David A. Cincotta

CUSTOMER SERVICE - David understands the difficultly in making the necessary decisions required in developing an estate plan. Each estate plan varies from individual-to-individual or couple-to-couple. He will help ease any stress you may have by discussing all of the estate planning options that are available to you and the pros and cons of each. David will make it very simple and affordable, and he will tailor your estate plan to your specific requests, needs, and circumstances. You will be surprised at how easy the process is and how little you must do. After you make a few decisions with legal advice from David, he does the rest. Once you have your estate plan prepared by David, you will enjoy peace of mind that your family will be cared for and your intentions will be respected.

CRITICAL ASPECTS OF AN ESTATE PLAN -

* Whom you want to care for your minor children;
* How you want your assets divided at death;
* Whom you want to oversee the administration of your estate; and
* How you want health care decisions to be made on your behalf if you are incapable of making said decisions yourself and whom you want to make those decisions.

Estate planning has many advantages, including minimizing tax burdens, controlling the disposition of valuable assets and family businesses, and discouraging family disputes and litigation.

FREE IN-DEPTH CONSULTATIONS - David will gladly answer every question that you have during a free consultation - in person or over the phone. He will explain all of your options, give you his honest opinion, and quote you a fee. He believes that an informed client is the best client.

ABOUT DAVID - Before starting the Cincotta Law Office PLLC, David worked as an Assistant District Attorney and then as the General Counsel for the Oklahoma Department of Corrections. In private practice, David primarily focuses his practice in the areas of estate planning, probate, criminal defense, and expungements. Learn more about David at his website.

Estate Planning

Guardianship & Conservatorship, Health Care Directives, Trusts, Wills

Probate

Probate Administration, Probate Litigation, Will Contests

Criminal Law

Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes

DUI & DWI

White Collar Crime

Domestic Violence

Domestic Violence Criminal Defense, Domestic Violence Restraining Orders

Appeals & Appellate

Civil Appeals, Federal Appeals

• Expungements
• Asset Forfeiture

• Free Consultation
  Free consultations and case reviews are available for all cases.
• Credit Cards Accepted
  All forms of payment including all major credit cards, cash, checks, and money orders are accepted.
• Contingent Fees
  In certain cases, a contingency fee agreement may be available.
• Rates, Retainers and Additional Information
  Different fee agreements are available, depending on the type of case. These include flat fees, hourly, and contingency fee.

Oklahoma

Oklahoma Bar Association

ID Number: 21629

Since 2007

10th Circuit

Since 2015

U.S. District Court for the Eastern District of Oklahoma

Since 2016

U.S. District Court for the Northern District of Oklahoma

Since 2016

U.S. District Court for the Western District of Oklahoma

Since 2008

Attorney & Counselor at Law/Owner

Cincotta Law Office, PLLC

2019 - Current

I operate and manage a law office providing a variety of legal services in-and-around the Oklahoma City area. My law practice is diverse but the focus of my practice is on estate planning, criminal law, and expungements.

Board Member

Dispute Resolution Advisory Board

2015 - 2019

Advise the Director of the Administrative Office of the Courts with respect to policy development and administration of the Oklahoma Dispute Resolution Act; Assist the Director in providing technical assistance to jurisdictions requesting the study and/or development of dispute mediation programs; Consult with appropriate and necessary state agencies and offices to promote a cooperative and comprehensive implementation of the Act; Assist the Director with the review, supervision, and evaluation of dispute mediation programs; and Make recommendations to the Director pertaining to legislation affecting dispute mediation and other forms of dispute resolution

General Counsel

Oklahoma Department of Corrections

2014 - 2019

I was responsible for all legal matters of the Oklahoma Department of Corrections, which is a large state agency that employs over 4,000 individuals, supervises (on probation/parole) in excess of 30,000 offenders, and incarcerates more 26,000 inmates.

Assistant District Attorney

Office of the OKlahoma County District Attorney

2007 - 2014

I was assigned to the Civil Division of the DA's office and responsible for a variety of civil and quasi-criminal cases.

Licensed Legal Intern

Office of the Oklahoma County District Attorney

2007 - 2007

I assisted attorneys in the Civil Division of the DA's office with research, brief writing, and assisted the assigned attorney by appearing for the State at civil commitment hearings.

Deputy Court Clerk

Oklahoma County Court Clerk

2003 - 2006

While attending law school in the evening, I worked as a Deputy Court Clerk and was assigned to the Honorable Ray C. Elliott, District Judge. I managed the Court's docket and reviewed pleadings, orders, and forms submitted to the Judge. I was also responsible for performing many other tasks requested by Judge Elliott.

