M.K. Bailey Law Offices
Free Initial Consultation (405) 486-9789
Available after hours by appointment.

Oklahoma City Criminal Law Blog

Oklahoma investigates internet crimes against children

Crimes against children are of particular concern for those in society. The popular view is that children should be protected from those who seek to do them harm. One way to protect children is to monitor internet use. The internet is sometimes used to lure children into dangerous situations.

To protect children from internet crimes Oklahoma has created a special division of law enforcement to look out for their interests. The Oklahoma State Bureau of Investigation has a unit that investigates Internet Crimes Against Children. The agents in this unit are specially trained to investigate the exploitation of children by the use of technology. When necessary, they conduct undercover operations and respond to any ICAC complaints.

Defending our Oklahoma clients from criminal charges

Oklahomans who are accused of a crime face a difficult road. Government prosecutors have enormous resources at their disposal and are often under pressure to win a conviction and the harshest possible sentence. At the same time, those who are accused of crimes in high-profile cases may feel that they have been tried in a court of public opinion before they have ever had their day in court. All this is true whether the alleged crime is something violent, like assault, or something nonviolent, such as fraud.

Most Americans are familiar with the idea that, under our criminal justice system, every defendant must be presumed innocent until proven guilty. This isn't just a figure of speech; it means that the prosecution has to prove its case. If it wants the jury to decide that a defendant is guilty, the prosecution needs to lay out convincing evidence. Building a defense is largely a matter of showing that the prosecution's evidence is not enough to support a conviction. The defense should also, when possible, provide evidence that appears to contradict the prosecution's theory of the case.

Shooting suspect turns himself in to police

In the Christian religion, Easter is a major holiday that is often marked by attendance at a house of worship followed by gatherings of family and friends. This tradition does not include the harming of those loved ones. However, one family is facing just that after three members were shot during an Easter evening attack.

Three adults in the home were shot after 10:00 pm on Easter Sunday. One woman is in critical condition. Another woman and a man are listed in stable condition at local hospitals. The remaining four individuals that were in the home, three of which are children, were not injured. The investigation continues, but the prime suspect in the case turned himself into police on Monday. He is the estranged husband of one of the shooting victims. No official charges have been filed, but the alleged shooter is being held on a complaint of shooting with the intent to kill and child endangerment.

Sex crime punishment and Fourth Amendment rights

A United States Supreme Court ruling may have opened the door for a unique constitutional challenge. At issue is the lifetime tracking of a repeat sex offender. The question that is being explored is whether or not this constitutes a search. The Fourth Amendment provides a protection against unreasonable search and seizures. If the lifetime tracking is considered a search that falls within the parameters of the Fourth Amendment, a defendant must prove that the search is unreasonable.

 A per curium decision by the U.S. Supreme Court has answered that the attachment of the tracking device is, in fact a search. The decision was based on two recent Supreme Court cases regarding searches under the Fourth Amendment. The first is the United States v. Jones, where the court held that the installation of a GPS device on a car is a constitutional search. The other case is Florida v. Jardines, where the court held that if the police use a drug-sniffing dog on a suspect’s porch, this can also be classified as a constitutional search. The Supreme Court cited these two cases when it declared that a state conducts a search when it places a tracking device on an individual’s body without their consent -- particularly when the device is designed to track that person.

Statutory rape in the state of Oklahoma

All crimes that involve sex are cause for concern in the state of Oklahoma. When these crimes involve children, there is a heightened sense of concern due to the age of the child and their inability to give legal consent on matters of a sexual nature. The law outlines the age of consent for certain sexual acts while also stating the penalty for the crime.

In Oklahoma, the age of consent is 16. Statutory rape occurs when a minor has sex with an individual that is at least three years older than the minor and is over the age of 18. If a minor is found to have had oral sex, the male could be charged with forcible oral sodomy. The law applies equally to male and female defendants. The laws for sex crimes also applies to same sex couples.

Facebook updated Community Standards

Facebook is one of the most popular social media platforms. Users can exchange thoughts and ideas through words, photos and video. At times, however, status updates can offend other users. In an attempt to improve the user's experience, Facebook has updated its Community Standards.

The new standards affirm the site's ban on nudity. The site explicitly expressed that revenge pornography and posts that promote sexual violence are strictly prohibited. However, there are some exceptions to the rule. For example, artistic nudity is allowed. Pictures that display breastfeeding or mastectomies will not be prohibited from Facebook.

Possession of child pornography in the state of Oklahoma

It is universally accepted that children should be protected. Children are one of the most vulnerable segments of our society. Those who choose to prey on them deserve to be punished to the fullest extent of the law. However, it is important that the prosecution of the accused follows the letter of the law rather than a biased, overzealous prosecution that neither seeks nor searches for the truth.

The Oklahoma child pornography statute has serious consequences for anyone found guilty of the crime. The statute classifies a minor as anyone under the age of 18. Any person that helps a minor to participate in pornography may be punished under the statute. Anyone who knowingly possesses, procures, manufacturers or causes child pornography to be sold may also be charged under the statute.

Revenge website operator now seeks privacy protection

In an age of social media, it can be difficult to maintain a sense of privacy. In the case of a romance that has gone sour, social media serves as fertile ground to mount revenge. One website made it convenient for jilted lovers to embarrass their old flames. The website has since been shut down but there are additional issues that linger for the owner of the site.

Craig Brittain operated a website that solicited nude pictures of women. When the women discovered that their pictures were posted, they were charged a fee to take down the photos. The fee ranged between $200 and $500 remove the undesirable images from the website. The website stayed in operation until Brittain was shut down by the Federal Trade Commission.

Does Oklahoma have domestic violence law for assault and battery?

This law firm represents those who have been charged with violent crimes. Everyone is entitled to a proper defense. This blog focuses on Oklahoma assault and battery statutes that are applied in cases of domestic violence. Special care should be taken with domestic violence cases due to the sensitive nature of the subject matter.

An individual convicted of assault in domestic abuse may serve a maximum of 30 days in county jail. In the alternative, a defendant may be fined a maximum of $500. An individual may serve one or both of these punishments.

Former Oklahoma athlete charged with assault

Oklahoma sports fans may recognize the names of the athletes highlighted in this blog. Ty Hensley, former Gatorade Oklahoma Baseball Player of the Year, was the assaulted in an early morning scuffle at a home in The Village on December 28, 2014. The alleged aggressor is also a well-known Oklahoma athlete, Anthony David Morales who was a part of The Oklahomans Big All-City Team in 2008.

The two seemed to have gotten into an argument about signing bonuses for professional athletes. Witnesses say that that they saw Hensley unconscious while Morales ran from the home. Hensley is currently recovering from a broken jaw and a lost tooth from the fight. Prior to this incident, Hensley was a prospect for the New York Yankees. Morales has been charged with aggravated assault and battery. He has since been released on $8,000 bail.

M.K. Bailey Law Offices
4811 Gaillardia Parkway, Suite 110
Oklahoma City, OK 73142

Phone: 405-486-9789
Oklahoma City Law Office Map

The National Trial Lawyers Top 100 Trial Lawyers