Judiciary Integrity or Court Of Public Opinion

This is Part One in a beginning series about Oklahoma judges and their ability to rule on the law and not on the Court Of Public Opinion.

Over the past few years there have been pushes to undermine our Judiciary (our court system).  The issue at stake is that judges are appointed so they are able to rule and focus on the law.  The “pushes” are to remove that appointment and make the positions an elected position.

The concern is that when judges are an elected position, judges will not rule solely on the law- they will rule while taking into consideration the Court Of Public Opinion.

To look at this a different way: you are facing conviction and your judge is thinking about the law along with how your case will make him/her look in the news media.  Do you want your judge making a decision about your future while weighing television headlines?

Tom Hosty has over 11 years experience defending Oklahomans and protecting their rights. 

Once you have been arrested, time is critical.

Call today and schedule your FREE office visit with Tom so you can start the process to protect your freedom.

The Hosty Law Office are experts in defending people arrested for drunk driving, DWI APC, drug charges, felonies and misdemeanors.  Call us so we can help; it’s what we do.

405-235-4040 (click to dial office)
405-210-3462 (click to dial Tom’s cell phone)

       

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What Does “Immigration Reform” Mean For Oklahoma?

This past year there has been a lot of conversation about immigration reform and how can it be accomplished for the betterment of our people, Oklahoma and America.

Would true reform include citizenship for people who are working legally (as unauthorized aliens), paying taxes, learn English and don’t have a criminal background?

The US Census Bureau shows Oklahoma’s foreign-born population increased 2.5 times in size between 2011 – 1990.  This means close to one in nine Oklahomans are Latino or Asian.

Unauthorized immigrants made up around two percent of Oklahoma’s population in 2010, according to The Pew Hispanic Center.

Many of these people are hardworking members of their communities.  Some may be business owners, providing jobs, paying taxes and putting the money they earn back into the local economy.

Creating ways for them to become citizens is beneficial for them, Oklahoma and our great country.

The Hosty Law Office knows Oklahoma is a great place to live, raise a family and work.  Growing our great state makes it better for all of us.

Tom Hosty has over 11 years experience defending Oklahomans and protecting their rights.

 

Once you have been arrested, time is critical.

Call today and schedule your FREE office visit with Tom so you can start the process to protect your freedom.

The Hosty Law Office are experts in defending people arrested for drunk driving, DWI APC, drug charges, felonies and misdemeanors.  Call us so we can help; it’s what we do.

405-235-4040 (click to dial office)
405-210-3462 (click to dial Tom’s cell phone)

      

 

 

 

 

 

 

 

 

 

 

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Holiday Party Drink Alternatives To Alcohol

According to the Oklahoma Highway Patrol, alcohol-related fatalities increased 10 percent from 2011 to 2012.  To help combat the holiday season drinking and driving Chuck Mai, spokesman for AAA Oklahoma sponsored the 2013 Great Pretenders Mocktail Mix-Off held at Iron Starr BBQ at 3700 North Shartel.

The event was a mix contest themed with “zero-proof” drinks.  “Used with alcoholic drinks, they (zero-proof drinks) can slow down the absorption level of alcohol in the blood stream and can make them safer drivers,” Mai said.

There were nine teams made up of college students from the University of Oklahoma and Oklahoma State University.  Three food critics rated the zero-proof drinks on four criteria — name, originality, taste and appearance.

The Hosty Law Office applauds events like this because they provide fun and new ways of multiple non-alcoholic alternatives for parties and other get-togethers.

Stat Alert for 2012-

• 38% of all traffic fatalities were alcohol-related
• November 2012- Oklahoma City Police made 197 arrests for DUI (driving under the influence) and APC (actual physical control)
• December 2012- Oklahoma City Police made 226 arrests for the same crimes; an increase of 12.8%

During this time of year (November and December) there is an increase of officers patrolling the streets looking for drivers that may be over the legal limit.  Signs police officers are looking for:

• Weaving
• Unsafe driving
• Driving slower and the normal flow of traffic
• Lane change without signaling
• All other traffic laws being broken

Aside from alcohol in your system, what else can make you appear intoxicated to an officer?

• The flu, cold medicine, too much food, lack of sleep and other factors may slow your reaction times or focus
• If you are having a problem with your medications
• Anything else to take your mind off the responsibility of driving your vehicle safely.

Original article

Tom Hosty has over 10 years experience defending Oklahomans and protecting their rights.

Once you have been arrested, time is critical.

Call today and schedule your free consultation with Tom so you can start the process to protect your freedom.

The Hosty Law Office are experts in defending people arrested for drunk driving, DWI APC, drug charges, felonies and misdemeanors.  Call us so we can help; it’s what we do.

405-235-4040 (click to dial office)
405-210-3462 (click to dial Tom’s cell phone)

204 North Robinson, Suite 1717

Oklahoma City, OK 73102

 

 

 

 

 

 

 

 

 

 

Oklahoma Inmates On Facebook

Oklahoma inmate searches for cell phones are regular occurrences, but the flow of smuggled cell phones doesn’t slow.  Inmates are using the phones to access Facebook reach out to family, women, post updates with selfies, access adult material and in one case- run a drug ring.