Oklahoma City University School of Law

J.D. (2007) | Law

2003 - 2007

Honors: Graduated cum laude Merit Scholar President and Dean's Honor Roll CALI Awards: Evidence, Applied Evidence, and Pre-Trial Litigation Phi Kappa Phi Honor Society

Activities: I worked full time during the day and attended law school in the evenings. My full-time work consisted of being a Deputy Court Clerk in Oklahoma County (assigned to District Judge Ray C. Elliott) until my last semester of law school. During my last semester, I was an intern at the Office of the Oklahoma County District Attorney.

Oklahoma State University - Stillwater

B.S. (2002) | Major: Business Management; Minor: International Business

2000 - 2002

Activities: I was a member of the Phi Delta Theta fraternity. I graduated in two-and-a-half years from graduating high school.

Merit Scholarship Award

Oklahoma City University School of Law

2006

CALI Award - Applied Evidence

Oklahoma City University School of Law

2006

Award for the highest grade in the class.

CALI Award - Pretrial Litigation

Oklahoma City University School of Law

2006

Award for the highest grade in the class.

Merit Scholarship Award

Oklahoma City University School of Law

2005

CALI Award - Evidence

Oklahoma City University School of Law

2005

Award for the highest grade in the class.

Oklahoma County Bar Association

Member

2020 - Current

Oklahoma Bar Association  # 21629

Member

2007 - Current

District Attorneys Council Legislative Committee

Member/Participant

2010 - 2013

Activities: Drafted and reviewed legislation being supported by the District Attorneys Council. Reviewed and provided feedback on proposed legislation that would impact prosecutors across Oklahoma.

Establishment of the Criminal Court of Appeals of Oklahoma and the First Bench

Addressing 4th Amendment Audits, Oklahoma City, OK

Department of Corrections

Delayed Sentencing and DOC Program Requirements, Annual Judicial Conference, Oklahoma City, OK

Oklahoma Administrative Office of the Courts

Delayed Sentencing Program and Judgement & Sentence Wording, DAC Summer Conference, Fort Gibson, Oklahoma

District Attorneys Council

Judgment & Sentence Wording & Sentence Calculations, Annual Judicial Conference, Oklahoma City, OK

Oklahoma Administrative Office of the Courts

DOC Programs & Writs, Oklahoma City, OK

Oklahoma County Juvenile Attorneys and Judges

Member

Oklahoma Criminal Defense Lawyers Association

2020

Q. What happens if a customer purchases a product and gives you a check and then puts a stop payment on the check.

16 November 2020

A: No, you cannot file federal charges against him. The US Attorney decides what criminal charges to pursue in federal court and the District Attorney or Oklahoma Attorney General decides what criminal charges to pursue in state court. You can report the matter to the police. The police may investigate it, inform you that it is not something they can help you with, or they may turn it over to a Investigator with the DA's office or another agency. There are several different criminal statutes that might (and I emphasize "might") be applicable to the customer stopping payment on the check - not on the customer having insufficient funds on a credit card. That said, more would have to be known about the matter. Beyond that, however, is does appear to be something you could take him to court (small claims court if the value of the item is less than $10,000). It may or may not be worth pursuing that depending on the value of the product he purchased, the fact that he lives out of state, and considering he appears to still be in contact with you about trying to pay.

Q. My child was sexually abused, and the perp has been sentenced. Now I want copies of the evidence, court records, but how

7 November 2020

A: As the parent of the victim, I would suggest you start by talking to the District Attorney, the supervisor of the ADA, or even the victim witness coordinator at the DA's office. Some of the types of documents you identify are difficult for the public to gain access to - especially if the case did not go to trial or the items were not introduced into evidence at a trial - because of the State's interest in protecting the privacy of the victim . As a parent of the victim, however, you are more likely than anyone to be able to get your hands on them. Do keep in mind that a prosecutor assigned to a case is often focused solely on prosecuting the case and not on the the policy of the office or police in releasing records at the close of the case. I do believe you are entitled to most of the records, but there may be some of which they will not release. If they will not communicate with you and you need assistance, an attorney can assist you. Let me know if you need any assistance.

Q. Can the feds take custody and move an individual from county jail if they have not been sentenced?

6 November 2020

A: Yes. If the federal government intends to prosecute him, they can move him to where the US Marshal Service houses federal detainees. Then, the State generally needs to wait until the feds are finished before getting him back to finish his state case, but that is not always the case.