Oklahoma Computer Crimes Act - Felonies and Misdemeanors

The words "computer crime" generally conjures one of two ideas: high-tech espionage or child pornography. However, in Oklahoma these take on a much broader approach. From online solicitation of a minor and other internet sex crimes to hacking and fraud, these crimes in Oklahoma are clearly defined by the Oklahoma Computer Crimes Act (21 O.S. 1951 et. seq.). Section 1953 of the Oklahoma Statutes deems the following to be criminal offenses: (partial list)

1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, network or any other property;

2. Use a computer or any other property as defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;

3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;

4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;

Under the Oklahoma law, some of these crimes are misdemeanor offenses, but most of the offenses are felonies. Misdemeanors include:

• Accessing a computer or network without authorization
• Using or allowing the use of a computer service without authorization
• Using a computer, computer system, or computer network to abuse, threaten, or harass another individual

The six remaining crimes are felonies. Some specific examples of CPU crime include internet fraud; computer sexual exploitation; copyright piracy (illegally downloading music, for example); hacking; and development and distribution of viruses, worms, bots, spyware, and malware.

Along with the increasing access to computers and the internet comes increased responsibility for ethical use of technology. By abusing the privileges of technology through internet sex crimes and other computer crimes, one risks the consequences of conviction. Conviction of a misdemeanor computer crime in Oklahoma is can result in a maximum sentence of 30 days in jail and up to $5,000 in fines. Oklahoma computer crime felonies are punishable by fines of $5,000 to $100,000 and a maximum prison sentence of ten years. Additionally those convicted are also subject to civil lawsuits as well as criminal charges.

Understanding Oklahoma Expungement Laws

The negative impact of criminal record can last far beyond the trial and sentencing. A history of arrest, criminal charges, and conviction carry a stigma that can make ordinary tasks-like being accepted into college or finding a good job-nearly impossible. Many people don't realize that arrest records are still available even if they were not convicted or if their sentences were deferred. In order to have those records cleared in Oklahoma, one needs to petition the court for an expungement.

An expungement is the legal process of having criminal records sealed from public view. In many counties in Oklahoma, a motion to expunge is filed in the criminal case; however, in Oklahoma County, a petition for expungement is filed in civil court. An Oklahoma expungement lawyer can help the client petition the appropriate court to have his or her record sealed.

Under Oklahoma law, there are two types of expungements. The most common type is Title 22 O.S. 991c of the Oklahoma Statutes. This type of expungement allows the sealing of one's court record after the completion of a deferred sentence following a plea of guilt or no contest. While this removes the defendant's name from the court docket and from public records, it does not completely eliminate his or her association with the charge. The criminal history remains on file with the Oklahoma State Bureau of Investigation (OSBI). A 991c expungement has no impact on the arrest record with the OSBI.

The second type of expungement is more desirable to those seeking to have their records cleared, but it is also more difficult to obtain. Title 22 O.S. 18 allows for not only the sealing of court records from public view, but also for the purging of arrest records, including those in the OSBI's criminal history records. In order to be eligible for a 18 expungement, the petitioner must meet one of ten criteria:

• The person has been acquitted.
• The conviction was reversed and the charge was dismissed.
• Factual innocence was proven through DNA evidence after the conviction.
• The person has received a full pardon from the Governor.
• No charges were filed after the arrest, or charges were dismissed within one year of arrest.
• The statute of limitations on the offense expired, and no charges were filed.
• The person was a juvenile (under 18 years old) at the time the offense was committed, and he or she has received a full pardon.
• The offense was a misdemeanor, and ten years have passed since judgment with no further misdemeanors or felony charges in the meantime.
• The offense was a nonviolent felony, the person has received a full pardon, and ten years have passed with no other felony or misdemeanor charges or convictions.
• The person was arrested or charged with a crime that was committed by someone else using that person's name or ID without consent.

Even if one qualifies under 991c or 18, an expungement is not guaranteed. The OSBI can object to an expungement if they feel that maintaining a public record of the criminal history serves the public interest more than it hinders the individual who is petitioning for expungement. For this reason, and to ensure proper petitioning procedures under Title 22 O.S. 19, it is important for anyone seeking to clear his or her arrest record or history of criminal charges and convictions to seek the assistance of an experienced Oklahoma expungement attorney with a proven record of helping clients successfully clean the slate. An expungement is an effective way of unburdening the past and allowing oneself to seek a brighter future.