Oklahoma inmates gain access with smuggled cell phones brought in by family or a using a complex smuggling network.  With prisons that are in remote areas phones are sometimes thrown over the fences in bags.

How many are smuggled each year?  Since the beginning of 2012, records show that guards have caught inmates with cellphones or found evidence that a cell phone was used more than 3,000 times.  Of those inmates, around 200 were murderers.

Can the cell phones be blocked once they are inside?  No.  Prison officials continue regular shakedowns and searches, which are effective but only keep the number of phones low.  When inmates are caught with a cell phone, they face disciplinary measures that normally involve losing good behavior rewards.

Is this a danger?  It can be if you’re not careful who you contact, Like and receive messages from.  With everything you do online, common sense is your best safeguard.

The Hosty Law Office wants everyone to be safe online and to not blindly click on what is on the screen.  Ask yourself simple questions: “Do I know this person?” “Why was I contacted by this person?” “If I respond this will tell the other person I want to continue to communicate.”

If you find yourself in a blackmail, white collar crime, larceny or other criminal defense situation, we will help.  We will sit down with you and listen to your side of things.

-Thomas Hosty

405-235-4040

204 North Robinson Avenue, Suite 1717

Oklahoma City, OK 73102

http://www.HostyLaw.com

Handgun Permit Applications Increasing

This year, 2013, the amount of people applying for handgun licenses in Oklahoma is on pace to increase by 60 percent over 2012.  According to the Oklahoma State Bureau of Investigations (OSBI).

The permit allows an Oklahoma resident to legally carry their firearm openly in public.  The former law only allowed for concealed carry (you may have your firearm with you, but it may not bee seen).

Jessica Brown, spokeswoman for the OSBI, “We don’t know why it went up so much.”  This trend is not alone to Oklahoma, other states are seeing similar trends.

Handgun Permit Application Submissions In Oklahoma

Miles Hall, Founder of H & H Shooting Sports, has seen this trend for himself and the demographic of people submitting applications is across the board.  His sports complex, here in Oklahoma City, is one of the largest in the Midwest where people may submit applications, receive professional safety training and advanced classes.

Betsy Randolph, spokeswoman for Oklahoma Department of Public Safety, thinks the increased violence in the past few years and press coverage of increasing gun control have led to people purchasing firearms and attaining concealed-carry permits.

Entire Article- CLICK HERE

Thomas Hosty of the Hosty Law Office asks that everyone follow the law and is responsible with a firearm at all times.

If something does happen and you find yourself or someone you know, needing professional criminal defense, he has over 21 years experience and will stand up for your rights in court.

405-235-4040

Flawed Drivers License System Causing People To Wrongly Lose Their License?

Lose your license between 1/2008 – 12/2012?

More than 40,000 Oklahomans have requested hearings about their drivers license being taken from them between 1/2008 to 12/2012.  Are you one of these people?

How We Got Here:

Documents used by the Department of Public Safety to revoke people’s drivers licenses after DUI breath tests were not in compliance with state law.  This raises serious questions about past cases, causing 40K+ people file for a hearing.

Adding to the problem, back in 1990 DPS was told about this problem by the Oklahoma Supreme Court.  At that time the phrase “Fatally flawed” was used to describe DPS’s license revocation documentation.  the issue is that the blood-alcohol test reports did not comply with wording in state law.

In mid October, Oklahoma’s Court of Appeals rulings ordered lower courts to dismiss license revocations for two people in Tulsa county and one in Cleveland County.

The Department of Public Safety is taking the position that they will not ask the Oklahoma Supreme Court to review the cases and decisions.  Even though back in 1990 the same court (OSC) told DPS their paperwork was “Fatally flawed.”

Recently a “Supplemental sworn report” is now included by the arresting officer.  There doesn’t seem to be any action to change the form that doesn’t comply with state law, just another form…

Thomas Hosty

If you had your drivers license taken from you between 1/2008 and 12/2012, call our office (405-235-4040) and schedule your FREE office visit.  Thomas Hosty is available by appointment only and want to hear your side of things.

He is one of Oklahoma’s premier DUI and Criminal Defense attorneys and has been in practice since 1992.  He is located in the middle of downtown OKC- 204 N. Robinson, Suite 1717, Oklahoma City, OK 73102.

Click here for Google Maps directions.

Are Privately Run Prisons A Long Term Option?

Front Gate

The prison population continues to rise in Oklahoma and it doesn’t look like that trend is going to change.  The number of inmates in state-run and private prisons now exceeds 26,700.

The Department of Corrections budget, unfortunately, is not growing to keep up with population increases.

In 2012 the amount of private prison beds leased by the state increased by about 1,000, totaling more than 5,800.  This is nearly a quarter of Oklahoma’s inmate population.

