The fundamental idea in the concept of
justice is fairness.-- John Rawls
At The Law Offices of John M. Dunn, we believe that defending people is more important than
defending the actions of which they are accused. As such, Mr. Dunn
spends a great amount of time with the person 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.
Unlike many
Tulsa criminal
defense attorneys, Mr. Dunn first reviews the case from the standpoint
of a former criminal investigator and a police instructor to ensure that his clients
are afforded every protection and defense that the Constitution and
Oklahoma law allows. There is no such thing as a "small crime"
when you stand accused. Mr. Dunn believes that the state is
constrained by the same laws regardless of the type or severity of the
crime and must be held to the same standard of conduct.
So I
have been arrested, now what?
The first things
that you need to do are make bond and hire a lawyer that is skilled in the area of
criminal law. While all lawyers are able to practice in the area,
take a moment to put things in perspective. The prosecuting
attorney practices exclusively in the area of criminal law.
Shouldn't you have the same advantage? The government has trained
investigators that have constructed its case. Shouldn't you have a
trained investigator in your corner?
Mr. Dunn was a criminal investigator and police
instructor prior to entering the legal profession. That gives Mr.
Dunn the ability to review your case from the perspective of a police
officer that has personally investigated crimes. He has trained
other officers in the investigation of those crimes. After Mr.
Dunn entered the practice of law, he went to work for a district
attorney's office as a prosecutor. In that role, he managed a case
load that included misdemeanors and felonies. At that time, he
amassed a wealth of experience and gained the perspective of a
prosecutor.
Mr. Dunn now stands ready to put the experience of a
trained investigator and a trial savvy prosecutor to work for your
defense. If you are going to have to fight for your freedom,
shouldn't the fight at least be fair? You need an attorney that
can make the fight fair. You need an attorney that will vigorously
represent your interests. You need John Dunn to be in your corner.
Types of
Crimes in Oklahoma
Under Oklahoma Law, there are only two
classifications of crimes - misdemeanor and felony. A misdemeanor
crime is one that is punishable by a maximum of imprisonment in the
county jail for a period of less than one year and a fine not to exceed
$10,000. A felony is any crime that is punishable by more than one
year in the state penitentiary and/or a fine in excess of $10,000.
Because of the different nature of the potential punishments of these
classes - different procedures apply to each and are discussed below.
Misdemeanor Procedure
Because there is "less at stake"
when a citizen is charged with a misdemeanor crime, the state has
fewer hoops to jump through. In a misdemeanor crime, the
accused is arraigned on the charge and the matter is normally set
for a 'disposition docket' or a 'sounding docket' at which time the
prosecutor normally offers a 'plea bargain' of some punishment less
than the maximum in exchange for a guilty plea. If the offer
is not accepted motion arguments are heard at a 'motion hearing' and
the matter is set for trial. Trial may be a 'bench trial'
(before a judge only) or a jury trial, which is heard by a jury
comprised of six citizens of the county in which the offense is
alleged to have occurred.
In 'bench trials' it is the judge that decides whether the state
has met its burden to prove each element of the crime charged
'beyond a reasonable doubt.' Should the judge determine that
the state has met that burden, he or she will pronounce guilt and
determine the punishment. In a 'jury trial', the jury
determines the facts of the case and applies those facts to the law
-which is given to them by the judge in the form of jury
instructions. The jury determines if the state has met its
burden of proving each element of the crime beyond a reasonable
doubt and determines the punishment.
Felony Procedure
When a person is accused of a felony, more protections are afforded
by the criminal justice system because more is 'at stake.'
First the accused is arraigned on the charge and the matter is set
for a preliminary hearing. In a preliminary hearing, the state
is forced to put on evidence to establish that it is more likely
than not that a crime was committed and that the defendant committed
the crime. Following a preliminary hearing, the
defendant may be 'bound over' for arraignment at the district court.
At the district court level, the defendant is again asked to
enter a plea of guilty or not guilty and the matter is either set
for disposition or trial. In a felony case, the trial can
either be a 'bench trial' or a 'jury trial'. As in a
misdemeanor trial, in a 'bench trial' the judge hears the case and
determines whether the state has met its burden to prove each
element of the crime charged 'beyond a reasonable doubt.'
Should the judge determine that the state has met that burden, he or
she will pronounce guilt and determine the punishment.
In a jury trial on a felony case, the jury is comprised of twelve
citizens of the county in which the offense is alleged to have
occurred. Those citizens determine the facts of the case and
applies those facts to the law -which is given to them by the judge
in the form of jury instructions. The jury determines if the
state has met its burden of proving each element of the crime beyond
a reasonable doubt and determines the punishment.
TULSA DUI LAWYER
One of John's specialties is serving clients with
DUI's. As a Tulsa DUI lawyer, John is a former police officer who is
both certified in Standardized Field Sobriety Testing and as an intoxilyzer supervisor. In addition, Mr. Dunn has participated
in the Drug Recognition Expert program.
We understand that this time is
a trying time for you and your family and will work as diligently as
possible to... We're always here to help. Please call our office at
918-526-8000, or feel free to email us anytime at jmdunn@johndunnlaw.com I also
offer a
free initial consultation.
See Partial List of
Crimes in Oklahoma
Frequently Asked Questions
