Oklahoma Questions & Answers by Practice Area

Oklahoma Questions & Answers

Q: I am selling a product that requires images be uploaded to our site.

1 Answer | Asked in Entertainment / Sports for Oklahoma on Jul 18, 2014

Answered on Sep 4, 2014

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Ray Beckerman's answer
Yes you should clearly have your business model reviewed by a knowledgeable copyright attorney, to make sure that you don't become liable for copyright infringement.

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Q: First offense, misdemeanor marijuana, what is the amount of my fine? for stephens county oklahoma

1 Answer | Asked in Criminal Law for Oklahoma on Jun 24, 2011

Answered on May 21, 2014

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Kristin Treager Esq.'s answer
The range of punishment for Misdemeanor Marijuana Possession is not more than a year in jail and not more than $1,000 in fines. However, you will be responsible for additional court costs and perhaps drug assessment costs if the DA requires it. If you are under DA supervision, there is a monthly fee for that as well.

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Q: How can i get okla state to drop felony domestic assault charge against my husband after charge dropped by me?

1 Answer | Asked in Criminal Law for Oklahoma on Mar 11, 2014

Answered on May 21, 2014

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Kristin Treager Esq.'s answer
It is not up to you whether or not a charge is "dropped." The District Attorney assigned to the case decides whether or not to file a case and after filing whether to dismiss the charge(s). It is common for victims in domestic cases to call the police, feel bad after, and then change their mind. Because of this, most DA offices have a strict policy of pursuing charges.

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Q: How long does summary judgement take

1 Answer | Asked in Civil Litigation for Oklahoma on Apr 22, 2014

Answered on May 10, 2014

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Howard Berkson's answer
Summary judgment can be very simple or very complicated. The more complicated it is, the longer it will take for a judge to rule on it. Also, it depends on how busy the court is where the motion for summary judgment is pending. We don't have enough information to give a more concrete answer.

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Q: Can a hospital or emergency room take my unisured motorist claim if they have filed a lien?

1 Answer | Asked in Injury Law for Oklahoma on Dec 20, 2010

Answered on May 10, 2014

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Howard Berkson's answer
Probably. A hospital can file a medical lien on your personal injury claim so that it can provide healthcare services to you without worrying about being paid.

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Q: How can I file to be compensated for an assult the OKC attorney office chose not to press charges. I have medical bills

1 Answer | Asked in Injury Law for Oklahoma on May 3, 2012

Answered on May 10, 2014

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Howard Berkson's answer
You would have to sue the person in civil court for the tort of battery or negligence, depending on the circumstances. If you win the case, you would then have to actually collect on the judgment. If the other person has no money, no decent job, and no valuable assets, you might not ever see any money.

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Q: How do i go about getting a pro bono lawyer in tulsa area in oklahoma

1 Answer | Asked in Criminal Law for Oklahoma on Feb 7, 2014

Answered on May 10, 2014

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Howard Berkson's answer
Go here: http://www.legalaidok.org/

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Q: I asked the state to drop charges on my ex for domestic abuse in the presence of minors. Can I change my mind?

1 Answer | Asked in Criminal Law for Oklahoma on May 5, 2014

Answered on May 10, 2014

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Howard Berkson's answer
Yes, you can change your mind. Here are details: Whether the state can re-file charges depends on whether the constitutional protection against double jeopardy applies and whether the criminal charge has "expired" under the statute of limitations. Ordinarily, the Constitution protects a person from being charged a second time for the same act once a jury has been sworn. If the State dropped charges before a jury was sworn, it can re-file those charges unless the statute of limitations has...

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Q: I had bk problems and my boss knew about them and I hurt it agin at work then my boss fired me for it

1 Answer | Asked in Employment Law for Oklahoma on Feb 25, 2014

Answered on May 10, 2014

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Howard Berkson's answer
You should talk to an attorney experienced with workers' compensation law.

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Q: Are employers required to pay unused pto if you are furloughed?

