David A. Cincotta

I have over 15 years in the criminal justice system in Oklahoma. However, I have experience in matters well beyond criminal law. I have experience in matters involving civil litigation, civil rights, employment law, privacy rights, and a variety of other legal issues.

As an Assistant District Attorney, I handled a substantial number of cases and was frequently in the courtroom. As General Counsel for the Oklahoma Department of Corrections, the Board of Corrections, Director, and executive staff relied upon me for my legal advice, judgment, and leadership.

I operate and manage the Cincotta Law Office PLLC and am Of Counsel with Butler & Flynn. I provide a variety of legal services. I am dedicated, accomplished, and compassionate. No matter what your legal needs may be, I welcome the opportunity to assist you.

Please visit my website or contact me by phone or email to schedule a free consultation.

• Appeals & Appellate
• Business Law
• Cannabis & Marijuana Law
• Civil Rights
• Collections
• Consumer Law
• Criminal Law
• Construction Law
• DUI & DWI
• Estate Planning
• Gov & Administrative Law
• Landlord Tenant
• Municipal Law
• Probate
• Real Estate Law
• Traffic Tickets
• Animal & Dog Law

• Free Consultation

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

Operate and manage a general-practice law office providing a variety of legal services in Oklahoma.

Board Member

Dispute Resoluation Advisory Board

2015 - Current

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.

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.

Oklahoma Bar Association # 21629

Member

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.

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

Expungements, Annual Conference, Oklahoma City, OK

Oklahoma Association of Municipal Attorneys

Asset Forfeiture, DAC Fall Conference, Tulsa, Oklahoma

District Attorney's Council

Expungements, Oklahoma City, OK

Oklahoma County Criminal Defense Lawyers Association

Q. In 2003 I believe an article was published in the Oklahoma Bar Journal that dealt with brief writing

13 December 2019

A: I could be wrong, but I believe the one you are looking for was published in 2006. Don Gifford wrote an article titled: Very Appealing Ethics. Oklahoma Bar Journal, Volume 77, Issue 34, December 9, 2006. Specific article is found on page 3471. I hope that helps! -David Cincotta

Q. Do I have to register as a violent offender if I was convicted in 1997 in the state of Oklahoma

13 December 2019

A: It depends. Registration (violent registration and sex offender registration) issues are reliant upon case-specific facts and often prior versions of statute still apply to specific individuals. Therefore, there is no way to provide a simple yes or no answer to your question. There are additional facts that would need to be known first.

Q. In Oklahoma with out a signed consent can cps/ dhs visit with my children without my permission if they are minors

13 December 2019

A: The short answer to your question is yes. DHS can visit with a child without parental consent when a parent (or person responsible for the child's health, safety, or welfare) is not present. That interview can occur at the child's school. If they do conduct an interview with a child at the child's school without parental consent, DHS is required to notify the parent that such an interview has occurred. The answer above would be different if you were present and refused to allow the interview to occur. It is important that you meet with an attorney, and you should do so as soon as possible. Most attorneys offer a free consultation. Take advantage of that, and be open with the attorney. You may want to focus your search for an attorney who practices family law.