Oklahoma Questions & Answers by Practice Area

Oklahoma Questions & Answers

Q: can a mother get custody of her children after adopting them to her cusions for nine years and signed her rights away

1 Answer | Asked in Family Law for Oklahoma on Oct 28, 2014

Answered on Nov 10, 2014

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Timothy J. Pickens' answer
It is unlikely. However, the validity of the adoption and termination paperwork should be reviewed. The defense of fraud or duress could be at issue. You really need an attorney to look at the whole picture.

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Q: Can ex just decide to change what day we use to determine 5th or 1st wknd for visitation after 9 years?

1 Answer | Asked in Family Law for Oklahoma on Oct 22, 2014

Answered on Nov 10, 2014

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Timothy J. Pickens' answer
Depends, if you have a joint custody agreement then you probably have a good argument for keeping the schedule as it was.

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Q: I am trying to get full custody of my children

1 Answer | Asked in Family Law for Oklahoma on Oct 29, 2014

Answered on Nov 10, 2014

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Timothy J. Pickens' answer
Yes. You will likely want to file a motion to modify your visitation restriction. if the events causing the supervision have been corrected. That is, in the eyes of the court.

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Q: PLEASE LET ME KNOW WHAT THIS ORDER MEANS FROM A JUDGE.See below for additional details.

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

Answered on Nov 8, 2014

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Matthew Williams' answer
This looks like an application to revoke a suspended sentence was filed indicating an attempt by a prosecutor or probation officer to have the sentence imposed. A warrant issued for the arrest of the defendant. A motion was filed (by the defendant or on his or her behalf) to dismiss the application and recall (cancel) the warrant.

It's unclear from what you posted if the motion to dismiss and recall was granted or if the entry simply indicates the filing party included a proposed...

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Q: Can I get revoked for not having a job when I have a disabled child at home and my probation is up in a month

1 Answer | Asked in Criminal Law for Oklahoma on Oct 8, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
If the terms of your probation require you to have employment, then your probation can be revoked for being unemployed. You should speak with an attorney. If money is too tight, check with Legal Aid of Oklahoma.

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Q: What would assault on a disabled person be considered or classified as?

1 Answer | Asked in Criminal Law for Oklahoma on Oct 10, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
Assault or battery on a disabled person by an able bodied person is probably aggravated assault or battery (or both). See Oklahoma Statutes title 21, Section 646(2).

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Q: Can a judge overrule a jury decision regarding a conviction of Lewd Acts against a minor under 12?

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

Answered on Oct 13, 2014

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Howard Berkson's answer
Your best bet is an appeal but, frankly, appellate courts normally uphold the trial court's decision.

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Q: Can my husband have charges dropped against my daughter for assault?

1 Answer | Asked in Criminal Law for Oklahoma on Oct 13, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
Criminal charges are brought by the state, the District Attorney makes the decisions, so it isn't up to you whether they continue prosecuting the case. However, that doesn't mean there is nothing you can do, but you need to talk to an attorney very quickly.

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Q: Worked at Abc supply in Stillwater oklahoma for almost 6 years took a voluntary layoff never called back what can I do

1 Answer | Asked in Employment Law for Oklahoma on Jun 28, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
We don't have enough information to answer your question directly. You can talk to the employer and ask them why they didn't give you the bonus everyone else got. You can ask them why you weren't hired back given your seniority. What you should probably do is write down a timeline of what happened and take that along with any paperwork or letters you may have about the layoff to an attorney.

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Q: Do I need an employment law attorney?

1 Answer | Asked in Employment Law for Oklahoma on Jul 7, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
It sounds like you have a wage claim that the Department of Labor would be interested in. Generally, if you go the administrative route, there is value in having a lawyer help you prepare your charge. If it is clear and well organized and tailored to highlight just the facts relevant to the laws and regulations the employer allegedly broke, the agency might be faster to act and more interested in your case.

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Q: Can an employer add a new territory to your work load which is in a different state? With no increase in pay.

1 Answer | Asked in Employment Law for Oklahoma on Jul 21, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
Your employer can change the terms and conditions of your work whenever they want, unless you have a contract in place saying they can't. For example, an employer can offer you work in Tulsa as a printer and then later transfer you to Oklahoma City to work as a baker and then fire you if you don't report to the OKC bakery. There are some exceptions and complicating factors, so it's worth talking about with an attorney.

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Q: Does a federal felony from 6or7 years ago show up for an employment background check

1 Answer | Asked in Employment Law for Oklahoma on Aug 2, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
If you were convicted of a federal felony 6 or 7 years ago, it will likely show up in an employment background check.

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Q: Is it legal for a General Manager (who gets salary) at a restaurant to pick up waiters shifts for tips?

2 Answers | Asked in Employment Law for Oklahoma on Sep 9, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
It is legal for a management employee who is paid on a salary basis to receive tips from customers.

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Q: Under FLSA, how should a non-exempt employee be compensated for time spent traveling to and from out-of-state training?

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

Answered on Oct 13, 2014

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Howard Berkson's answer
Ordinarily, a non-exempt employee must be paid while traveling out of their home city for a work related purpose if such travel occurs during their normally scheduled work time. There are exceptions: you might be entitled to pay during non-scheduled hours. You should discuss the situation with an attorney or raise the issue with the Department of Labor.

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Q: when you sell something as in with bill of sale it leaves property whats my right as a seller

1 Answer | Asked in Contracts for Oklahoma on Sep 21, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
You should share the details with an attorney. You may have an obligation. It is too complicated to answer in this format and you shouldn't discuss the details publicly.

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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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