Violating the Constitution - Issue # 1
Jailed For Being Poor (Again)
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Violating the Constitution - Issue # 2 - Right To Public Trial
Violating the Constitution - Issue # 3 - Right To Speedy Trial
Special Judges Cannot Hear Felony Cases
Defendant Taken Before Magistrate Without Delay
Time for Arraignment Upon Charge of Felony
Right now as you are reading this , there are a large number of people being held in the Rogers County Jail just because they cannot afford an Attorney.
If you make bond it only kicks in filling out the applications above and just because you, your family or friends helped get you out of jail they are NOT required to help you get an Attorney. This is decided by weighing all the factors in the above link and be sure to print out the case below because it clearly shows that just because you make bond they cannot deny you a Court Appointed Attorney or send you back to jail. (Reference)
Another case to show they must give you an Attorney (Reference)
This is inexcusable and it is a greater Constitutional violation than what Rogers County did in 1987.
Rogers County was caught violating the Constitution in 1987. See Cleek v State 1987 OK CR 278 748 P. 2d 39 Decided: 12/22/1987 by The Oklahoma Court Of Criminal Appeals
See Cleek v State 987 OK CR 278 748 P. 2d
Cleek is also quoted in the Statute and has been the binding decision since 1987 for all Oklahoma Courts with some very strict guidelines and Cleek was REVERSED AND REMANDED back to Rogers County.
The case of Cleek v State came from a little lady in Claremore Oklahoma that could not afford to hire an Attorney and was forced by the Rogers County Court to represent herself.
Some of the strict guidelines sent back by The Court Of Criminal Appeals are:
5 From the above it is apparent that some confusion exists when making a determination that a person is indigent. This Court has previously said that there are "several factors" to be considered in determining who is financially unable or without adequate funds or resources to employ counsel, McCraw v. State, 476 P.2d 370, 372 (Okl.Cr. 1970), but the Court did not elaborate on these factors. The McCraw Court merely said that "it is not necessary that one be destitute or on public relief to qualify for appointment of counsel." Id.
We find other factors to be considered include the availability and convertibility of any personal or real property owned; outstanding debts and liabilities; the accused's past and present history; earning capacity and living expenses; the accused's credit standing in the community; family and dependents; and any other circumstances that may impair or enhance the ability to advance or secure such attorney's fees as would ordinarily be required to retain competent counsel. See Morgan v. Rhay, 78 Wash.2d 116, 470 P.2d 180, 182-83 (1970). Insofar as the record indicates that appellant's financial condition was virtually the same at the time of the preliminary hearing as at the pre-trial hearing when appellant was deemed indigent and counsel appointed, we hold that under the foregoing factors the magistrate abused his discretion in denying appellant counsel at the preliminary hearing.
6 Clearly, a defendant has a sixth amendment right to the assistance of counsel at [748 P.2d 41] the preliminary hearing. See Coleman v. Alabama, 399 U.S. 1, 7, 90 S.Ct. 1999, 2002, 26 L.Ed.2d 387 (1970). The reason is obvious.
Id. at 9, 90 S.Ct. at 2003.
10 We find the later Holloway case makes it abundantly clear that there can be no harmless error when counsel is denied at a critical stage of a criminal proceeding. Since the preliminary hearing is required by Art. II, § 17 of the Oklahoma Constitution, in the absence of a valid waiver, we hold that it is a "critical stage" in our criminal process "at which the accused is `as much entitled to such aid [of counsel] . . . as at the trial itself.'" Coleman, supra, 399 U.S. at 10, 90 S.Ct. at 2003 (citing Powell v. Alabama, 287 U.S. 45, 57, 53 S.Ct. 55, 60, 77 L.Ed.2d 158 (1932)). We find no waiver of that right here. Defendant moved to dismiss the information, giving among other reasons that she was denied her constitutional right to the assistance of counsel at the preliminary hearing.
14 Therefore, we hold that, under Art. II, § 17 of the Oklahoma Constitution, denial of court-appointed counsel to an indigent at a preliminary hearing, absent a valid waiver, violates a fundamental constitutional right not subject to the so-called "harmless error" doctrine. Therefore, McCraw is overruled to the extent that it conflicts with this opinion.
15 We are therefore forced to REVERSE and REMAND for proceedings not inconsistent with this opinion.
More Fuel For The Fire
If the above is not serious enough alone then check this out.
There is a another sneaky and illegal little strategy that some of the Judges are doing to stop a person from even getting the Paupers Affidavit to fill out.
You can see this happening every week as the Judge will ask the question, "Are you going to be able to make bond?" If you answer yes to this then you do not even get the Paupers Affidavit to fill out which is another BIG Constitutional violation.
It also violates Rules for the District Courts, Rule 29.
This Rule requires the Judge to explain to you that you have a Right to a Court Appointed Attorney if you cannot afford one and how and what to do to get one including giving you an application or telling you where to get them and when you are to return them to the Judge ( Only ).
IF you or your friends or family bond you out, it just causes the Judge to tell you to fill out a Paupers Affidavit and then an Application For Court Appointed Attorney. Then the Judge and Judge ( ONLY ) must go over your application and even have a Hearing if necessary to see if you can afford an Attorney or not.
Be sure and call 3 Attorneys and write down there name and when you called them and ask them if they will take your case with whatever money you have at that time. If you have none then ask them if they will take your case for free and if they say no then just be sure and bring that paper what Attorney's you called and when. This is a requirement !
This is just another wrongdoing of a Rogers County Judge and 99% of the people automatically think that it must be correct because a Judge said so but it is not.
If you are unlucky enough to get arrested for any reason and the Judge tries to deny you a Pauper Affidavit, then politely and respectfully ask for one anyway, and say " Judge, I would still respectfully request a Pauper Affidavit and according to Cleek versus State I am allowed an application". This should get that taken care of and one more thing is to be sure that you pay for a Court Reporter if you can afford it.
It is $30.00 and you should go about 30 minutes before court starts and you pay this at the Court Clerks office. Everyone automatically thinks that this is always done and that is NOT the case and you will need this to make a record if you are denied this application.
Click Here to View Affidavit
You will need 
get it here.
IMPORTANT NOTICE
"THE COURT SHALL ORDER YOU TO PAY THE COST OF YOUR LEGAL REPRESENTATION IN TOTAL OR INSTALLMENTS. THE COURT SHALL SET THE AMOUNT AND DUE DATE OF EACH INSTALLMENT PAYMENT. THE COST SHALL BE PAID TO THE COURT CLERK IN YOUR COUNTY. THE COST SHALL BE A DEBT AGAINST YOU UNTIL PAID AND SHALL SUBJECT YOU TO COLLECTION PROCEDURES AS PROVIDED BY LAW. THE COST SHALL BE DEDUCTED FROM ANY STATE INCOME TAX REFUND FOR YOU UNTIL THE COST ARE PAID".
This is totally false and if you have been found Indigent and are given a Court Appointed Attorney then there are many procedures that the Court must go though before they can do this. It is not automatic but if you hit the 5 million dollar lottery right after Rogers County gave you a Court Appointed Attorney, then you might be brought back in for a Hearing on your financial status and be required to pay.
I urge you to tell everyone you know about this web site and submit your information to help us get enough signatures to bring a Grand Jury to fix the wrongdoings that are going on here in Rogers County.