Robert Donald Gifford II

Robert Donald Gifford II

Trial Lawyer, Gifford Law, P.L.L.C.
  • White Collar Crime, Family Law, Native American Law...
  • Oklahoma
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Rating: 10 Justia Lawyer Rating - 10 out of 10
Don Gifford is a dedicated and experienced lawyer. His experience has crossed many jurisdictions and multiple roles in the legal system. I highly recommend Don Gifford for criminal law and military law cases.
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Founder of GIFFORD LAW, P.L.L.C. in Oklahoma City, Mr. Gifford is a former federal prosecutor with the U.S. Department of Justice, tribal court judge, a former state prosecutor, and former Army JAG defense counsel, prosecutor, and Staff Judge Advocate with a nationwide practice specialty in complex litigation in White Collar/Criminal Defense (including Pardons and Commutations), Civil Rights, Family Law, Native American Law, Military Law, and Government Contracting. Mr. Gifford has also previously served as is the Chair of the Oklahoma Bar Association's Criminal Law Section, and formerly served on the state bar's Board of Governors and as the Chair of the Military & Veteran's Law Section.

Mr. Gifford is a tribal member of the Cherokee Nation, also serves as a tribal court judge for three Native American tribes, Special Judge for the City of Oklahoma City, and a Colonel in the Army Reserves with over 22 years of active and reserve service, a former Editor on the American Indian Law Review, and has served as an adjunct law professor at three law schools teaching Trial Practice, Military Law, Indian Gaming, & National Security Law.

