Adam R. Banner’s Answers

Adam R. Banner

Oklahoma City Criminal Defense Attorney.

Contributor Level 5
  1. 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

    Answered almost 2 years ago.

    1. Adam R. Banner
    2. William A. Jones Jr.
    3. Frank Mascagni III
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  2. 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

    Answered almost 2 years ago.

    1. Adam R. Banner
    1 lawyer 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...

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Adam R. Banner
    2. William A. Jones Jr.
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

  4. What are charges in tulsa for shoplifting item of $45.00.

    Answered almost 2 years ago.

    1. Adam R. Banner
    1 lawyer answer

    This will most likely be charged as petty larceny in a municipal court. Your pervious criminal history, or lack thereof, should not effect how the cause is charged. It can possibly effect how the case is disposed of, however. That's why you need to be sure and consult with a criminal defense attorney who practices in your area. Regardless, check the ticket you were given to make sure you appear at the correct location at the correct time and date.

    2 lawyers agreed with this answer

  5. Can i be charged with anything if the only evidence is recorded phone calls from county jail?

    Answered almost 2 years ago.

    1. Adam R. Banner
    2. William David Umansky
    3. Frank Mascagni III
    3 lawyer answers

    In order for the State of Oklahoma to bring charges against you by information, a law enforcement officer will need to put an affidavit of probable cause in front of a magistrate. An officer could potentially use the recorded admissions from the county jail. The jail lines have disclaimers alerting inmates that their phone calls may be recorded, so you will not have much of an expectation of privacy in that situation. You need to seek the representation of an Oklahoma criminal attorney.

    2 lawyers agreed with this answer

  6. How much time would you get for an inappropriate spanking ???

    Answered almost 2 years ago.

    1. Steven W Zachary
    2. Mary Katherine Brown
    3. Adam R. Banner
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How much jail time?

    Answered almost 2 years ago.

    1. Adam R. Banner
    2. James Regan
    2 lawyer answers

    In Oklahoma, domestic assault and battery can be charged as either a misdemeanor or a felony depending on the circumstances surrounding the assault and battery. If charged with a misdemeanor, then each count would carry no more than one year in county jail. A felony will carry more than one year and subject your boyfriend to incarceration in the state penitentiary. You need to retain an Oklahoma criminal defense attorney.

    1 lawyer agreed with this answer

  8. I hv an app to revoke, I'm going to an impatient treatment program will this help me to stay out of prison??

    Answered almost 2 years ago.

    1. Adam R. Banner
    2. Jasen Bodie Nielsen
    2 lawyer answers

    There are many factors that will influence the disposition of the motion to revoke your suspended sentence. You are entitled to a hearing on the motion. You should retain an Oklahoma criminal defense attorney to represent you at the hearing; however, you can request an attorney be appointed for you if you cannot afford one. The inpatient treatment may help mitigate the situation, but most will depend on the failures alleged in the motion. An experienced attorney is your best bet.

    1 lawyer agreed with this answer

  9. I have a 10yr old family member who just expressed to us that she was sexually abused almost 5 years ago. Can we press charges?

    Answered almost 2 years ago.

    1. Adam R. Banner
    1 lawyer answer

    You need to contact law enforcement immediately and report this allegation. In Oklahoma, if you believe a child is being abused or neglected, you have a legal responsibility to report it. Reports can be made at any time to the OKDHS Abuse and Neglect Hotline at 1-800-522-3511. The hotline is available 24 hours-a-day, 7 days-a-week. You should also contact a oklahoma criminal defense attorney to discuss your rights and obligations in this situation.

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Adam R. Banner
    1 lawyer 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.