Plan to Post Self Defense Videos on Face Book

Readers: Announcing plan to post U.S. Law Shield Videos on Facebook. This effort will continue through 2017.

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Oklahoma Mineral Riches Related to Brine

Not only is Oklahoma a valuable source for Oil and Gas Production, it claims deposits of Brine, saltwater, which ordinarily  is considered a waste or toxic product in the Oil and Gas Industry.  However, one man’s trash is another’s treasure.  For instance who would guess that there is money to be made from processing the pesky saltwater from the production of oil and gas.

Brine is not normally considered a mineral for the purpose of an Oklahoma Oil and Gas Lease, thus a separate brine production lease would need to be signed to protect the mineral owner.  Brine would have to be noted as the particular mineral to be leased with resultant royalty or bonus related to the signing of the lease and fees related to the production of the brine.

Oklahoma’s western counties, Dewey county, Woodward County, Woods County and others are becoming world-known for  rich saltwater, brine,  deposits, used in making iodine.

Iochem, a Japanese Company, is producing Iodine and other products from saltwater, found in Western Oklahoma, and paying good money for leases related to the production of the brine.

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Oklahoma DUI Laws Create a Need for Legal Defense For Citizens and Immigrants

If you find yourself in Oklahoma, best thing to do is to steer clear of John Law.  He will put you in the slammer so fast, it will make your head spin.  A trained and active lawyer is needed by the DUI victim to get him clear of the charges.  Take a look at the trouble one can get into for having some detectable amounts of alcohol in the blood.

Oklahoma has some unusual and all-encompassing dui laws. For example, a particular dui penalty depends not only upon the evidence of the case, but also upon the jurisdiction where you were arrested. Whereas a DUI in a small town may bring a small fine, the same infringement in a large city could bring a significant fine and time in jail. And, as we will see below, the penalties for a DUI in Oklahoma depend on more factors than just your blood alcohol concentration (BAC) or how safely you drive.

There are three different categories of drunk driving in Oklahoma: Driving Under the Influence of alcohol and/or drugs (DUI), Driving While Impaired (DWI), and/or Actual Physical Control (APC). What’s the difference between dui and dwi and apc? If your  BAC is greater than .05 but lower than .08, you will likely be charged with DWI. An Oklahoma DWI usually garners a lesser punishment than does a DUI or APC. If your BAC is .08 or more, and/or your driving ability has been legally impaired by the use of alcohol and/or drugs, you will likely be charged with an Oklahoma DUI. The main difference between APC and DUI is that a DUI requires operation of the vehicle, whereas APC only requires that the vehicle could be driven. Have you heard dui stories of people arrested for drunk driving even when they’ve been sleeping it off in their cars? In Oklahoma, this is called an APC. If you are in a vehicle, and have the ability and potential to drive, you can be arrested if you are found to be impaired. 

What’s the difference between dui and dwi criminal penalties for a first offense?  An Oklahoma DWI will bring a loss of your driver’s license for 30 days, a fine of from $100 to $500, and up to six months in jail. An Oklahoma DUI brings a loss of license from 6 months up to three years depending on the number of previous chemical test failures, fines from $500 to $1,250, 10 days to one year in jail, attendance at a victim’s impact panel, and mandatory alcohol and/or drug assessment + follow the recommendations, which  lead to  enrollment in a substance abuse program. If you’ve been charged with an APC, the consequences to your driver’s license and the dui penalties are basically the same as they are for a DUI.

Oklahoma has zero tolerance for underage drinking. You will be charged with DUI if you have a BAC of .02 and are under the age of 21. Underage drinking penalties include a loss of license for 6 months, a fine from $100 to $500, community service, enrollment in a substance abuse program, or any combination of these.

Drivers who have a commercial driver’s license (CDL) must be very careful, because they can be convicted of an Oklahoma DUI with a BAC of .04 while operating any vehicle. That’s right – even if you’re off duty and driving your own person car, if you have a CDL and a BAC of .04, you can be convicted of DUI. Since this situation can adversely affect your future livelihood, you may want to enlist the help of the best drunk driving lawyer you can find.  Give Robert R. Robles a call if you have problems with DUI laws in Oklahoma.  405 232-7980.  The CDL will be suspended whether or not a conviction is obtained by the prosecution.  All that matters is the result of the chemical test.

Non Citizens and immigrants have it the worse of all, they may work out a favorable plea bargain only to have the Immigration Service ignore the details and slam them with a penalty for a conviction in spite of the fact that the case resulted in being dismissed.

