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Oklahoma Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister won her appeal. Will she still get deported for criminal charges she is not guilty of?

She is a permanent resident.

She went to trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. §... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister is a permanent resident and won her criminal case appeal, will she still get deported?

She went ti trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. § 1952(a) (3)).

She is currently in... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Inmate being denied access to court so his father with POA efile motions for inmate. Can the father sign the motions?

Inmate being denied access to court. Had his father e-file motion. Father has power of attorney and the form states Any and all affairs concerning me... Does that clause give father power to sign motions for the plaintiff?

James L. Arrasmith
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answered on Mar 18, 2024

When an inmate finds themselves unable to access the court, it can be a deeply frustrating and disempowering experience. In such cases, having someone outside, like a father with Power of Attorney (POA), step in can seem like a practical solution. The POA document, stating "Any and all affairs... View More

0 Answers | Asked in Criminal Law for Oklahoma on
Q: Why would I be arrested but never charged? Can I sue?

I was pulled over and eventually the cops “charged” me with possession, paraphernalia, no DL and open container. I was given the charging tickets and an “out of custody” arrest. I was let go at the scene with my keys and car. They even returned my beer and some paraphernalia. The prosecutor... View More

0 Answers | Asked in Criminal Law for Oklahoma on
Q: if someone has a pled guilty for obstructing an officer and pled guilty to resisting an officer

On their rap sheet . And are going to prison on a trafficking charge. On 10 yr with 7 suspended. With a year in county with time served bc they are a trustee. Will they qualify for house arrest?

0 Answers | Asked in Divorce and Probate for Oklahoma on
Q: I have a divorce decree that states my ex-husband needs to refinance property but has not done so yet; affects credit.

Court order is issued from one state and property is in another state. The other party has not refinanced the property or vehicle listed in divorce decree and I am now looking into enforcing a divorce decree in the county/state that the other party resides in.

1 Answer | Asked in Business Law for Oklahoma on
Q: Is it legal in Oklahoma for a venue to allow cheating at a trivia contest if there is a financial gain to the winner.
James L. Arrasmith
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answered on Mar 14, 2024

In Oklahoma, the legality of allowing cheating in a trivia contest, especially when there is a financial gain involved for the winner, hinges on several factors including fraud, fairness in competition, and specific state regulations regarding contests and gambling. If a venue knowingly allows... View More

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Legal Malpractice and Native American Law for Oklahoma on
Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

0 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My mom butil built a house with my brother it’s a separate house attached to his house she paid for her house

She paid for her house and part of his she told me that her house that is attached to his would be mine when she passed and she just passed but he tells me I can’t live there what am I entitled to? She had no will and I don’t think it was in her name she just had it built when he was building... View More

0 Answers | Asked in Criminal Law, Traffic Tickets and Native American Law for Oklahoma on
Q: Cherokee citizen on travel land, Was arrested by non cross deputized officer

I Was stopped and arrested wasn’t given a reason for being stopped or a citation but was given citations for what happened after the stop by Arcoma Ok. City police officer that hasn’t been cross deputized it was $1850 to get out I paid a thousand and owe the 850. I’m a citizen of Cherokee... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a lot of questions about tribal law for my brothers charges and other things that concern me with his case

My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 16, 2024

Criminal charges involving a tribal member as the defendant, as I’m sure you have experienced, can remove a case from state court to a tribal venue. They will always set a bond except, in extreme cases, that would allow your brother to secure his release from custody if he were in the financial... View More

1 Answer | Asked in Gov & Administrative Law for Oklahoma on
Q: Please tell me what the sanctions are for violating Oklahoma StatutesTitle 47. §47-12-203, §6-101(a), §1151(A)(5)?
James L. Arrasmith
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answered on Mar 14, 2024

Here is a summary of the sanctions for violating the Oklahoma traffic statutes you referenced:

§47-12-203 - Operation of vehicles without required equipment or in unsafe condition

- Misdemeanor punishable by fine of $10-100 for operating a vehicle without the required lights and...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: my constitutional right to travel whether by horses drawn buggy or automobile amendment 1,7&14 can a cop arrest me with

No laws broken and no danger to the public

James L. Arrasmith
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answered on Mar 14, 2024

I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable... View More

0 Answers | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Oklahoma on
Q: I admitted my husband into a Skilled Nursing Facility due to a severe brain injury and then his sisters came in and woul

And his sisters came in and got power of attorney I was not informed of this I already had a power of attorney but I hadn't turned it in but I have that nobody has taken care of him but me for the last 5 years can they do that and what do I need to do my power of attorney is from 2022 and they... View More

0 Answers | Asked in Elder Law and Nursing Home Abuse for Oklahoma on
Q: tulsa okla I admitted my husband to skilled nursing due to sever brain injury everything was approved. I finally found p

his sisters got poa

he thinks he signs divorce papers can they do that

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Should I have been allowed more time to hire another attorney when my attorney recused himself from the case in court

My attorney refused himself from the my case in court so I asked for more time to get legal representation and the judge told me no that I had to represent myself

James L. Arrasmith
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answered on Mar 12, 2024

In most cases, when an attorney withdraws from a case, the court should allow the client a reasonable amount of time to find new representation. This is to ensure that the client's right to legal counsel is protected and that they have a fair opportunity to present their case.

However,...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Should I have been given time to get me another lawyer?

My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More

0 Answers | Asked in Landlord - Tenant for Oklahoma on
Q: Can a landlorrd make you pay an additional yr of rent because you did not renew the lease?

Lease was up February 28th, I paid for March and gave a 30 day notice today that I would be moving April 12.

Landlord states I owe her an additional year of rent?

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