David A. Cincotta

EXPUNGEMENT LAWYER EXPERIENCED IN CLEARING PAST RECORDS -
Whether you have a pending charges are wanting to make sure you can get them expunged in the near future or if you have prior records that you need expunged now, David handles expungement cases all over Oklahoma, and he has over a decade of experience with Oklahoma expungement laws. Put his experience in your corner! David has handled more than 1000 expungement cases. David knows how to succeed in getting your records expunged.

CRIMINAL DEFENSE ATTORNEY FIGHTING FOR YOU - David A. Cincotta helps people accused of Crimes in Central Oklahoma. David can help with charges of DWI, Domestic Violence, Drug Charges and others. David’s prior experience gives him the unique ability to defend your rights, negotiate with prosecutors, and influence decision makers to get a resolution you deserve. Good people have bad days. Hire David A. Cincotta to protect your rights and to fight for you.

PARDONS, COMMUTATIONS, ASSET FORFEITURE, ETC. – In addition to criminal defense and expungements, David handles a variety of other legal matters. Do not hesitate to contact David to find out if your legal matter is one in which you could greatly benefit from David’s knowledge, experience and expertise.

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 expungements, criminal defense, estate planning, and probate. Learn more about David at his website.

Criminal Law

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

DUI & DWI

Domestic Violence

Domestic Violence Criminal Defense, Domestic Violence Restraining Orders

White Collar Crime

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Probate

Probate Administration, Probate Litigation, Will Contests

• Asset Forfeiture
• Pardon
• Parole
• Commutation

• 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.
• Rates, Retainers and Additional Information
  Different fee agreements are available, depending on the type of case. These include flat fees and hourly fees.

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 Criminal Defense Lawyer's Association

Member

2021 - Current

NW OKC Rotary

Member

2020 - Current

Activities: Help in the community in various ways with "Service above Self."

Oklahoma Criminal Defense Lawyers Association

Member

2020 - Current

Oklahoma Criminal Defense Lawyer's Association

Member

2020 - Current

Oklahoma County Bar Association

Member

2020 - Current

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

Q. Can county issue a warrant for failure to appear if they've been notified that the person is in jail in another county

January 23, 2023

A: Typically, the courts will issue a warrant if a defendant does not appear as previously ordered - even if the defendant is in custody somewhere else. The court typically won't order the bond forfeited if it is clear the person is in custody elsewhere, but that helps the bondsman and not the defendant. The 10 days you reference has to do with inmates who are in custody in another state and waive extradition. There is not technically a ten-day rule for counties within the same state. Further, the county where he is incarcerated will not be required to release him to a warrant from another county until he resolves the case or matter in the county where he is incarcerated - unless he posts a bond in that county.

Q. What are the steps that need to be taken when someone has used my name for 5 court cases? 2 of them have warrants

January 3, 2023

A: You should contact an attorney. However, I also am providing a link to a OSBI's website, which contains some helpful information. If the person who has used your name has been fingerprinted, OSBI can verify that your fingerprints are not the same as the individual who used your name. Upon verification, they will provide you something in writing and enter something in their system regarding this, which should help in the future should you get pulled over and the officer believes you are the same person. Click (or copy and paste) the following link (also, call OSBI before appearing to have your fingerprints taken, since the procedures for doing such may have been updated since this was posted): https://osbi.ok.gov/content/someone-has-used-my-name-date-birth-etc-how-do-i-get-my-information-hisher-record

Q. My friend received a simple driving under suspension ticket, and paraphernalia charge. How much time will they get?

December 29, 2022

A: Every case is different, but it is possible your friend won't have to serve any time. Each crime you describe is a misdemeanor and each has the potential of a sentence no longer than a year in the county jail. Your friend should contact a criminal defense attorney.