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What is an Oklahoma Oil and Gas Lease and How to Make It Pay

Before I can discuss how to make money off an oil and gas lease, it is important to discuss the rights related to  an oil and gas lease.  An oil and gas lease is a hybrid between a deed and a contract and has elements of both.  It is not like an apartment or shopping center lease.  Over the years, the oil and gas lease has evolved into its present state.   In order to help explain just exactly what an oil and gas lease is, I will borrow liberally from a scholarly article written by Ryan Ray.  He writes, “Oil and gas leases present unique legal issues, and the law governing their execution, duration and interpretation is distinct from ordinary principles of property law or contract law.”

The Law of capture:  May be summed up: Under Oklahoma law, the owner of a tract of land does not hold an ownership interest in the oil or gas under his land until those substances are extracted to the surface and reduced to possession. The Oklahoma doctrine of oil and gas ownership is commonly referred to as the “exclusive-right-to-take” theory. Early on, the Oklahoma courts recognized that oil and gas are “fugacious [substances] and are not susceptible to ownership distinct from the soil.”  That is correct, until the oil and gas are separated from the soil.  Thus, The Law of Capture, means, the first one to get it owns it.

With this realization, the courts concluded that the rule of capture applied to fugacious minerals – such as oil and gas – that were capable of subsurface migration within a reservoir. Under the law of capture, a landowner or mineral owner has the “exclusive right to drill for, produce, or otherwise gain possession of [petroleum-based] substances.” Included in these exclusive rights is “the right to reduce to possession oil and gas ‘coming from land belonging to others.'” The rule of capture allows a landowner or mineral owner to drill as many wells as they wish, drill those wells as close to the boundary line of neighboring tracts of land, and operate the wells in the most efficient manner possible. The neighboring landowner’s remedy is not an action for conversion or equitable relief to prohibit or reduce their neighbor’s operations. Rather, their remedy is to drill their own well. In modern times, the rule of capture has been made subject to the Conservation Act, which sets limits on well spacing and drilling in order to prevent waste and protect correlative rights.

The mineral owner holds many rights as a result of their exclusive right to take the oil and gas underlying a certain tract. Included in these rights are 1) the right to develop the minerals 2) the executive right (i.e., the power to execute a lease conveying the development right); 3) the right to receive bonus (i.e., a cash payment made for execution of a lease); 4) the right to receive delay-rental payments; 5) the right to receive royalty; and 6) the right to receive shut-in royalty.9 The owner of the mineral estate may, in theory, sever any or all of these interests to different persons.

It is essential to observe at the outset that, although it is called a “lease,” the common-law doctrines governing real-property landlords and tenants do not apply to an oil and gas lease. The oil and gas lease is sui generis; it is part conveyance, part executory contract.14 The oil and gas lease is a conveyance, as it is through the lease that the mineral owner conveys a property right to the lessee – usually an oil company – “to explore for and produce oil and gas, reserving a royalty interest in production.” The lease is a contract in that the lessee accepts these property rights subject to certain express and implied promises to the lessor.

While the oil and gas lease does not convey absolute title to the oil and gas that may lie beneath the surface, it does convey an interest in the land. An oil and gas lease must therefore be in writing and signed, as it falls within the statute of frauds.20 The lease must also identify the lessor, the lessee, the interest conveyed, and an adequate description of the leased premises.21 Also like a deed, an oil and gas lease must be delivered in order to be effective.

The Oklahoma courts have determined that the property right conveyed in an oil and gas lease is a “profit à prendre capable of legal existence as a servitude ‘unattached’ to land (in gross), and may be transferred in gross, either in whole or in part, as an estate in real property.”17 The profit à prendre, also known simply as the “profit,” is a common-law property interest that is a “liberty in one person to enter another’s soil and take from it the fruits not yet carried away.” The analogy that Oklahoma courts have often used to describe the profit is that it is similar to a right to enter onto another’s land and either hunt or fish.

These rights and duties that I have been discussing are put into real prospective when they are translated into:  money.  How can one monetize the inherent rights related to the ownership of mineral interests?  How can one turn an oil and gas lease into spending money?

Making Money Off the Oil and Gas Lease

Helpful hints for negotiating a winning position on and Oil and Gas Lease:  Number one above all the rest: hire an attorney who will obtain for you the highest and best offer.

