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 CRIMINAL DEFENSE ATTORNEY

JOHN DUNN - Tulsa Criminal Defense Attorney
What to do if Arrested Or Charged  |  Minors & Criminal Law  |  FAQ's about Criminal Law
 

CRIMINAL DEFENSE Frequently Asked Questions

Q: How do I get out of jail?
A: For many misdemeanor charges, there are pre-set bonds.  If there is no pre-set bond, the magistrate sets the bond based on several factors.  You may post the bond or hire a bail bondsman to post it for you to be release from custody during the criminal process.
   
Q: I was arrested - doesn't that mean I am guilty?
A: No.  In order to support an arrest, a police officer only needs 'probable cause'.  That means that a reasonable person would believe that it is more likely than not that a crime was committed and the person arrested was the person who committed it. The standard that the state must prove to sustain a conviction is 'beyond a reasonable doubt'.  This is a much higher standard of proof.  
   
Q: I really did it.  Shouldn't I enter a plea of guilty and take 'what is coming to me'?
A: No, it's not that simple.  In order to be convicted, you must be both factually and legally guilty.  Remember that the criminal justice system is an adversarial process.  The burden is on the state to show that the evidence not only supports the guilt of the defendant beyond a reasonable doubt, but that the evidence was lawfully obtained.  Evidence that was not lawfully obtained must be suppressed and can not be used in court.  Further, mitigating evidence may often be taken into account prior to determining punishment.
   
Q: The police didn't read me my rights, does that matter?
A: That depends.  If you were not questioned then it does not.  If you were not detained when you were questioned, then it does not.  If your statements are not required to support a guilty verdict, then they do not matter.  If you made statements without being prompted to make statements by the state, they will not be suppressed.
   
Q: The police didn't get my permission before they searching my car, does that matter?
A: Generally speaking, all searches conducted without a warrant are per se unreasonable and therefore will be suppressed.  There are several exceptions to this general statement. 
  • Police may search any movable vehicle if they have probable cause to believe that the vehicle contains contraband.  (i.e. they smell the contraband or see the contraband.)

  • Police may seize any evidence that is in 'plain view' of the officer.

  • Police may conduct a 'pat-frisk' if they have reason to believe the person they are about to search may be armed.  This search is a restricted search and limited to the outer garments.  However, if upon touching an item, the police immediately recognize it as contraband, the police may seize it.  This is called the 'Plain Feel Doctrine'.

  • Police may search of a police K-9 has alerted on the thing to be searched (within certain limits).

  • Police may search an area and a person incident to an arrest.  This is limited to an area within the wingspan of the person arrested.

  • Police may conduct an inventory of a vehicle if it is subject to being impounded.  This is not a 'search' because the purpose is to preserve the contents of the vehicle.

   
Q: What is a 'Plea Bargain'?
A: A 'Plea Bargain' is a tool often used by the prosecution to induce the accused person to enter a plea of 'guilty' in exchange for a known punishment that is less than the statutory maximum.  These bargains often include a deferred or suspended sentence and probation.  The prosecution may also dismiss certain charges or amend the charge to a lesser one.  Mr. Dunn is a Tulsa criminal defense lawyer who is capable of advising you and guiding you through whatever criminal legal situation you have encountered.
   
Q: Is a 'Plea Bargain' always a good idea?
A: The answer here generally depends on two things.  First, if the accused can abide by the terms of the agreement, including making payments on costs or restitution, completed counseling or community service hours.  If the defendant can not abide by those terms, a plea bargain is a recipe for disaster.  The second consideration has to do with whether the crime to which a 'guilty' plea is entered can be used for enhancement in the event of a second conviction.  For example, a second offense for possession of marijuana or DUI can be filed as a felony.  A guilty verdict in a felony case may result in enhanced punishment should the accused be accused of a second felony within ten years.
   
Q: What is a 'deferred sentence'?
A: A 'deferred sentence' is often given to first time offenders as part of a plea bargain.  In a 'deferred sentence' the accused enters a plea of guilty and the judge withholds a finding of guilt for a period of time.  During that time, the accused must make certain payments, complete community service, or some kind of counseling program.  If the accused successfully completes these tasks prior to their reappearance before the judge, they are allowed to withdraw their guilty plea and the case is dismissed and the court record is expunged.  The most important thing about a 'deferred sentence' is it is NOT a guilty verdict.
   
Q: What is a suspended sentence?
A: A 'suspended sentence' is a guilty verdict in which the person is allowed to be free while they serve their sentence.  During that time, they are under probation and are said to be in the custody of the Department of Corrections.  When the period of time has expired, the sentence has been carried out, but it remains on the defendant's record as a guilty verdict.
   
Q: What happens if I violate the terms of my probation?
A: When someone is serving a 'deferred sentence' or a 'suspended sentence' they only remain free so long as they abide by the terms of their probation.  Any infraction can result in a 'Application to accelerate a deferred sentence' or a 'motion to revoke a suspended sentence'.  In that hearing, the state need only prove that the conditions of probation were violated by preponderance of the evidence.  The facts of the underlying charge are NOT considered, as the defendant has already entered a 'guilty' plea.  If the state meets its burden of proof, the entire sentence may be revoked and the defendant can be incarcerated for any period allowed by statute - regardless of the period of time that has already been served.  For more detailed information pertaining to these or other questions, please contact John Dunn, a Tulsa criminal lawyer well informed on all matters relating to criminal defense.
 

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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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