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Robert Donald Gifford II

Robert Donald Gifford II

Gungoll, Jackson, Box & Devoll, P.C.
  • Criminal Law, Native American Law, Military Law...
  • Eastern District of Oklahoma, Northern District of Oklahoma, Oklahoma, Western District of Oklahoma
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Summary

A former federal prosecutor and now Senior Attorney at Gungoll, Jackson, Box & Devoll with a practice specialty in Native American Law, White Collar/Criminal Defense, Military Law, Government Contracts, and Civil Litigation. Mr. Gifford, a tribal member of the Cherokee Nation, also serves as a tribal court judge for two Native American tribes, a Colonel in the Army Reserves with five years of active duty service, and an adjunct law professor at two law schools teaching Trial Practice, Military Law, Indian Gaming, & National Security Law.

Practice Areas
  • Criminal Law
  • Native American Law
  • Military Law
  • White Collar Crime
  • Family Law
  • Gov & Administrative Law
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    On a case by case basis.
Jurisdictions Admitted to Practice
District of Nevada
-
Eastern District of Oklahoma
Northern District of Oklahoma
Oklahoma
Western District of Kentucky
-
Western District of Oklahoma
9th Circuit
10th Circuit
Air Force Court of Criminal Appeals
Army Court of Criminal Appeals
Court of Appeals for the Armed Forces
U.S. Court of Appeals for Veterans Claims
U.S. Supreme Court
Various Tribal Courts
Languages
  • English: Spoken, Written
  • Spanish: Written
Professional Experience
Senior Attorney
Gungoll, Jackson, Box & Devoll, P.C.
- Current
Associate Justice
Iowa Nation Supreme Court
- Current
Chief Judge
Kaw Nation Tribal Court
- Current
Staff Judge Advocate/Commander/Executive Officer/Senior Defense Counsel
United States Army Reserve
- Current
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
Tulsa County District Attorney's Office
-
Trial Counsel/Defense Counsel/Legal Assistance Attorney
United States Army Judge Advocate General's Corps
-
Education
United States Army War College
M.S. / Strategic Studies (2015)
-
University of Oklahoma College of Law
J.D. / Law (1996)
-
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,
Awards
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
Member
- 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
Member
- Current
Judge Advocate's Association
Lifetime Member
- Current
Federal Bar Association
Member
- Current
Oklahoma Bar Association's Criminal Law Section
Chair-elect (2018)
- Current
Oklahoma Bar Association # 17034
Member
- Current
Oklahoma Bar Association
Board of Governors
-
Publications
Articles & Publications
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
Certifications
Master Military Justice Pracitioner
United States Army Judge Advocate Generals Corps
Websites & Blogs
Website
Robert Don Gifford, Senior Attorney, Gungoll, Jackson, Box & Devoll
Website
Robert Don Gifford, Attorney-at-Law
Legal Answers
64 Questions Answered

Q. Can my probation officer physically check me, is that common?
A: Most probation officers are required to ensure that you are in compliance, haven't fled the jurisdiction, have not been charged with any new crimes, and some conditions of probation require employment, residence, etc.
Q. Can I mount emergency lights in my POV only lights non sirens. I'm military police and just wondering if I can.
A: Most civilian jurisdictions (state or municipal laws) disallow this on non-official vehicles. I would check with your local law enforcement before doing so.
Q. What are my 2nd Amendment rights with Article 128 GCM conviction AND an Honorable discharge? GCM was 2005.
A: If you were taken to a General Courts-Martial (not a Special, Summary, or Article 15), then you have a felony conviction. That conviction will prevent you from ever possessing a firearm or ammunition. Possession of such is a federal (civilian) offense and a crime in all state jurisdictions.
Q. Can a soldier get medically discharged for an irregular heartbeat that sometimes interferes with PT?
A: He can, but it will take a doctor's work up on it. He may be given a waiver, but if the heart condition is dangerous and makes him non-deployable he will likely be discharged.
Q. Our son graduated in May, turned 18 in June. Was sworn in the military while still in high school and getting paid from
A: It is very specific to what your decree says. If it says until he turns 19 and living with the custodial parent, then you will. You may want to have an attorney look at your decree.
Q. I'm going to be joining the army and my husband has been convicted of a felony will he be able to be on base with me?
A: Yes, however if it deals with a sexual offense or abuse of children - they may not allow him. It's generally in the garrison commander's discretion.
Q. In the SF 86 investigation process, does the police record check with federal, state, and local agencies include -
A: They do a pull of the NCIC, so if it is reflected there it will show up. I do believe there is a question on the SF-86 on mental health, so make sure you answer it fully and completely. It's the cover up that always gets people.
Q. Can law enforcement pursuit a search warrant on a residence if nobody was at residence at time of search and seizure
A: Yes. There is no requirement for anyone to be at home, and is often preferred by law enforcement for safety. A search warrant is only for a location that has been allowed by judicial review and probable cause.
Q. I'm being discharged with a 5-17. I signed my packet last monday. It was sent off the following day. How long do I have
A: That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.
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Contact & Map
Gungoll, Jackson, Box & Devoll, P.C.
101 Park Avenue
Suite 1400
Oklahoma City, OK 73102
USA
Telephone: (405) 272-4710
Fax: (405) 272-5141