First,  do not accept the first offer presented to you by an Oil & Gas exploration company to lease your minerals. Most companies use independent agents, (landmen) brokers, to buy oil and gas. The agents usually  have the authority to negotiate within a very small window and are not allowed to evaluate the worth of your particular acreage. Most brokers, based upon their history of performance  have to get approval for any counter-offers from their client. the First offer is on the low end of their range and they get credit for buying low.bargaining power will depend on the following;

Second, bargaining power begins with attitude and the belief and knowledge that good legal advice gives.  Feel confident, after consulting an expert that A: The amount of mineral acres you own is a lot and that the buyer needs to close the deal.  B: The amount of nearby production is very close to the new location site and that the well will produce a great amount of oil and gas.  C: If there are companies competing for leases, you have it made in the shade.  D:  You should first negotiate the following; the bonus amount for the lease, the share of royalties and the primary term of the lease. The bonus and royalties differ dramatically from county to county and from section to section, the bonus is based primarily on the production history, potential of the area being leased and the competition. An average lease term should be about 3 years (it is not advisable to agree to an extension option). Royalties vary widely depending on various factors, but for the most part the following might be considered as the corporation commission of Oklahoma sets out in forced pooling orders.

If you need further help with an Oil and Gas Lease, give me a call.  405 232-7980, Robert R. Robles, Attorney

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Oklahoma City Municipal Court of Record

Oklahoma City employs police to keep the peace and in the process to raise revenue for the  City.  It astounds me that the benefits available to the citizens of Oklahoma City can raise so much money for the coffers of the little municipality on the prairie  known as Oklahoma City.

One of the largest cash cows for the city is the Municipal Court of Record located downtown Oklahoma City, across the street from the Oklahoma County Jail.  The city takes in an enormous amount of money on a daily basis from DUI’s, Possession of Marijuana and shoplifting charges.  The smart man avoids appearing in the court, otherwise it costs a lot to get out of trouble.

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Oklahoma City Dui Defense

How on earth does somebody manage to get out of a DUI in Oklahoma City.  The simple answer is to hire an attorney that knows  the system inside out.  Well, that appears to be so simple, anybody should be able to find an attorney worth his salt.  But wait, if the client knows a little about the system then he willbe informed and be able to ask some of the right questions to the lawyer.  Here are a few of the simple things to ask your attorney about.

How much do you have to drink (blood alcohol content, BAC) for a DUI in Oklahoma?

Under 21 .00%  Oklahoma is a zero tolerance state
21 or older .08%
Commercial .04%

What if you refuse to take a chemical test in Oklahoma?

Oklahoma has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.  The law on the subject of refusing to take the test is the law of implied consent.

Implied Consent

Oklahoma law requires you to take a blood, breath, saliva, or urine test if you are arrested for a DUI. Oklahoma’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence, then you consent to taking a chemical test of your blood or breath for the purpose of determining your blood alcohol content (BAC), or a test of your saliva or urine to check for drugs.  The test must be taken within two hours of driving and you cannot refuse the test without penalty.

Even if you are not driving, you could be arrested and asked to take a chemical test for a related charge, actual physical control (APC). Generally, actual, physical control means that the driver is in the vehicle and could move it, even though he might not be trying to move it when the officer finds him. In Oklahoma, an APC usually involves a driver who realizes he is too drunk to drive and pulls over to sleep it off. An officer finds the driver in the parked car, wakes him up, smells alcohol on his breath, and arrests him. Although the driver was asleep, the law assumes that he could have awoken at any time and driven while still drunk. The state treats this potential threat to public safety the same as DUIs under the implied consent law. It punishes an APC the same as a DUI.

Refusing to Take the Test

After you are arrested, the officer should tell you that you will lose your license if you refuse to take a test. Once you do refuse, the officer cannot make you take one unless you were involved in an accident where someone was seriously injured or killed. Also, if you were killed or become unconscious due to an accident, then the officer does not need to ask you before ordering a test. .

For your first refusal, your license will be suspended for six months unless you also have a previous DUI or APC conviction. If you do, then it will count as if this were your second refusal, which is punished by a one-year suspension. For your third refusal (or for any combination of refusals and prior convictions that amounts to three or more), the penalty is a three-year suspension.

Should You Refuse to Take a Mandatory DUI Test in Oklahoma?

It usually does not help you to refuse to take a blood, breath, saliva, or urine test when you are arrested. For a first DUI in Oklahoma, you will go to jail for at least ten days, be fined up to $1,000, and will have to participate in an assessment program for substance abuse. This is more severe than having your license suspended. Still, refusing the test does not guarantee that you won’t be convicted – you could be found guilty of a DUI even if your refusal means that the state does not have proof that your BAC was over.08%, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DUI.

