The court will look at whether she has dominion and control over the marijuana. She could definitely be charged and it could be detrimental to her rn license. Also, ok just passed a new DUI law that having marijuana metabolizes in your system when driving is per se a DUI.
Corpus means body. In legal definations, it can mean different things as far as its application. As this is a criminal case, I am assuming that you or the court meant lack of corpus delecti which means that they were not able to show that a crime had been committed. This is different thatn being found not guilty as that just means that the state didn't prove that the person committed a crime but means that the court or DA decided that no crime had been committed at all.
If my answer is...
If the resitution is part of your proabation requirements and it usually is, then they can file an application to accelerate yoour deferred if on a deferred sentence or a motion to revoke your suspended sentence if on a suspended sentence. Once either is filed, thern it is possible to put you on a new sentence which could increase or extend the probation time. They can even put you in jail.
If they file, the court and DA will look at whether you have made any attempt to pay the restitution...
First, you need to contact several attorneys in your area and discuss the case with them and find out their retainer and payment plan options. You may be surprised to find that there are attorneys in all price ranges and your case may not necessarily need the best lawyer in town if it is your first case and there are no issues but I have no way of knowing if yo have issues though.
Keep this information relating to which attorneys you visited and their prices. If you can not afford one,...
If you are seeking other counsel, hav eyour new attorney contact the previous counsel and they will probably be able to work it out to transfer the file. If not, the new counsel will be able to advise you of best remedy to obtain the file.
Generally speaking, you are entitled to your file. There is some language in the Oklahoma rules that an attorney may hold papers for security for a fee (see para. 9 below). I would send a registered letter asking for it and if no response, then you may want to address your concerns to the Oklahoma Bar Association.
Oklahoma Statutes Citationized
Title 5. Attorneys and the State Bar
Chapter 1 - Attorneys and Counselors
Appendix 3-A - Oklahoma Rules of Professional...
If you were given a suspended sentence, then that is a conviction for a felony so to expunge your record will require a pardon from the governor to start with. Here is the language from title 22 Section 18 of the oklahoma statute that dwals with expungement:
Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:
1. The person has been acquitted;
2. The conviction was reversed with instructions to dismiss by an appellate...
In Oklahoma, it is legal to record a conversation as long as one person is aware the conversation is being recorded. Get a recorder and record this stuff as it will go a long way if he files to modify custody. Your niece is only required to follow the court order but if they have agreed on differerent terms, I would document where he isn't following that. Also, get a diary and record everything...times dates and incidents. If he brought child back late, record it in diary.
Oklahoma domestic law does not provide for pain and suffering and unless there was a child support order, I think you will have a hard time collecting for support that would have ended 30 years ago.
Moreover, your mother would have to be the one to push the child support issue as she is the one with standing.
Interesting question though....did he ever divorce your mother? If not, then he may be guilty of bigamy.
Yes. A municipal employer still has the same duties of a private attorney. Depending on the sircumstances though, they may have some immunity depending on what happened, whether it was documented, was it reported and to whom, and whether they took any corrective action. You should find an attorney that handles employment law and is familiar with the FMLA.