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Commercial Law/Litigation

Fuller, Chlouber and Frizzell, L.L.P. - Criminal Defense for Tulsa, Oklahoma

Contact:

Brad D. Fuller | Steven E. Chlouber | Blaine G. Frizzell | R. Michael Cole |
Jason B. Toon

Business Litigation

How your business deals with suing a customer or competitor or being sued can effect the viability of your small business.

Fuller, Chlouber and Frizzell, L.L.P. has represented small businesses in lawsuits since 1993 and understands that most business owners want to quickly resolve a dispute rather than drag it out in litigation. uller, Chlouber and Frizzell, L.L.P. can help you solve your business problem.

Consumer Debt

Federal Law protects Oklahoma consumers from illegal, unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law in Oklahoma are subject to paying damages, statutory penalties, and the consumer’s attorneys fees and costs. If you live anywhere in Oklahoma, and feel you may have been abused, deceived or treated unfairly by a debt collector you may need a lawyer.

The attorneys at Fuller, Chlouber & Frizzell, L.L.P. can negotiate with your lenders and have the specials skills and professional capabilities required for negotiating with lenders successfully.

Foreclosure

The Law Offices of Fuller, Chlouber & Frizzell, L.L.P. helps clients in the greater Tulsa, Oklahoma area with foreclosure cases. We will conduct an in-depth study of all the documents and the specific narrative of the Client/Borrower to discover what is the best course of action to be taken in regards to a proper foreclosure strategy for the Client/Borrower including bankruptcy protection.

The goal of Fuller, Chlouber & Frizzell, L.L.P. is to educate our Clients and with our advice and counsel guide our Clients through the potentially treacherous waters of Foreclosure Litigation. We are committed to researching, formulating and finally executing the best strategy for our Clients. This is our commitment to all our Clients. Though it may sound intimidating, this is what we do, and it is our responsibility to protect your rights.

Uniform Commercial Code

When it comes to business, the law of the land is the Uniform Commercial Code (UCC). Every state in the U.S. except Louisiana has adopted the UCC to govern business and commercial transactions.
The Uniform Commercial Code (UCC) is a set of suggested laws relating to commercial transactions.

The UCC covers the following topics:

  • Article 1. General Provisions
  • Article 2. Sales
  • Article 2A. Leases
  • Article 3. Negotiable Instruments
  • Article 4. Bank Deposit
  • Article 4A. Funds Transfers
  • Article 5. Letters of Credit
  • Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title
  • Article 8. Investment Securities
  • Article 9. Secured Transactions

We Speak the Language of Business

To those unfamiliar with it, complying with the UCC can be extremely intimidating. Our lawyers deal with the sometimes arcane provisions of these laws every day. We know how to make them work for you.

Criminal Defense

Fuller, Chlouber and Frizzell, L.L.P. - Criminal Defense for Tulsa, Oklahoma

Criminal Defense Attorneys:

Steven E. Chlouber | Brad D. Fuller | R. Michael Cole

For information about each of the following, please click on the title.

Drug Offense

Drug charges comprise a very broad spectrum of offenses, and range from petty offenses to extremely serious felonies. Variables within the spectrum include, among other things, the nature of the substance, the quantity of the substance, and whether the substance was for personal use, potential sale, or actually sold. The mere presence of a firearm near a controlled substance may greatly aggravate the seriousness of the charge.

Drug and Alcohol

Among the most common offenses in the State of Oklahoma are those Alcohol related. The legal consequences for these offenses can be devastating and life-altering (imprisonment, fines, loss of driver’s license, loss of employment, increase in insurance premiums, etc.). The following is a list of the five (5) most common alcohol offenses (the penalties of which vary depending on prior offenses):

Actual Physical Control (APC):

Simply being in a vehicle and under the influence you may be charged with APC.

Punishment:

  • District Court: Fines up to $1,000.00 and/or one (1) year in county jail.
  • OKC Municipal Court: Fines up to $1,200.00 and/or six (6) months in county jail.

