Criminal Charge: Felony Assault with a Dangerous Weapon
Case: State of Oklahoma v. X [Choctaw]
Summary: Because this young defendant’s charge was reduced to a misdemeanor and deferred for 6 months, it will be expunged and stricken from public record upon successful completion of the short probationary period. Accordingly, the name of this defendant with no criminal history is omitted here.
Originally charged with felony assault with a dangerous weapon, a charge that carries up to 10 years in the state penitentiary, the Choctaw County [OK] judge originally appointed him a lawyer. However, when the defendant rejected the State’s original plea bargain, the judge determined she was no longer poor enough to deserve an appointed lawyer and gave her a deadline to hire one. Eventually the judge jailed her because she couldn’t hire a lawyer. [It’s against the law for a judge to look beyond the wallet of the defendant when determining whether a court-appointed lawyer is required]. McMillion v State, 742 P.2d 1158  and Spain v. District Court of Tulsa County, 882 P.2d 79 .
Her family hired Haslam, who promptly filed a motion and achieved her release from custody the day after she was jailed. Haslam had the district court judge removed for refusing to afford this defendant a court reporter – his wife – at a motion hearing. Thereafter, he sued the City of Hugo under the Oklahoma Public Information Act for failing to produce various police reports – this civil lawsuit settled for approximately $6,000 and the reports were eventually coughed up.
Eventually, the State of Oklahoma reduced the charge to the misdemeanor and 6 months deferred adjudication. The case will be expunged from her record.