John Hunsucker’s Answers

John Hunsucker

Oklahoma City DUI / DWI Attorney.

Contributor Level 13
  1. How can new charges be filed for original charges declined?

    Answered over 3 years ago.

    1. John Hunsucker
    1 lawyer 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'...

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

    Answered over 3 years ago.

    1. John Hunsucker
    2. Keith G Langer
    2 lawyer answers

    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...

  3. 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

    Answered over 3 years ago.

    1. John Hunsucker
    2. Marc Gregory Snyder
    2 lawyer answers

    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.

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

    Answered over 3 years ago.

    1. John Hunsucker
    1 lawyer 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.

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

    Answered over 3 years ago.

    1. John Hunsucker
    1 lawyer 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.

  6. 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?

    Answered over 3 years ago.

    1. John Hunsucker
    1 lawyer 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...

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

    Answered over 3 years ago.

    1. Sonja R Porter
    2. John Hunsucker
    2 lawyer answers

    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.

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

    Answered over 3 years ago.

    1. Sonja R Porter
    2. John Hunsucker
    2 lawyer answers

    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.

  9. Probation violation in texas

    Answered over 3 years ago.

    1. John Hunsucker
    1 lawyer 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.

  10. Can charges be refiled for charges that have alread been declined w/ nothing pending?

    Answered over 3 years ago.

    1. John Hunsucker
    1 lawyer answer

    As long as the statute of limitations has not expired, they can refile the charges unless the charges were previously dismissed with prejudice. The warrant is the notification. Although it would be nice if the court would send out letters to people telling them that charges have been filed, there is no requirement to do so and with the exception of a few municipal courts, I know of no courts that do that. It is possible that the charges were initially declined Due to lack of evidence that...