What You Need to Know About Getting a Divorce in Oklahoma

If you are planning on getting a divorce in Oklahoma, you should be told that divorce can be very stressful. Most people who decide to break up their marriage due to constant stress are shocked to find out that the divorce process is even more stressful and emotionally demanding than they thought. As stressful as your marriage is, the divorce process and divorce may be worse.

The first thing you need to know about getting a divorce in Oklahoma is that you must be a resident of Oklahoma for a least 6 consecutive months before going to the district court to file a petition for divorce. You must file a verified petition for divorce in the county where you or your spouse has resided for at least 30 consecutive days prior to filing your divorce petition.

In an action for divorce, if the divorcing parties have minor children, there is typically a 90 day waiting period between the time a divorce can be granted by the court and the filing date of the petition. Any divorces that do not involve minor children can be finalized in as little as 10 days from the date of filing the petition for divorce.

Before getting a divorce in Oklahoma, you need to know that support alimony is the payment of a sum certain from one party to the other. Support alimony may be ordered in a divorce proceeding in addition to child support. Whether support alimony payments are appropriate in a case depends upon one party's need for support and the other's ability to pay support alimony. Support alimony is considered taxable income to the receiving party. Alimony in lieu of property division is separate and distinct from support alimony. Often the division of marital property can be difficult when dealing with marital assets such as a family owned business. The party responsible for paying alimony in lieu of property division is typically awarded an asset, and ordered to pay the opposing party alimony in lieu of property division for the other party's share of the value of the marital asset.

Oklahoma is an equitable distribution state as such, in contested divorce actions; property and debt are divided by the court according to what the court decides to be an equitable division of property and debt between the parties. An equitable division does not necessarily mean an equal (50/50) division of the property.

What you should also know about getting a divorce in Oklahoma is that the court may grant the care, custody, and control of a child to either parent or to the parents jointly. In awarding the custody of a minor unmarried child or in appointing a general guardian for said child, the court shall consider what appears to be in the best interests of the physical and mental and moral welfare of the child.

The legal grounds for divorce include any of the following causes:

o Adultery.
o Impotency
o Abandonment for one year
o When the wife at the time of her marriage, was pregnant by another than her husband.
o Extreme cruelty.
o Fraudulent contract.
o Incompatibility
o Habitual drunkenness.
o Gross neglect of duty.
o Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.

o The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.

o Insanity for a period of five (5) years. No divorce shall be granted because of insanity until after a thorough examination of such insane person by three physicians, one of which physicians shall be a superintendent of the hospital or sanitarium for the insane, in which the insane defendant is confined, and the other two physicians to be appointed by the court before whom the action is pending, any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the state of Oklahoma, unless the person applying for such divorce shall have been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action; and provided further, that a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant.

It will interest you to know that the risk of suicide is greater for people going through divorce. You become more vulnerable to psychiatric problems such as depression and anxiety. Your relationships with your spouse, friends and family developed over the years during your marriage will be adversely affected. It is wise you think properly of the consequences before getting a divorce in Oklahoma. "I hate divorce," says the LORD God of Israel. (Malachi 2: 16).

Oklahoma Public Records - Where to Get It

Oklahoma public records contain archives of personal important files of the people in this locality; such as birth and death certificates, and marriage and divorce documents among many others. It also contains other pertinent data such as criminal and court cases, felony charges, warrants of arrests, and so on; for these reasons, a lot of individuals are yearning to get access to this database which has many uses in various aspects of life.

There are numerous ways of accessing public records of Oklahoma; the traditional way of doing it still applies as among the best methods of getting your desired personal data, especially if you need to secure the certified copies, and that is by personally going to the respective government office where it was filed and make your request for the said documents. In most cases, the County office can produce the certified papers within the day; as long as you submit the application within the cut-off time.

