Attorney David A Cincotta's Legal Cases

Expungement

Points v. State, 2014 OK CIV APP 27, 328 P.3d 1232

Mar 13, 2014

OUTCOME: Prevailed on Appeal

The petitioner requested an expungement of an arrest for a sex offense despite having been subsequently convicted of a separate sex offense and required to register as a sex offender. As an attorney r ... epresenting the State, I filed an objection. The District Court denied the petition for expungement, and the petitioner appealed. The Oklahoma Court of Civil Appeals affirmed the District Court's denial.

Government

Dowell et al. v. Fletcher, et al., 2013 OK 39, 304 P.3d 735

Jun 18, 2013

OUTCOME: Prevailed on Appeal

Insurance Companies and bail bondsman brought suit against a professional bondsman and the Court Clerk of Oklahoma County. The lawsuit sought enforcement of a statute and Insurance Department rule to ... prohibit the Court Clerk from accepting bail bonds above the number permitted by law for out-of-county bail bond agents. The District Court dismissed the Court Clerk, and the plaintiffs appealed. The Oklahoma Supreme Court affirmed the District Court's dismissal.

Government

State v. Nash, 2013 OK CIV APP 5, 294 P.3d 473

Jan 15, 2013

OUTCOME: Prevailed on Appeal

Bondsman sought to have the cost to return the defendant to the Oklahoma County Jail assessed to the defendant instead of the Bondsman. The District Court assessed the cost to the defendant and reliev ... ed the Bondsman of any liability to pay the transportation costs. I appealed on behalf of the State. The Court of Civil Appeals held that the Bondsman, not the defendant, bore the responsibility to return the defendant to the Oklahoma County Jail.

Expungement

Kolaski v. State, 2011 OK CIV APP 61, 253 P.3d 1007

Jun 07, 2011

OUTCOME: Prevailed on Appeal

The petitioner sought an expungement of an arrest and charge for the Sexual Abuse of a Child. The state dismissed the case after a year of his arrest and before the preliminary hearing. The law then ... required a dismissal to be within a year of the arrest or on the merits. The question was whether the dismissal of his charge was a dismissal on the merits. The District Court held it was not. The petitioner appealed. On appeal, the Court of Civil Appeals affirmed the District Court and held that a dismissal by the state before the preliminary hearing was not a dismissal on the merits.

Government

State v. Anderson, 2011 OK CIV APP 13, 247 P.3d 294

Feb 10, 2011

OUTCOME: Prevailed on Appeal

Bondsman failed to complete specific actions required by law to vacate a bond forfeiture judgment or obtain the return of the money deposited for the forfeiture. However, the bondsman sought to have t ... he forfeiture judgment vacated regardless. The District Court ordered the bond forfeiture judgment vacated and ordered the Court Clerk to return the funds paid according to the forfeiture judgment. I filed the appeal on behalf of the State (Court Fund). The Oklahoma Court of Civil Appeals held that forfeiture judgment should not be vacated and reversed the District Court.

Government

State v. Tate, 2012 OK 312, 76 P.3d 1017

Apr 10, 2010

OUTCOME: Prevailed on Appeal

Bondsman paid a bond forfeiture judgment but did so untimely. Bondsman, nonetheless, sought the return of the proceeds paid according to the bond forfeiture judgment. I objected on behalf of the Stat ... e (Court Fund). The District Court ordered the funds returned. The Court of Civil Appeals affirmed the District Court. I petitioned for Certiorari to the Oklahoma Supreme Court. The Oklahoma Supreme Court vacated the opinion of the Court of Civil Appeals and reversed the District Court - holding that timely payment of the bond forfeiture proceeds is a prerequisite to qualifying for the return of said proceeds.

Expungement

State v. Gille

Oct 30, 2009

OUTCOME: Prevailed on Appeal

Gille moved the District Court to expunge records of an arrest but failed to comply with the court rules in doing so. The District Court denied his expungement motion, without prejudice to him refilin ... g in accordance with the local rules. Gille appealed. I represented the State. The Court of Civil Appeals affirmed the dismissal of his expungement motion.

Government

State v. $169,060

May 09, 2008

OUTCOME: Prevailed on Appeal

This was an asset forfeiture case in which I represented the State. The $169,060 was ordered forfeited to the State, and the Claimant appealed alleging the evidence should have been suppressed. The Co ... urt affirmed the forfeiture of the money and found that no constitutional violations occurred.

David A Cincotta's Legal Cases (8)

Points v. State, 2014 OK CIV APP 27, 328 P.3d 1232

Dowell et al. v. Fletcher, et al., 2013 OK 39, 304 P.3d 735

State v. Nash, 2013 OK CIV APP 5, 294 P.3d 473

Kolaski v. State, 2011 OK CIV APP 61, 253 P.3d 1007

State v. Anderson, 2011 OK CIV APP 13, 247 P.3d 294

State v. Tate, 2012 OK 312, 76 P.3d 1017

State v. Gille

State v. $169,060