1 Answer | Asked in Employment Law for Oklahoma on Apr 20, 2014

Answered on May 10, 2014

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Howard Berkson's answer
A "furlough" is typically a temporary leave. An employee on temporary leave is entitled to whatever the PTO policy allows. Also, there can be complicating factors, particularly if the furlough is for less than one week (e.g., 1 day per week for 3 months) and the employee is paid on a salary basis rather than on an hourly basis. For a more complete answer, you would have to talk to an attorney and provide all the facts and circumstances, including a copy of the employee handbook.

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Q: Is there a way i can pull up everything that our lawyer has filed on for us in bankruptcy, here on the computer?

1 Answer | Asked in Bankruptcy for Oklahoma on Jan 2, 2011

Answered on Feb 10, 2014

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Andrew Bresalier's answer
A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

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Q: My ex wife has filed bankruptcy (chapter 7) and my name is still her house note. will I need to file also?

1 Answer | Asked in Bankruptcy for Oklahoma on Jan 26, 2011

Answered on Feb 10, 2014

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Andrew Bresalier's answer
A: If she is granted a discharge, you will still be liable for the Note/Mortgage. Bankruptcy is an option; however Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you could lose personal property such as a car). Most attorneys provide a free initial...

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Q: My mom cosigned on a medical credit card for me. If I file bankruptcy does she have to file bankruptcy also?

1 Answer | Asked in Bankruptcy for Oklahoma on Apr 1, 2011

Answered on Feb 10, 2014

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Andrew Bresalier's answer
A: There is no such thing as a mere cosigner. This does not create a secondary / less liable class for you. The loan is in both you names. Payment or no, Bky or No, they can come after her the same as you.

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Q: If I filed bankruptcy in July 1997, which was discharged in December 1997 on my student loans, can they still collect?

2 Answers | Asked in Bankruptcy for Oklahoma on Dec 26, 2013

Answered on Feb 10, 2014

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Andrew Bresalier's answer
A: Student loans are not dischargeable and there is no Statute of Limitation on their pursuit. In rare events they can be forgiven for Total and Permanent Disability, which is well beyond the SS definition.

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Q: When filing credit card bankruptcy, is your mortgage loan or car loan affected

1 Answer | Asked in Bankruptcy for Oklahoma on Jan 25, 2014

Answered on Feb 10, 2014

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Andrew Bresalier's answer
A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

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Q: What is the most common sentence for assault with a deadly weapon charge

1 Answer | Asked in Criminal Law for Oklahoma on Jan 2, 2011

Answered on Jan 7, 2014

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Kristin Treager Esq.'s answer
According to Title 21 Chapter 21 Section 652: "C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon...

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Q: I have a suspended sentence in oklahoma and new cases am i going to prison

1 Answer | Asked in Criminal Law for Oklahoma on Jan 23, 2011

Answered on Jan 7, 2014

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Kristin Treager Esq.'s answer
When you violate your probation by picking up a new charge you do run the risk of jail or prison time. This all depends on the nature of the original charge (whether it's a misdemeanor or felony) and the nature of the new charge. You would need to talk to your attorney about the specifics in order to get an accurate evaluation.

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Q: When a search warrant is served, is every one handcuffed before the search?

1 Answer | Asked in Criminal Law for Oklahoma on Jul 19, 2012

Answered on Jan 6, 2014

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Kristin Treager Esq.'s answer
Usually the police will handcuff everyone (temporarily) who is present on the premises. They do this for their own safety. A temporary detainment is not an arrest.

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Q: What paperwork do i have to file pro se on an adoption i have paperwok from legal aid but no one can tell me what to do

1 Answer | Asked in Adoption for Oklahoma on Dec 30, 2013

Answered on Jan 3, 2014

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Howard Berkson's answer
Legal aid should be able to assist you unless you do not qualify for their services. If legal aid cannot help you, check with non-profit organizations that facilitate adoption such as Catholic Charities of Oklahoma City or Heritage Family Services in Tulsa.

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Q: When my landlord sells our house does that terminate our lease? Can we leave and demand our deposit back?

1 Answer | Asked in Landlord - Tenant for Oklahoma on Dec 31, 2013

Answered on Jan 3, 2014

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Howard Berkson's answer
If your landlord sells the property you are renting, you are still bound by the lease and the new owner is responsible for the landlord's obligations on the lease. There are some details about required written notification. See Title 41, section 119(C) of the Oklahoma statutes.

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