For this locality, the database is divided among two major agencies in charge of these documents; for birth and death certificates, you can make you request for the said data at the records service of the Department of Health situated at 1000 Northeast 10th Oklahoma City, OK 73117. You can also call their hotline number (405) 271-4040. However, for marriage and divorce files, this can be obtained at the County Clerks Office.

Fortunately, today there is a better way of getting Oklahoma public records where you can instantly get the data that you are seeking for within just few minutes of search; without even going out of your house. All you need to have is your laptop or computer and an online access, and you can use the services of third party companies where you can perform your search anytime you want; regardless of your location.

This option may require minimal investment from you which can cost you around $20 to $45 per year for the membership of these sites; the benefits that you shall get is awesome because you can perform unlimited searches during this period and the results are also excellent because you can gain access to your own personal files, as well the files of other people.

In any case, just select which among the stated options of getting Oklahoma public records is best suited for you.

Oklahoma Court Records - Are They Available For Download on the Internet?

Are you looking for court record cases that happened in the state of Oklahoma? If you are, you will see that it will be available online. All you need to do is visit the Oklahoma District Court Records website and you will be able to find the court record you need.

However, it is important to remember that when you are looking for court records, details are important. This means that you have to specify the case you are looking for including the name of the plaintiff and the defendant as well as the activity date and the case number that you are searching for.

You also need to know which county in Oklahoma the case happened. This way, the search will be accurate and also a lot quicker. The court records in the Oklahoma District Court Records website are updated constantly. When the website or the archives are being updated, the court records may be unavailable for viewing. You might have to wait until the update process is completed in order for you to view it online.

These are the things that you have to remember when you are looking for Oklahoma court records in the web. Always remember that whenever you are searching for court records, you have to specify everything. You have to have the name of the plaintiff and the defendant, which county to search, and also the date of the court case. By providing the necessary information, which includes the case number, you will be able to find the right court record that you are looking for.

If you cannot find what you are looking for at the Oklahoma District Court Records website, there are other places online to turn. Sites like On Demand Court Records (odcr.com) provide up to the minute updates of court cases for certain areas. There are also a number of public records sites like PublicRecordFinder and SearchSystems which offer details from Oklahoma Court Dockets.

If the online option does not work for you, you can always pay a visit to your local county court house. Most court records are public records so you should be able to search them. You may want to call ahead to make sure of open hours to the public.

If you do not have the time to search yourself or you need help, you might want to consider using a Court Records Online Search tool. These tools pool databases together to create one massive data source to search. This is how private investigators quickly get their data.

Oklahoma Criminal Records

Among the different states in the U.S. there are some states that make it a point to provide their citizens with a wide selection of sources from which their citizens can again access to information on criminal records. Usually, these states do so because of the large number of rims and individuals who need this kind of information. One good example of such a state is California, wherein the people of California can expect to have at least three sources of criminal records from state authorities. As a result, the people of California are given convenient and practical ways to access the criminal records of people. Another very good example of such as state is Oklahoma, as the people of Oklahoma are also provided with at least three sources of information on criminal records.

Sources of information on criminal records in Oklahoma

One very good source of information on criminal records in Oklahoma is the web site of the Ohio Department of Corrections (www.doc.state.ok.us) where people can gain access to two offender information databases. These two databases include the database that contain information on habitual and aggravated sex offenders and the database on other current and former inmates of the state. The usual information provided by these databases include the name of the offender, his physical description, his sentence information, and the facility where he is incarcerated. Another good source of information on criminal records in Oklahoma is the web site of the Oklahoma District Court Records (www.odcr.com) where people are given access to both criminal and civil cases information, which include the names of the parties, the status of the case, and the date the case was filed.

Another good source of criminal records in Oklahoma is the web site of the Oklahoma State Courts Network (www.oscn.net/applications/oscn/casesearch.asp), where information on criminal, civil, probate, traffic, and other cases are provided to the public. In addition to these, information on licenses and tax liens is also provided on this web site.

Across the different states in the U.S., Oklahoma is a good example of a state that offers its citizens with a wide selection of sources of information on criminal records, which people can access for various reasons. This is because the state government of the state together with other state authorities, which includes the judiciary provide the citizens of Oklahoma at least three sources, especially on the Internet, of information on criminal records.

