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.

NW OKC Rotary

Member

2020 - Current

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

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. My dad died dec -8-2019 n i got a latter say my aunt is being special administration and wants me to sign a waiver my

24 January 2021

A: It appears that a probate case has been (or is about to be) filed to allow your father's estate to be handled through probate, and your aunt is requesting that the Court appoint her as Special Administrator (giving her certain powers under the law to act on behalf of the estate). It sounds like this request came as a surprise to you, so I recommend you speak to an attorney to discuss your options. You don't have to sign the waiver. Speak to an attorney if you have any reservation about signing it.

Q. Bail set at 2500 for second degree burglary is there a fine to pay or is it automatic jail time

13 January 2021

A: While both a fine and jail/prison time are punishments for the crime, there are other options that may also be available: such as the court deferring your sentencing for a period of years (does not result in a conviction, the case gets dismissed, and the court records expunged if you successfully complete the probation period), a suspended sentence (probation that is a conviction), a reduced charge (if the circumstances merit), and other programs that may be options for you to consider. The key for you is to hire a criminal defense attorney who will review your case, who will determine the strengths and weaknesses of the State's case against you and your defenses, who knows what all sentencing options and programs are available to you, who knows how to successfully negotiate with the prosecutor, and who can defend you in the event no agreement can be reached with the prosecutor.

Q. Is 85percent crime 21 O.S. 843.5(c) At the time of sentencing or on my plea of guilty summary of facts it said no

12 January 2021

A: Yes. Section 843.5(c) is a crime against a child under Section 843.5, so it is an 85% crime. I can also tell you that I am very familiar with the Department of Corrections receiving sentencing paperwork indicating a crime is not 85% when in fact it is, and the court ordering a sentence to not be 85% has no bearing on how DOC will require the sentence to be served (arguably, the sentencing court exceeds its authority by ordering a sentence not to be 85%). So, I have no doubt that if you were ordered to serve any portion of your sentence with the Department of Corrections, your sentence will be treated as an 85% crime regardless of what it is in the sentencing order. If you were not advised that the crime you plead guilty to was an 85% and the plea paperwork indicates it is not an 85% crime, you may be eligible for post-conviction relief. Because you were able to post this question online, it appears that you must have received probation. I strongly encourage you to discuss this matter with an attorney who is in a position to provide you legal advice (meaning you should contact an attorney directly and not rely on the answers to the question you posted here). There may be strategic reasons why you would not want to seek post conviction relief at this time, even if you are eligible.