Driving Under the Influence (DUI):

This offense occurs when you are stopped for driving and you are either

  • Under the influence of drugs or alcohol OR
  • Your breath/blood test registers .08% breath/blood alcohol concentration (BAC) or higher OR
  • Your breath/blood test registers .02% BAC or higher (if under 21 years of age) OR
  • You refuse the breath/blood test

Oklahoma has an Implied Consent Law which states when a person is driving a car on a public roadway, the driver has impliedly given consent to having a chemical test performed if the driver is suspected of driving under the influence of alcohol or other intoxication substance. A driver has the right to refuse the test but refusing the test results in an administrative suspension of the driver’s driving privileges. This suspension can be challenged in the same manner as a suspension for a chemical test result over the legal limit of .08 breath/blood alcohol level for persons over 21 and .02 breath/blood alcohol level for persons under the age of 21.

DUI Punishment:

  • District Court: Fines up to $1,000.00 and/or one (1) year in county jail.
  • OKC Municipal Court: Fines up to $1,200.00 and/or six (6) months in county jail.

Aggravated DUI

This occurs when you are stopped for driving and your breath/blood test registers .15% BAC or higher.

Punishment:

If convicted, the offender faces up to one (1) year in county jail and/or fines up to $1,000. In addition, it’s mandatory that ALL offenders (applies to first offenders):

  • Complete an in-patient alcohol treatment program for a minimum period of twenty-eight (28) days,
  • Complete a one (1) year aftercare probation period,
  • Perform 480 hours of community service, and
  • Install an interlock device on all vehicles for a minimum of thirty (30) days.

Driving While Impaired (DWI):

You may be convicted of DWI if you are stopped for driving and your alcohol level is more than .05% but less than .08% BAC.

Punishment:

  • District Court: Fines up to $500.00 and/or six (6) months in county jail and courts costs and an alcohol assessment fee.
  • OKC Municipal Court: Fines up to $1,200.00 and/or six (6) months in county jail and court costs and fees.

Actual Physical Control (APC):

Simply being in a vehicle and under the influence you may be charged with APC.

Punishment from District Court are fines up to $1,000.00 and/or one (1) year in county jail.

OKC Municipal Court are Fines up to $1,200.00 and/or six (6) months in county jail.

Consumption/Possession of Alcohol by Minor (MIP):

This offense occurs if you are under twenty-one (21) years of age and consume or possess an alcoholic beverage containing more than three and two-tenths percent (3.2%) alcohol while upon any public street, road, or highway or in any public building or place.

Punishment are fines up to $100.00 and/or thirty (30) days in county jail.

The Driver’s License Case

We all depend upon our driver’s license for transportation and, for certain occupations, to make a living. Thus, an arrest and/or conviction for an alcohol offense can make life very difficult. If you have been arrested and charged with DUI, DWI, or APC, you face the revocation of your driver’s license (in addition to the criminal case).

The Department of Public Safety may revoke your driver’s license for a period of six (6) months to three (3) years if:

  • Your test registers .08% BAC or higher (or .02% BAC or higher if under 21) OR
  • You refuse the test

In order to contest the revocation of your driver’s license, you MUST request a hearing before the Department of Public Safety within fifteen (15) days of your arrest. If you fail to request this hearing, your license will be automatically suspended thirty (30) days after your arrest and you forfeit your opportunity to contest the revocation.

The Driver License Compact

If you have been arrested and charged with DUI, DWI, or APC in Oklahoma and you are a citizen of another state, your ability to drive in your home state may be affected. The State of Oklahoma is a member of the Driver License Compact, an interstate compact used by participating states to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the home state where they are licensed. If you are arrested for DUI, DWI, or APC, the home state would treat the offense as if it had been committed at home, applying home state laws to the out-of-state offense. All states are members except for Michigan, Massachusetts, Georgia, Tennessee, and Wisconsin.

Misdemeanors – Process

Stage 1: Charges

Criminal charges generally fall into two categories; misdemeanors and felonies. Felonies, the more serious charges, are those crimes which are potentially punishable by imprisonment in a State prison. Misdemeanors are punishable by fine and/or imprisonment in a county jail for up to one year. Misdemeanors include such offenses are petty theft, drunk driving, simple assault and domestic violence.