Practice Areas
  • White Collar Crime
  • Family Law
  • Native American Law
  • Military Law
  • Criminal Law
  • Civil Rights
  • Gov & Administrative Law
  • Credit Cards Accepted
  • Contingent Fees
    On a case by case basis.
Jurisdictions Admitted to Practice
9th Circuit
10th Circuit
Air Force Court of Criminal Appeals
Army Court of Criminal Appeals
Court of Appeals for the Armed Forces
District of Nevada, U.S. District Court
Eastern District of Oklahoma, U.S. District Court
Kaw Nation Tribal Court
Northern District of Oklahoma, U.S. District Court
U.S. Court of Appeals for Veterans Claims
U.S. Supreme Court
Various Tribal Courts
Western District of Kentucky, U.S. District Court
Western District of Oklahoma, U.S. District Court
  • English: Spoken, Written
  • Spanish: Written
Professional Experience
Associate Supreme Court Justice
Comanche Nation Supreme Court
- Current
Appellate Justice for the highest court of review for the Comanche Nation
Attorney and Founder
Gifford Law, P.L.L.C.
- Current
Trial attorney with nationwide practice at both trial and on appeal in federal, state, military, and tribal courts representing individuals and corporations in complex litigation ranging from white collar criminal, civil lawsuits, family law, tribal law, and military law.
Judge, Civil Trial Docket
Miami Tribe of Oklahoma
- Current
Civil Judge overseeing complex trial matters for the Miami Tribe of Oklahoma.
Special Judge
Oklahoma City Municipal Court
- Current
Serve as a part-time municipal judge for the City of Oklahoma City
Associate Justice
Iowa Tribe of Oklahoma Supreme Court
- Current
Chief Judge
Kaw Nation Tribal Court
- Current
Colonel, U.S. Army Reserve JAG Corps
United States Army Reserve
- Current
Senior Trial Attorney
Gungoll, Jackson, Box & Devoll, P.C.
Trial attorney in federal, state, military, and tribal courts with an emphasis on white collar/criminal, family law, Native American, and Military.
Assistant U.S. Attorney, Tribal Liaison/Human Trafficking Coordinator/Anti-Terrorism Coordinator
United States Attorney's Office, Western District of Oklahoma
Assistant U.S. Attorney, Project Safe Neighborhoods Coordinator
Assistant United States Attorney's Office, District of Nevada
Assistant District Attorney (Felony/Violent Crime; SANE Nurse Trainer; Death Penalty Review; Child Abuse Review)
Tulsa County District Attorney's Office
Trial Counsel/Defense Counsel/Legal Assistance Attorney
United States Army Judge Advocate General's Corps
United States Army War College
M.S. (2015) | Strategic Studies
University of Oklahoma College of Law
J.D. (1996) | Law
Honors: Who's Who Among American Law Students
Activities: Article Editor, American Indian Law Review
Southwestern College
B.A. (1993)
Honors: Distinguished Graduate (Master Builder); Academic All-Conference
Activities: Varsity Football, Varsity Track,
Justice Cardozo Award
Oklahoma Bar Association's Criminal Law Section
Recognized for the contributions in the area of criminal law in Oklahoma.
Recognition for International Human Trafficking Case
Federal Bureau of Investigation
Professional Advocate of the Year
Oklahoma Bar Association's Criminal Law Section
Recognized by the criminal defense bar as the outstanding prosecutor in the state of Oklahoma.
Certificate of Appreciation for Efforts in Sex Offender Investigations
United States Marshal's Service
Recognition for Service to the FBI in the District of Nevada
Federal Bureau of Investigation
Certificate of Appreciation in Archeological Protection Prosecution Case
U.S. Department of Agriculture Forestry Service
Professional Associations
Oklahoma County Criminal Defense Lawyers Association
- Current
National Association of Criminal Defense Lawyers
Lifetime Member
- Current
Oklahoma County Bar Association
Member (former member of Board of Directors)
- Current
Oklahoma Bar Association's Military & Veteran's Law Section
Member (former Chair)
- Current
Oklahoma Indian Bar Association
- Current
Judge Advocate's Association
Lifetime Member
- Current
Federal Bar Association
- Current
Oklahoma Bar Association's Criminal Law Section
Chair-elect (2018)
- Current
Oklahoma Bar Association # 17034
- Current
Oklahoma Bar Association
Board of Governors
Articles & Publications
Native American Law: Will It Ever Be Taken Seriously?
Lawyers Monthly
In the military, trusted officers have become alleged assailants in sex crimes
Washington Post
Federal prosecutor Gifford shifting to private practice
The Journal Record
"Your Witness Counsel" - Cross Examination
Oklahoma Bar Journal
A Primer for Ye Ol'Woodshed: Witness Preparaton
Oklahoma Bar Journal
The Time is Twenty Years past 9:02 a.m.
Oklahoma Bar Journal
Human Trafficking: Beyond Pretty Woman and Huggy Bear
Oklahoma Bar Journal
The Fourth Amendment – the Airport and Borders
Oklahoma Bar Journal
Employment Protection for the Citizen-Soldier
Oklahoma Bar Journal
Groucho was Wrong about Military Justice
Oklahoma Bar Journal
The OBA’s ‘Draft’ – Will you Answer the Call?
Oklahoma Bar Journal
War Courts Make Sense
The Daily Oklahoman
Sex Offender Registration in Indian Country
United States Attorney Bulletin
Foregoing the Scorched Earth Policy: Ethical Cross-Exam
Oklahoma Bar Journal
Cross-Examination - ABA's 101 Practice Series – Breaking Down the Rules
American Bar Association (Young Lawyer's Division)
Planning for Trial - The 101 Practice Series – Breaking Down the Rules
American Bar Association (Young Lawyer's Division)
Preparing a Witness - ABA's 101 Practice Series – Breaking Down the Rules
American Bar Association (Young Lawyer's Division)
Protect Yourself from Credit Card Billing Errors
Military Money
Planes, Trains & Automobiles – the Fourth Amendment & your Vehicle
Oklahoma Bar Journal
Very Appealing Ethics
Oklahoma Bar Journal
Co-Signing a Loan is a Risky Business
Military Money
Guideline "Departures" at Sentencing after Booker
United States Attorney Bulletin
Become an Authority: Get Published
American Bar Association (General Practice/Solo Magazine)
Bankruptcy Just Got A Lot Tougher
Military Money
Ethics & the Criminal Prosecutor – Guilt shall no escape, nor innocents shall suffer
Oklahoma Bar Journal
The Law Language and Humpty Dumpty
Oklahoma Bar Journal
A Federal Grand Jury Primer
The Young Lawyer (American Bar Association)
The Fifth Amendment & the Federal Grand Jury
Oklahoma Bar Journal
Appellate Advocacy
The Young Lawyer (American Bar Association)
Crime & Punishment: Article 15
The Reserve & National Guard magazine
Let’s Kill all the Lawyers
Oklahoma Bar Journal
Understanding the Federal Sentencing Guidelines
The Young Lawyer (American Bar Association)
Stepping on the Battlefield: Military Justice Primer
Oklahoma Bar Journal
The Legalities of the Properly Shined Boot
The Tulsa Lawyer (Tulsa County Bar Association)
Who Really Plays for the Love Game
The Sporting News
Speaking Engagements
Trial Advocacy, Army JAG School Criminal Law Advocacy Course, Charlottesville, VA
United States Army Judge Advocate Generals Corps
Human Trafficking in Indian Country, Sovereignty Symposium, Oklahoma City
Oklahoma Supreme Court
Firearm Prosecutions and Courtroom Issues, National Judicial College Tribal Judge's Training, Reno, NV
National Judicial College
Boot Camp - Veteran's Issues, Boot Camp for the Heroes Program - Military Assistance Committee, Oklahoma City
Oklahoma Bar Association
Immigration Criminal Prosecutions, Federal Bar Association's Tenth Circuit Review, Oklahoma City
Federal Bar Association
SORNA - Sex Offender Registration Case Law, Federal Bar Association's Tenth Circuit Review, Oklahoma City
Federal Bar Association
Master Military Justice Pracitioner
United States Army Judge Advocate Generals Corps
Websites & Blogs
Robert D. Gifford, Founder and Attorney, GIFFORD LAW, P.L.L.C.
Robert Don Gifford, Attorney-at-Law
Legal Answers
92 Questions Answered