Oklahoma County Public Records - Finding Current Data in Public Record Sites

Everyone knows that online searching has certainly increased over the past few years thanks to Google for increased effectiveness. This has certainly affected public records searches now that many new websites have appeared that offer effective nationwide database searches for County and State records searches.

The most popular searches seem to be people searches, criminal background checks, and cell phone traces. How can Oklahoma public records searchers benefit by using nationwide public record database search sites?

When searching for individuals a few important pieces of information are important. The individuals full name spelled correctly. It would be helpful to have the last place of residence and the age and birthplace. This preliminary search would find the persons identity out of millions of available records.

The comprehensive background check would fill in the rest of the profile after making a definite identification of the person. Other details could be determined such as phone numbers, address history, marital status, property information, liens, bankruptcies, and judgments as well as other detailed searches.

With the increase use of cell phones and personal information devices, reverse trace for cell phone numbers has been on the rise. Although many of the free services claim to offer cell phone traces, when you try to get the detailed results they always ask for a fee. Although the fee based sites ask for a modest fee for annual services they have the updated databases to give you the necessary information.

The time to switch over to fee based public record searches is now. If you are searching online and you are in the state of Oklahoma you can try some of the current national public records searches and find the information you are looking for.

Guide to Oklahoma Workers Compensation Benefits

If you have been injured on the job, you likely understand that there is a long list of requirements through which you must pass in order to secure the financial benefits you need to properly recover and hopefully return to work. Workers' compensation law in Oklahoma, like every other jurisdiction, can be quite complicated in nature. If you are having problems obtaining benefits, you should not attempt to handle the situation by yourself. Contact a workers' compensation attorney to review your case.

In the meantime, below are some basic considerations that are always relevant when it comes to workers' compensation claims and issues.

Intent behind Oklahoma Workers' Compensation Laws

Although it may come as a surprise to many, the intent behind workers' compensation laws in Oklahoma is to protect both the worker and the employer. Clearly, the laws in place protect the worker by way of providing for clear and nearly immediate benefits in some cases that allow the injured worker to get the health care he or she needs and to make sure that basic bills are paid.

These laws also protect the employer in several ways. Basically, these laws serve as a shield from most litigation against employees. The reasons are that the amount in benefits that an injured worker receives is pre-set by the Oklahoma statutes and that the employer will generally already have funds available for the worker given the company's contributions to the workers' compensation insurance fund.

Those Covered

The workers' compensation laws in Oklahoma cover all employees with very few exceptions. The only well-known exception for employers is a company that has 5 or fewer employees, all of whom are directly related to the employer. Otherwise, workers can rest assured that if they are injured on the job, there will be remedies and help available to them.

Generally, the Oklahoma Commissioner of Labor has the authority to oversee the workers' compensation program and claims and also to enforce the law and penalties should violations occur. In 1986, the state legislature enacted a law that provided the Commissioner of Labor the discretion to levy civil penalty fines of up to $10,000, and to file criminal charges with the District Attorney in cases of willful violation of the workers compensation laws.

Your Next Step
As you see, much of what happens when a worker is injured on the job is governed directly by state law. However, that does not mean that you should not seek immediate help from an Oklahoma workers' compensation attorney if you are having problems obtaining the benefits you deserve. Contact an attorney today if you need help enforcing your rights under Oklahoma law.

Increase Your Oklahoma Car Wreck Settlement

Oklahoma Car Accident Victims - Why You Need an Attorney

If you or someone you love has been involved in a car accident, you unfortunately have a lot to deal with on your road to recovery in every way. As is the case with many car accidents, you are probably dealing with physical injuries, emotional trauma, pain and suffering and you face a mounting pile of bills. These bills can be related to your medical care, even if you have insurance coverage and to your automobile, as we are a society that needs our cars to get around, which needs that it either needs to be repaired or replaced.

When faced with this situation, the last thing you should do is attempt to handle it yourself. There are many reasons for this reality which will be discussed below, but the bottom line is that if you or someone you love has suffered through this experience, you need the help of an experienced Oklahoma car accident attorney to make sure that your rights are enforced properly.