Stage 2: Arraignment

When charged with a misdemeanor, the first court appearance is the arraignment. If represented by counsel, the defendant does not have to appear in court, except in domestic violence cases, where this appearance is mandatory. In fact, if represented by counsel, a misdemeanant probably will never have to make a personal court appearance, if he or she so chooses. At the arraignment, a formal charge is filed by the prosecutor and the defendant is asked to enter a plea. If in custody, the amount of bail is usually reviewed.

Stage 3: Discovery

Following arraignment, the defense counsel is provided with “discovery” materials by the prosecutor. This includes police reports regarding the case, witness statements, photographs, etc. Having received these materials, the attorney is then prepared for the next appearance, which is deemed a “readiness conference.” The purpose of this hearing is essentially to determine whether a settled disposition-“plea bargain”-can be reached. If so, the defendant signs a written plea agreement, which the attorney submits to the court and sentence is imposed. If not, the case proceeds to trial.

Stage 4: Trial

In any case in which the defendant is potentially liable to receive a term of imprisonment, he or she has a constitutional right to be tried by a jury. Barring a negotiated settlement, the case will proceed to trial. A verdict, whether a finding of guilty or not guilty, must be unanimous or a mistrial is declared.

If the defendant is found not guilty, the case is ended. There can be no retrial, based on the Double Jeopardy Clause. If found guilty, a sentencing hearing is set. As noted, misdemeanors carry a maximum of one year in jail and a $10.000 fine. An appeal to the appellate department of the superior court may be taken, if the defendant desires.

Juvenile Matters

You may need an experienced attorney to help protect a minor if the minor is charged with a serious crime, as one of the following;

  • Aggravated Assault
  • Assault
  • Assault and Battery
  • Battery
  • Drug Offense
  • First Degree Murder
  • Homicide
  • Justifiable Homicide
  • Manslaughter
  • Murder
  • Second Degree Murder

Juvenile Crimes fall under the umbrella of a criminal law practice. Juvenile crime is applicable to persons not old enough to be held responsible for criminal acts. In Oklahoma, the age for criminal culpability is set at 18 years. Fuller, Chlouber & Frizzell, L.L.P. has experienced criminal defense attorneys familiar with Oklahoma’s juvenile code.

Expungements

Expungement (also called “expunction”) is a court-ordered process in which the legal record of an arrest and/or a criminal conviction is “sealed,” or erased in the eyes of the law. When a conviction is expunged, the process may also be referred to as “setting aside a criminal conviction.” The availability of expungement, and the procedure for getting an arrest or conviction expunged, will vary according to the state and court in which the arrest or conviction occurred. Juvenile cases, misdemeanors, and some felony offenses are eligible for expungements in certain circumstances.

Benefit of an Expungement

Pursuant to Oklahoma law, when an expungement is received from the court, the underlying arrest or conviction expunged, “shall be deemed never to have occurred, and the person in interest and all criminal justice agencies may properly reply, upon any inquiry in the matter, that no such action ever occurred and that no such record exists with respect to such person.” This means that the expunged arrest and conviction will not appear on background checks and that you can legally answer on employment applications, et cetera, as if they never occurred.

Do I qualify for an Oklahoma Expungement?

Many Oklahomans are eligible to expunge their criminal convictions or arrests, without knowing it. There are two (2) main type of expungments under Oklahoma statutes:

  • Deferred Sentence Expungement. A deferred sentence expungement follows the successful completion of probation under a deferred sentencing agreement and results in the criminal case being sealed and no conviction resulting from the prosecution. If you received a deferred sentence and your criminal case is still showing online or on background checks, call the criminal defense lawyers at Fuller, Chlouber & Frizzell, L.L.P. to speak to an attorney about whether your specific circumstances qualify for an expungement.
  • Complete Expungement. A complete expungement expunges the court case, any conviction, and the arrest and results in a clean slate. Complete expungements are available to misdemeanor offenses and many felony convictions as well, if one of the statutory criteria is met. A few of these criteria include: cases where the charge was dismissed within a year of filing, cases where the defendant was found not guilty (acquitted) at trial, and cases where ten (10) years have passed since the conviction without any further charges. There are also additional circumstances that allow expungement, so if you have a criminal conviction call the criminal defense attorneys at Fuller, Chlouber & Frizzell, L.L.P. to speak to a lawyer about whether your specific circumstances qualify for an expungement.

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