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BRIAN HERMANSON,
Ponca City, got some justice in Stillwater on Friday, April 29, 2005. Client arrested when cop ran his tag and it came back reported stolen (the tag). At preliminary hearing the State put on the actual owner of the tag. Here is where it gets interesting. Brian had some evidence that client was actually a victim of stolen tag also and was driving a truck owned by his brother's company and did not have to pay for his tag at all (no motive to steal one). The brother's testimony was key, but how to get it in at PH when magistrate shall terminate it upon finding of PC? Just do it, brother. Brian made an offer of proof first, convincing the judge that his evidence was critical to the PC determination and the judge allowed the brother to testify and ended up sustaining the demurrer with no announcement by the State of appeal. Lesson: don't assume you can't present evidence at the PH and if you have such evidence make the judge understand that it is important to the question of PC.
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