Q. If a charge was dismissed in a federal magistrate court, could a person go to special court martial for the same thing?
A: If it was dismissed "with prejudice" in the federal court, then there is an argument that the courts-martial may be bound by that dismissal. It depends on the reason and grounds it was dimissed. If the dismissal is silent, it's likely "without prejudice" and still subject to UCMJ action.
Q. I was recently discharged from the army after a failed urinalysis with a honorable discharge. I was told by my previous
A: You may want to consider petitioning that service's board of records review. For example, if you were Army you may want to petition the Army Discharge Review Board and/or the Army Board of Corrections of Military Records. See: and
Q. How can a DUI affect your chances for promotion?
A: Absolutely. It is pretty much a military career killer. The only "exception" is when the service member is a junior enlisted. The military leadership recognizes that a young soldier (or marine, etc.) will make mistakes. If that junior enlisted member is an otherwise good troop, a commander will work to rehabilitate him/her and keep them "in the fight."
Q. Is it possible for a defendant to face charges in both federal and state court?
A: Generally it is, but there are some exceptions to it. Bottom line is the because both are separate sovereigns, thus the double jeopardy clause does not apply. Most jurisdictions try to avoid doing this as it complicates trial dates and availability of witnesses.
Q. Can someone go to jail for making false statements during a federal investigation?
A: It is possible. 18 USC 1001 makes it a federal felony to make a false material statement to federal law enforcement during a federal investigation. Key things are that the statement was "material," and that the investigation is federal.
Q. I’m pending chapter , however my ets date is coming up can I still ets ? I was told I can’t but my leadership I feel lie
A: You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
Q. While I was in a relationship we shared a computer,separate profiles & passwords. Is the info. on my profile protected?
A: It is not, however you should contact the other party to advise they have no consent to access your private accounts. You should also seek to protect those accounts. Should those accounts be accessed, it can constitute an illegal “hacking,” and you should file a police report immediately.
Q. What is a motion to excel?
A: It's a "motion to accelerate" - which is to move a deferred sentence to a suspended sentence. The latter is a conviction, while the former is not. A judge can choose not to accelerate, however it is recommended you have counsel with you to protect yourself.
Q. I need to find out how zip-its is drug paraphernalia and what is the amount that makes methamphetamine a felony
A: If the zip-its were found with other narcotics (or had evidence of residue in them) they are considered paraphernalia as they are often associated with illegal drug sales/possession. Having them by themselves (with no residue) is not paraphernalia in of itself.
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Contact & Map
Gifford Law, P.L.L.C.
P.O. Box 2682
Oklahoma City, OK 73101
Telephone: (405) 778-4647
Fax: (405) 272-5141