John Dunn
918.526.8000

 

Some have described me as “unwavering” when it comes to principles. Others say that I exhibit the trait of "loyalty to a fault" or that I am "utterly relentless” when pursuing an objective. As your attorney, I promise to be a loyal advocate and to be unwavering in the pursuit of your goals. I am a zealous advocate that does not shy away from conflict and litigation. I believe that the strongest weapon that an attorney can have is knowledge of his case. I will aggressively prepare your case for litigation while attempting to resolve the issues on favorable terms - a kind of "peace through strength" approach to the practice of law.

What do other lawyers say?

 "In this day of large law firms and multi-million dollar budgets for state and federal governments, don't ever forget that ONE dedicated and talented criminal defense lawyer took on the entire state of Oklahoma Department of Corrections, Attorney General's Office and beat the hell out of them.  Who says the days of the solo practitioner and Lone Wolf are gone?  Not me."  

 - Jack Dempsey Pointer     Former President of the Oklahoma Criminal Defense Lawyers Association

 

Home Tulsa Criminal
Defense
Tulsa DUI
Defense
Practice Qualifications About Contact

TULSA CRIMINAL DEFENSE ATTORNEY


In many cases the client's need for legal assistance does not end with the entry of a verdict.  There are many needs that a client can have following conviction or the entry of a plea.  The stakes are just as high in post conviction practice.  This page will discuss representation in the District Court following a conviction.  A discussion on appellate practice is located here.

 

 

POST CONVICTION RELIEF

 

Just because the verdict is in and the court has ruled against you, doesn't mean that all is lost.  Even if you have not filed an appeal or if the time for an appeal has long passed, you may still be entitled to post conviction relief. 

 

State law allows any person who has been convicted of, or sentenced for, a crime to seek post conviction relief if they can show:

(a) that the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this state;

(b) that the court was without jurisdiction to impose sentence;

(c) that the sentence exceeds the maximum authorized by law;

(d) that there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;

(e) that his sentence has expired, his suspended sentence, probation, parole, or conditional release unlawfully revoked, or he is otherwise unlawfully held in custody or other restraint; or

(f) that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy;

This application is filed in the district court imposing the sentence.  Anything not raised in the motion is waived so it is critical that you be represented by an attorney that will carefully examine your case and identify all of the issues that need to be presented to the court.   Contact John Dunn now to discuss your case.

 

 

MOTION FOR NEW TRIAL

 

Occasionally, the correct remedy is a Motion for New Trial.  There are very limited circumstances where this remedy will be permitted by the Court. 

(a) When the trial has been in his absence, if the charge is for a felony.

(b) When the jury have received any evidence out of court, other than that resulting from a view of the premises.

(c) When the jury have separated without leave of the court, after retiring to deliberate on their verdict, and before delivering or sealing the same, if it be sealed, or have been guilty of any misconduct by which a fair and due consideration of the case has been prevented.

(d) When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of the jury.

(e) When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial.

(f) When the verdict is contrary to law or evidence.

(g) When new evidence is discovered, material to the defendant, and which he could not with reasonable diligence have discovered before the trial, or when it can be shown that the grand jury was not drawn summoned or impaneled as provided by law, and that the facts in relation thereto were unknown to the defendant or his attorney until after the trial jury in the case was sworn and were not of record. When a motion for a new trial is made on the ground of newly discovered evidence, the defendant must produce at the hearing in support thereof affidavits of witnesses, or he may take testimony in support thereof as provided in Section 5781, and if time is required by the defendant to procure such affidavits or testimony, the court may postpone the hearing of the motion for such length of time as under all the circumstances of the case may seem reasonable. The application for a new trial on the ground that the grand jury was not drawn summoned or impaneled as provided by law may be shown in like manner.

The time to seek this relief is severely limited.  This motion should be filed before the court enters the judgment and sentence.   If the court finds "good cause" the motion will  be allowed up to 30 days after judgment.  If the application is based on new evidence, you have no more than 3 months from the date of the discovery of evidence and in no event longer than one year from the date of the judgment being entered to file the application.  If you think you may qualify for this kind of relief, it is important to contact John Dunn before any more time passes.

 

POST CONVICTION REPRESENTATION

 

Not all criminal cases that are resolved in favor of the state result in the defendant going top jail.  In fact, many defendants find themselves on probation as a part of their sentence.  Unfortunately, some of these defendants are not able to successfully complete probation and find that a the state has filed a motion to revoke their probation and that a warrant has been issued for their arrest. 

 

When this happens the freedom of the defendant are at stake.  The defendant will appear in court to answer for the alleged violations.  At this point, it is important to very recall that the defendant has already been found guilty of the original crime.  If the finds that defendant has violated the terms of his probation, the court can sentence the defendant to serve the full amount of the term of probation in prison.

 

When you are facing this kind of action, the threat is very real.  You need a criminal defense attorney that will aggressively represent your interests.  Contact John Dunn right now to discuss your case.



 


 

 

Legal Sites

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.

 

 

If you are searching for a Tulsa criminal defense attorney, or Tulsa criminal attorney , you need to contact John Dunn.  His expertise as a Tulsa Oklahoma attorney  and determination to represent clients with the best of his ability requires Mr. Dunn spend a great amount of time with the potential client before they are even a client - before they have spent a single penny on their legal defense - reviewing their case and determining what kind of defense to put on.  Following the client interview, Mr. Dunn reviews the police reports and the state's evidence and explores each avenue that may afford a legal or factual defense for his client.

John has assisted his clients as a Tulsa DUI lawyer, If you are needing a Tulsa DUI attorney , please visit our FAQ section of DUI defense info. Please call our law office quickly to obtain the best defense as quickly as possible.

John Dunn is a Tulsa criminal lawyer. You can visit the firm's website at http://johndunnlaw.com

 

Other Links