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Adam R. Banner

Adam Banner’s Answers

17 total


  • Does a preliminary hearing always go to trial? Can I be convicted at that time if there is no doubt Im guilty? When is sentencin

    Two DUIs in one year

    Adam’s Answer

    Anyone charged with a felony in Oklahoma is entitled to a preliminary hearing. A preliminary hearing is an evidentiary hearing at whcih the prosecution must present enough eveidnece to show: probable cause that a crime was committed, and probable cause that you commited the crime. That's it. A preliminary hearing does not always go to trial. Obviously, if the prosecution can't meet its burden, the case will be dismissed. However, if the prosecution meets its burden, you will be bound over for trial. That does not meen there will definitely be a trial though. Because the burden at a preliminary hearing is so low, many cases with bad facts will slip through the cracks. Often times the preliminary hearing can result in a better rcommnedation from the state id the evidence is lack luster. However, the state can also move to ammend the information and add extra counts to your case depending on the evidence presented. In Oklahoma, you will only be sentenced after you enter a guilty plea or blind plea, or after a conviction by a jury

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  • Will I go to jail for getting caught with under a gram of weed? My first offense.

    They pulled me over because they said I had a defective tail-light. They soon started to search my car they found under a gram of marajuana. It's my first offense.

    Adam’s Answer

    Oklahoma is still very tough on marijuana possession. However, with it being such a small amount, I would suspect that the charges will be in a municipal court (unless you were stopped by OHP). Regardless of whether the case is prosecuted in municipal or county court however, you could possibly be looking at jail time. Most municipal codes carry jail time as a possible punishment for such an offense; the Oklahoma Statutes definitely do. You definitely need to hire a qualifies attorney to represent you; if you are convicted for possession, it can enhance the punishment for any future drug related charge. Get an attorney ASAP.

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  • How do you get legally emancipated?

    I am 16 years old and have been emotionally and sexually abused ( if you classify pornography sexual abuse) by both of my parents.

    Adam’s Answer

    If you have been abused, your first step should be to contact your local sheriff's department or law enforcement agency. You may also contact your state's department of public safety or child protection services. They will be more than happy to assist you in getting the help you need.

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  • My son is being brought before a grand jury, Child assault, he wipped his 4 year old daughter, leaving welps and brusies

    He has a background of charges for drugs and charges of domestic violence , with mother of child. He say he didn't do this. Children were left with him by wife, 6 months, while she join the militery reserves. This is in Houston, Texas. He st...

    Adam’s Answer

    If your son is not represented, he should be. It is hard to believe that he knows what evidence the state of Texas has against him unless his attorney has received discovery, and even then that is not usually the whole story. If he is operating on merely his own belief or statements from officers, he is operating under incomplete information. With your son's background and previous charges, I would strongly recommend retaining counsel licensed to practice in Texas.

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  • How much time would you get for an inappropriate spanking ???

    my brother spanked my nephew and he fell and landed on his face total accident i dont think he meant to spank him that hard but he did now he's in jail for it i'm just wondering what's gonna happen to him???

    Adam’s Answer

    As mentioned earlier, charges will depend on the jurisdiction and the specific factual setting. Even still, many fact patterns can potentially fit more than one criminal statute. Regardless, plea agreements can potentially be made with the prosecution that will result in no jail time. However, it all starts with retaining an experienced attorney who will fight for you. That should be your first play.

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  • I live in Ohio, how do I prove my step son is being mentally abused by his mother. He doesn't even want to go home anymore

    My step son is 13 years old. His father and mother divorced almost six years ago but were seperated for four years before they divorced. My step son loved being with his mother and us equally (a week on week of parenting schedule). About a year ag...

    Adam’s Answer

    Abuse can be both physical and emotional. If you believe the abuse rises to a level that threatens the child's well-being, you have a responsibility to report it to the proper authorities. You can contact you local Department of Public Safety or Child Protective Services.

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  • Physical child abuse does my mother need an attorney after a 1 year &1/2

    its been a year and a half since my siblings have been taken by CPS and detectives have just started asking my mom questions is this normal that they took so long. should she get an attorney they said it was just to close the case but we are real...

    Adam’s Answer

    The only time it is good to speak with a cop without an attorney present is if you are approaching the officer with an emergency. Anytime a cop approaches you with questions, it's never a good idea to speak with him or her. The officer is probably honestly trying to close the case...with a conviction. Your mother has a right to remain silent. She should use it.

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  • I am trying to finish high school. if i give my daughters father temporary guardianship can he keep her perminately?

    i am a senior in high school. i am trying to graduate so i can go to college this coming year. my daughters father and his family has went behind my back and tried gettin custody of her, and now the court ordered that he has her a week and then i ...

    Adam’s Answer

    Be careful before you agree to any guardianship agreements without consulting with an attorney. Given the fact that your boyfriend's family is already trying to gain custody of your child, your request to give-up guardianship/custody (for however long) can definitely be twisted and used against you.

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  • How can you find out if you are in fact the person identified in a crime if the person making the accusations doesn't speak eng

    robbery case was not put in a line up anything.

    Adam’s Answer

    There are two ways to find out if you have been charged with a crime in Oklahoma: 1.) wait till you are arrested or 2.) retain an attorney on a pre-filing retainer fee to find out for you. There are many resources availaible to qualified attorneys that will allow them to find out if there is a warrant out for your arrest. Robbery carries at a MINIMUM 10 years in the penitentiary. Get help ASAP.

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  • My ex-roommates will not give me the cable box that was in my name or tell me where they live. It's is due to the cable company.

    When I moved out at the end of October, they signed the form so that I could be let out of the lease. I said that I would pay untill the lease was up. I paid for the next two months and hit a rough spot. I gave them 30 days notice that I would not...

    Adam’s Answer

    You need to contact an Oklahoma attorney who handles these situations. If the debt owed by any party to this matter is less than $7,500.00, you will likely be subject to a small claims action, i.e. a civil suit to recover money damages for the amount owed to the cable company and/or roommate.There could potentially be cross-claims filed by all interested parties, so it would be prudential to seek legal representation.

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