Below are a few reasons why you need an attorney to help you through the aftermath of an auto accident:

Reason One - Knowledge

An auto accident attorney who has handled several of these cases will have a full understanding of the law that applies to this situation, to the evidence that may or may not be admissible if the matter must go to trial, and how to deal with the opposite party. Many times, understanding the power of the evidence that will work in your favor can be a factor in coming to a settlement, but only if the other party understands that you have someone working with you who knows this as well.

Reason Two - Negotiating Skill

Before an auto accident case goes to trial, there is almost always a period where the two parties negotiate a settlement to the matter. However, again, you should not attempt to handle this situation yourself, as the other party's insurance company will doubtlessly employ a team of defense attorney whose mission is simply to limit the amount of liability and pay-out that their client will incur.

Therefore, you need an Oklahoma injury lawyer who will be able to cut through the red tape that's often in place because of the defense attorneys, and he or she will also be able to pierce through the unfortunate 'runaround' that is part of many defense positions. Simply put, an auto accident attorney will likely be able to move towards a solution in a shorter amount of time and also able to negotiate a settlement amount that's fair for you.

Your Next Step

Finally, as you see, you basically have two choices when you've been victimized by an auto accident - attempt to handle the matter yourself and be forced to learn an entirely new language known as 'legalese' or retain an auto accident attorney who already has years of training and experience in this regard to handle this situation for you. The defendants will also understand this difference, which is why you need to contact an auto accident attorney as soon as possible to get the process of evaluating and enforcing your rights started.

Personal Injury Law in Oklahoma Has Changed - Limiting Oklahoma Citizens Rights

Last year, the Oklahoma Legislature, with the passage of the Comprehensive Lawsuit Reform Act, changed the way damages are awarded in personal injury cases in Oklahoma. This act substantially affects the rights of Oklahoma citizens when it comes to personal injury claims. Therefore, all Oklahoma citizens should be made aware of the changes in the law.

This new law places a cap of $400,000 on non-economic damages in any suit where bodily injury has been alleged. Non-economic damages for example would be in the nature of damages for physical pain and suffering, mental pain and suffering, physical impairment and disfigurement. This new law negatively affects the rights of a large portion of Oklahoma's citizenship including minor children, retirees and individuals who are unemployed. The reason being is that these individuals have no loss of income claim. Therefore, their damages may be limited to medical expenses and up to $400,000.

However, the "saving grace", if you want to call it that, is that this law provides situations when the cap can be lifted. These situations are as follows:

1. A Plaintiff suffers permanent or substantial physical abnormality, disfigurement, loss of use of limb or substantial impairment to a major body organ or system.
2. A Plaintiff suffers permanent physical functional injury that prevents them from being able to care for themselves and perform life-sustaining activity.
3. The Defendants acts were with reckless disregard, grossly negligent, fraudulent or intentional and with malice.

As to personal injury suits against a physician, both the judge and the jury must find one of the conditions above by clear and convincing evidence. This is a higher burden to meet than the preponderance of evidence standard. In suits against non-physicians (all other suits; car accidents, truck accidents, motorcycle accidents, slip and falls, dog bites etc...), a jury must find one of the conditions by a preponderance of the evidence. Jurors will not be advised of the cap at any time during the trial. However, they will be asked to return a verdict with answers to questions based on the above 3 situations.

This new statute does not apply to claims under the Governmental Tort Claim Act; personal injury claims against governmental entities such as a fire department or police department and does not apply to claims for wrongful death.

It is important to note that this new personal injury provision, which became law on November 1, 2009, does not take effect until a Health Care Indemnity Fund is created and funded by the State. It is unknown at this time if and when a Health Care Indemnity Fund will be created and funded by the State.

In addition to the above, another notable provision is contained in this new law. Evidence of a persons failure to wear a seat belt will now be made part of the evidence in car accident and truck accident cases. Oklahoma's former law provided that a drivers use or non-use of a seat belt was irrelevant when it came to car accident cases. This new law provides that if an operator of a vehicle does not wear a seat belt and is involved in an accident, the failure to wear a seat belt may be used against that person in a car accident lawsuit. In essence, although the person did not cause the accident, he or she may be blamed for his or her own injuries because of the non-use of a seat belt. Therefore, it is now extremely important to wear a seat belt while operating or riding as a passenger in a car or truck.