections and Justin Jones as Director, Case No. 109,556. In accordance with the Starkey decision, the Oklahoma Department of Corrections is diligently reviewing all registrants on the Oklahoma Sex Offender Registry and will be removing offenders that are determined to be subject to the opinion. A Court Order will not be required for removal of offenders that are subject to the holding in the Starkey case. Please allow a reasonable time for this review as there are currently more than 7,000 offenders on the Oklahoma Sex Offender Registry and each one must be reviewed individually.

 

4. What requirements of the Oklahoma Sex Offender Registration Act apply to me?

Paragraph 78 of the Starkey decision indicates that the requirements that were in place at the time you became subject to the act affect you.  Arguably, any requirement that has been added since the date that you became subject to the act do not apply to you.  If you have questions about this, I recommend that you consult DOC or the person handling your registration to see if they agree that a certain provision does or does not apply to you.  If you are not satisfied with their answer, contact an attorney to review your case.

5.  Does the Federal Law Apply to me?

As of July 1, 2013, the State of Oklahoma has not adopted the Federal Sex Offender Registration Act.  HOWEVER, if you have been convicted of a listed crime and you travel in interstate commerce, you have made yourself subject to a Federal requirement to register.

6.  What if I was convicted of "Failing to register as a sex offender" during a time I was not required to register?

If you have been convicted of "failing to register" during a time that you did not have to register, then you have not actually committed a crime.  Therefore, you may be entitled to post conviction release to secure your release from custody or from probation.  Additionally, this matter may be removed from your record.  If you have any questions, or believe that you may have been wrongfully convicted, please contact our office for a free consultation and case review.

 

OTHER CHANGES AS A RESULT OF STARKEY

1.  Residency Restrictions

In an order that keeping in line with Starkey, John Dunn recently successfully argued to the District Court of Tulsa County that the residency restrictions do not apply to a person who became subject to the act prior to 203 when that portion of the law was enactedThe Order and transcript has also been included here so it can be downloaded.  (During argument, the City of Tulsa offered an interesting internal memo from where it is represented that police policy prohibits arrest on sight if someone is residing in a "zone of safety".)

 

 

 

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The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.

 

 

If you are searching for a Tulsa criminal defense attorney, or Tulsa criminal attorney , you need to contact John Dunn.  His expertise as a Tulsa Oklahoma attorney  and determination to represent clients with the best of his ability requires Mr. Dunn spend a great amount of time with the potential client before they are even a client - before they have spent a single penny on their legal defense - reviewing their case and determining what kind of defense to put on.  Following the client interview, Mr. Dunn reviews the police reports and the state's evidence and explores each avenue that may afford a legal or factual defense for his client.

John has assisted his clients as a Tulsa DUI lawyer, If you are needing a Tulsa DUI attorney , please visit our FAQ section of DUI defense info. Please call our law office quickly to obtain the best defense as quickly as possible.

John Dunn is a Tulsa criminal lawyer. You can visit the firm's website at http://johndunnlaw.com

 

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