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John Hunsucker

John Hunsucker’s Answers

232 total


  • Second time charged with petty larceny from walmart, what should I expect in my situation?

    I was arrested and charged with petty larceny at a walmart. I live in northeast Oklahoma, this will also be the second time at walmart I've been charged with this. The first time I wasn't arrested, I was able to get it deferred after 40hrs C.S. 6m...

    John’s Answer

    The determination of larceny being a misdemeanor or felony is based on value of property taken. More than likely, this is a misdemeanor unless we are dealing with alot of stuff or high dollar stuff. The answer to your questions depend on many different facts. Any plea agreement is influenced by the strengh of the case and your background. A deferred can't be used against you in a jury trial unless you take the stand. However, the DA can definately use it in considering a plea agreement. You can legally still get a deferred sentence but will be more difficult. Rogers County is a tough jurisdiction to work in and is not an area that I go to aso can't really tell you the probability of that happening. Speaking with a local attorney is your best option. Most give free consults so take advantage of that and visit one.

    Good luck.

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  • How can new charges be filed for original charges declined?

    the officer has already released the property back to us that they indicated was stolen, no further charges or arrest have been made so how would they be able to come up something additonal to what was origianlly charged?

    John’s Answer

    The District Attorney can file charges anytime as long as the statute of limitations hasn't expired (usually 2-3 years depending on crime). It does not matter if they originally declined the charges and it is not necessary to find new evidence as long as the previous charges were declined and not dismissed with prejudice by a judge.

    However, if they returned the property, there may be a lack of evidence problem that can be argued by your attorney later but it still has no bearing on the DA's ability to file the charge.

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  • Promotional card comes under the preview of u.s currency

    1. promotional card issued by wal-mart comes under the preview of u.s currency. 2. a person who are working in u.s post office. he got the cart of unendorsed buld business mail which contained discarded items which were bound for disposal. he rem...

    John’s Answer

    I would retain counsel in Tulsa. You will want an attorney that practices routinely in the Federal Court system if he is charge in federal court. I would not rely on the bar association for referrals as they just list names regardless of experience or skill. Look at the attorneys track record and presentation. They should have experience in the type of crime he is charged with. Bruce Edge (listed on AVVO) is a local Tulsa attorney that can steer you in the right direction. Kevin Adams in Tulsa has a great track record on these types of crimes.

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  • My son was terminated from a drug court program due to a reoffence. His drug court contract was 5 years, He caught a new charg

    the judge ran his new charge concurrent with his drug court contract. So he was ultimately sentenced to 5 years doc, can the judge reduce his sentence once it has been given, or can he request this new ankle monitor program he is a first time off...

    John’s Answer

    In Oklahoma, you can ask the court to reconsider the sentence anytime within the first year, Generally, we wait towards the end of the time fram and show evidence that the person has been a model inmate and has tried to help themselves. As motions to reconsider are discretionary on the judge's part, I would use a local attorney in Ada that has ties to the community.

    As far as the wait for the DOC transfer, unfortunately, that is the approximate waiting time to transfer.

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  • My husband loaned a vehicle to our daughter, and her husband drove it, without our permission and was arrested, car seized

    as a result of having marijuana in the vehicle, along with the cash($7500) which we had loaned them to purchase a vehicle before the baby was born.. We had loaned them the vehicle, because my daughter was pregnant, but the state has had the car fo...

    John’s Answer

    You need to contest the forfeiture. As owner of the car, you should receive notice of the forfieture action and be given a set time te respond by. As far as the money, you will proabably not get notice of that but you cfan intervene and claim ownership. This is a little complicated and you should retain counsel for this.

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  • Can my son get a court appointed attorney for no trespassing and public intox

    He was let out of jail 2 days earlier and got felony conviction

    John’s Answer

    Public intox and trespassing are misdemeanor crimes in Oklahoma so shouldn't have resulted in a felony. The judge makes the decision as to the appointment of a court appointed attorney. Call the court clerk of the jurisdiction he is charged in and ask what the procedures are for applying for a court appointed attorney. Usually there will be an application that requests info as far as assets/liabilities/income. The judge reviews that and makes a decision from there.

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  • I had sex with a 14 year old and we agreed to a life together. I later found out after the sex that she was 14. What do I do?

    We met online and talked. We then later started texting and she asked if we could have a life together with kids and all and I hesitently agreed. But stayed skeptical. 3 days after we had sex she told me she was 14. I'm 19. What do I do?

    John’s Answer

    A 14 year old can not consent to sex in OK. Thus, you could be charged with statutory rape. I highly suggest that you go see a local attorney and discuss the case with him and what the best route is. Under no circumstances do you talk to the police or any investigators that may contact you until you have consulted with an attorney and have him/her present if the attorney feels the interview is warranted. This is a serious crime and you could be facing prison time as well as having to registered as a sex offender so it is better to consult with an attorney and be proactive instead of reactive. For referrals, contqact Bruce Edge in Tulsa (he is listed here on AVVO) and he can tell you the best attorneys in Tulsa for this type of case.

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  • Im a 26 yr old female and i was charged with petty larceny about one month ago. this is my first criminal charge.

    i'm currently unemployed and im seeking employment. what should or can i do to get this off my record? i've never been in trouble before and i dont have much money for an attorney!

    John’s Answer

    Sonja is correct but if you are looking for a full expungement of the charges, there are certain requirements that must be met. For a full expungement, the charge must be dismissed within one year of the crime occurring. Thus, a standard deal of a one year deferred would not be expungement eligible when coming off the deferred. There are several attorneys in okc that offer low payment plans that can assist you.

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  • I work at Wal-Mart and got charged with 2 misdemeanors that had nothing to do with my job. Can I be fired?

    The charges are assault & battery & possession of controlled substance. I do not work in the pharmacy so neither charge has anything to do with my job. I was suspended and given a paper that said I was being suspended because I was arrested on cha...

    John’s Answer

    Oklahoma is an at will employment state meaning that an employer may fire you as long as it isn't for an illegal reason like filing a comp case or discrimination. However, courts have interpreted employee handbooks and procedures potentially as an employment contract so look at it to see if they violated their own procedures.

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  • Probation violation in texas

    I have a friend who was convicted of possession of cds and child endangerment in 2003. He was placed on 4 yrs probation, he reported for one year but couldn't kick the drug habit. He was offered a job out of state and prob officer told him no. He ...

    John’s Answer

    Most states will extradite on felony charges especially when it is the next state. If the DA filed a motion to revoke probation before the expiration of the probation then it stops the time on the statute of limitations. Look on the Internet for the court clerk of the jurisdiction the case is in. A lot of courts are now online and you can see if the motion or application was filed and whether there was a warrant issued.

    Also, a local attorney can be hired to go look.

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