Rep. Gus Blackwell, R-Laverne is concerned about the current corrections system running at 98% capacity and that overcrowding is compromising public safety.  One possibility he mentioned was to increase private bed space by 3,000 to alleviate some pressure on the system.

In Oklahoma there are three private prisons contracting with the state.  One is at capacity and two others- Diamondback facility in Watonga and Great Plains in Hinton, both remain vacant.

Rep. Cory Williams, D-Stillwater and Rep. Blackwell agree private prisons may be a short-term option but long-term reform is necessary.

Taking a good look at why someone is being incarcerated is important.  Rep. Blackwell says that nonviolent offenders may be better served in community corrections instead of prisons.  Nonviolent offenders may up 52% of Oklahoma’s inmate population.

The Hosty Law Office understands that a change may be necessary to the corrections process and looks forward to the law being followed.

Tom Hosty has over 10 years experience defending Oklahomans and protecting their rights.

Once you have been arrested, time is critical. 

Call today and schedule your free consultation with Tom so you can start the process to protect your freedom.

The Hosty Law Office are experts in defending people arrested for drunk driving, DWI APC, drug charges, felonies and misdemeanors.  Call us so we can help; it’s what we do.

405-235-4040 (click to dial office)
405-210-3462 (click to dial Tom’s cell phone)

 

Photo: Wesley Fryer, Flickr

K2 / Spice Now Included In Some High School Drug Testing

Random drug testing is now part of the norm with extracurricular school activities in areas of Oklahoma.  The Kingfisher school district now includes K2 “Spice” in their testing.

School Superintendent Jason Sternberger says the intent is to catch drug use early and get parents / guardians involved and get kids the counseling they need.

Superintendent Sternberger also hopes it will not only identify students with drug problems, but also give kids an ability to stand up to peer pressure out of fear of testing positive.

Testing is random, but parents / guardians are able to confidentially request their child gets tested.  If you want to learn more about Kingfisher’s drug testing policy, click here.  If you have a child that you want to get tested, please contact your local school or school district.  It’s everyone’s responsibility to protect children.

The Hosty Law Office applauds Superintendent Sternberger and the Kingfisher Public School System, along with every school taking steps to protect children and being proactive against drug use and abuse in children

Tom Hosty has 21 years experience defending Oklahomans and protecting their rights.

Once you have been arrested, time is critical.

Call today and schedule your free consultation with Tom so you can start the process to protect your freedoms.

The Hosty Law Office are experts in defending people arrested for drunk driving, DWI APC, drug charges, felonies and misdemeanors.  Call us so we can help; it’s what we do.

405-235-4040 (click to dial office)
405-210-3462 (click to dial Tom’s cell phone)

  

Original article: KFOR.com

Picture courtesy of Life Mental Health

DUI MAY CHANGE TO MISDEMEANOR FOR SOME

The Skinny:

Back in 2011 Oklahoma passed a law elevating a DUI to a felony if the arrest was the second DUI within ten years of the first.  The defendant would have also plead guilty or no contest to the first offense.

Somehow, the law was applied retroactively to individuals who completed a deferred sentence prior to the enactment of the law.

Because of this, prosecutors (including Tom Hosty) have been arguing before the appeals court that the law is applicable to everyone convicted or pleaded guilty to DUI.  It has been ruled that the law cannot effect people and cases in the past.

Where Things Stand:

The decision gives hundreds of pending felony DUI cases may be changed to misdemeanors if the first sentence was completed before 11/1/2011.

Initial post by: Phillips and Associates

Anyone who thinks Attorneys are anything else than ethical and work for the best of their clients may go kick rocks.

Tom Hosty has over 10 years experience defending Oklahomans and protecting their rights.

Once you have been arrested, time is critical.

Call today and schedule your free consultation with Tom so you can start the process to protect your freedom.

The Hosty Law Office are experts in defending people arrested for drunk driving, DWI APC, drug charges, felonies and misdemeanors.  Call us so we can help; it’s what we do.

405-235-4040 (click to dial office)
405-210-3462 (click to dial Tom’s cell phone)

A Possible Option To Trial In Oklahoma: Mediation

In the court room, tempers can be frayed, emotions run high, lives can be devastated.  Mediation takes those things off the table and provides calm.

Mediation allows parties to resolve conflicts without trial and the structure of the court room.  Attorneys are present allowing people to talk and resolve their problems.

Jennifer Irish, a Edmond attorney, “The parties are making the decisions about the outcome of the case.  That’s empowering.”

Christi Chesley, a Norman divorce attorney and mediator, “With mediation it’s a more peaceful alternative.”

For people who aren’t able to afford or don’t want to pay for mediation, residents of Oklahoma, Cleveland and Canadian counties can receive mediation at no cost.

The Hosty Law Office always wants a peaceful end to a marriage; one that takes care of children and both spouses.  People are most important and should not be used as pawns or weapons in a divorce.  Be adults and work together.

Tom Hosty, The Hosty Law Office

405-235-4040

@OKCDUI

Facebook: Hosty Law

(Original NewsOK.com Article)