Get Help With Your DUI

If you have been arrested on a DUI charge in Oklahoma or any other state, get help from an experienced DUI attorney. Unlike other traffic related charges, which might be worth fighting without a lawyer, conviction for a DUI has serious consequences – especially if the incident involved injury to people or property, or if it’s your second or subsequent DUI. To avoid or reduce the consequences, your best bet is to find an attorney who is knowledgeable about your state’s laws and about how the system works in your county’s court.

The consequences go beyond jail time and fines.  A DUI, on your record will automatically qualify you for a felony DUI, as a second offense.  A deferred sentence may also act to allow the prosecutor to file felony DUI charges against you.  Not to forget, that if you plead guilty to a misdemeanor DUI, your liability insurance rates will double or triple for five years.

The best advice is:  Don’t get a DUI, but if you do, you better look for expert advice on how to get out of it.  If you would like to see what happens when the police follow and arrest someone for DUI, please click on this URL:

It is a long video, and the arrest scene is quite unpleasant.  If you get in trouble in Oklahoma, drinking and driving, the long term consequences will be unpleasant unless you have a qualified and experienced DUI ATTORNEY to help you out.  Please call Robert R. Robles, 405 232-7980.  I can help.

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Criminal Defense of Undocumented Aliens

I do not practice immigration, it is too heart breaking.  It has been a hard thirty years watching my clients  make the right decision about which way to jump, as the prosecutor attempts to corner his exhausted prey.  The clients, many times out of fear, decide to take a deal, when there is and was, only one way to go.

Many of my Hispanic clients have no choice but to plead to a case where the punishment means they will have a conviction on their record, however, they will avoid the humiliation and indignity of a jail sentence.  It is even worse when the prosecution offers a deferred probation, that is the client is not convicted.  But, the illusion of a future in the United States as the proud owner of a Green Card is eliminated.

Millions of people with green cards arrived as children. If enough time passes, they live in the U.S. for so long that they don’t have close family contacts in their native country or even speak the language. What happens to these folks if they get arrested for a crime? They are almost always offered a plea deal. It’s common sense. Avoid a trial which will cost significant legal fees and may result in a very serious sentence. The problem is, it’s very rare to find an immigration law expert in the room when it’s time to plea bargain. You can put together the best criminal defense attorney, the most experienced prosecutor, and the judge with decades on the bench. None of them are immigration lawyers. So, the plea is arranged. A suspended sentence instead of jail time. Probation, a fine, some community service. Everybody is satisfied. The lawyer has done his client a good service. The district attorney has a guilty defendant. The judge feels that justice has been served.

The immigrant signs a document that says he “may” be deported as a result as his plea.

The green card holder walks out the courtroom with a feeling of relief. He can go back to work, support his US citizen wife and kids, and make sure to never break any more laws. But, along comes Immigration. They take him to jail. He is told that he has no right to bail. It’s not Immigration’s fault. They’re just following the laws that Congress wrote. Now what? His wife is home, alone with their children, She cannot take care of them and earn a living all by herself. She calls an immigration lawyer, seeking advice on how her husband can be released and be allowed to stay in the US. Then she discovers that he has no defense against deportation (They call it “removal,” but it’s the same thing).

The plea looked great on paper.

But the immigration laws are very tough. For the first time, the wife hears the expression: “aggravated felony.” This term includes a list of crimes that starts at letter “A” and goes all the way to “U.” Immigrants who plead to aggravated felonies are given an escort and a one way ticket back to their homeland. That would generally mean removal to a country where they have no family, no job waiting, nowhere to sleep. And a citizen spouse and kids back in the US. Two of the most common types of offenses that seem minor but are aggravated felonies are: possession of a small quantity of drugs with intent to sell, regardless of sentence AND a street fight or other single act involving violence, in which the plea was to a year in prison, even if the immigrant actually serves a few months and then is given time off for good behavior.

Now what?

Up until recently it had been very difficult to reopen a criminal case to make a better deal for the purposes of stopping deportation. Now the courts have spoken. The U.S. Supreme Court, in Padilla v. Kentucky, decided several years ago, has said that immigrants must be clearly warned about the potential deportation consequences of criminal convictions. And  in New Jersey, there have been three important cases which echo this decision. The bottom line is that criminal defendants born elsewhere should not just know their Miranda rights. They should know their Padilla rights. Talking to an immigration lawyer who is well versed in criminal alien cases, before going to make a deal, is about the best advice that I can give anyone.

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