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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can Domestic abuse against a pregnant women. Be considered a felony first time incident.

I was booked under CF for this charge when we have no prior

Tracy Tiernan
Tracy Tiernan
answered on Apr 12, 2024

Oklahoma statutory law indicates that a domestic assault and battery on a pregnant woman where the defendant had reason to know she was pregnant is a felony offense carrying up to 5 years in the department of corrections. If the woman suffers a miscarriage as a result of the assault and battery it... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: Does Oklahoma's Constitution ban Gender Specific laws, and if so, does this affect Abortion Bans in Oklahoma?
James L. Arrasmith
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answered on Apr 10, 2024

Yes, the Oklahoma Constitution does contain a provision that bans gender-specific laws. Specifically, Article 2, Section 32 of the Oklahoma Constitution states:

"No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature;...
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1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Should I write Oklahoma department of corrections head detailing all grievances issue before discharging in July?

Im an Oklahoma inmate and in April 2023 my 1st, 5th, 8th,& 14th amendment rights were voilated by prison staff. I tried to address the issues through the prison grievance procedure but the prison administration put up roadblocks and finally transferred me to another prison across state for... View More

James L. Arrasmith
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answered on Apr 4, 2024

Given the complexity of your situation and the alleged violations of your constitutional rights, it would be advisable to take the following steps before your discharge in July:

1. Write a detailed letter to the Oklahoma Department of Corrections Director, outlining all the grievances, the...
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1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I got evicted and the court ruled judgment for possession of property only do I still owe the balance from the eviction?
James L. Arrasmith
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answered on Mar 31, 2024

In a judgment for possession only, the court grants the landlord the right to take possession of the rental property, but does not address any monetary claims, such as unpaid rent or damages. This means that while you must vacate the property, the judgment itself does not require you to pay any... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I lived in a rental property for 17 years. After giving proper notice and moving out I received a bill for $5500.

The bill includes fees for cleaning, painting, paint, maintenance, materials, carpet, vent cleaning and more. Are these legitimate fees? They haven’t performed maintenance, painted or replaced the carpet in 17 years. Wouldn’t they have done that anyway? We had pets and paid a pet deposit. My... View More

James L. Arrasmith
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answered on Mar 31, 2024

In most rental situations, normal wear and tear is expected and should not be the tenant's financial responsibility, especially over a 17-year tenancy. However, there are some nuances to consider:

1. Cleaning: If you left the property in a condition that required cleaning beyond what...
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1 Answer | 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?

James L. Arrasmith
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answered on Mar 31, 2024

No, a landlord cannot typically force you to pay an additional year of rent simply because you did not renew your lease. Here are a few key points to consider:

1. Notice period: If you provided the required notice (usually 30 days, but this can vary by state and lease agreement) before...
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1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: If I live in a mobile home community in a home that I own on a leased lot, can the management force me to put up blinds?

I have lived here for almost 4 years in this manufactured home that the management has no claim of ownership to. They own the land it is on and we have a signed lease. They have recently amended their rules to require every window to have white blinds and will be charging me $45 per window in... View More

James L. Arrasmith
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answered on Mar 30, 2024

In your situation, the key factor to consider is the terms of your lease agreement and any provisions it may have regarding changes to community rules or regulations. If your lease includes a clause that allows management to amend the rules of the community and imposes new requirements on... View More

1 Answer | Asked in Federal Crimes for Oklahoma on
Q: If there was a gun in the car but I was driving the car without knowledge of the gun. What can I do?

The person told the court the gun belong to them as well.

James L. Arrasmith
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answered on Mar 28, 2024

If you were driving a car without knowing a gun was inside, and someone else has admitted to the court that the gun belongs to them, your situation might still require careful navigation. The first step is to ensure you have legal representation. An attorney can advise you on the specifics of your... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: In Oklahoma county district court judicial review how long does the judge have to respond to a motion?

Inmate challenging grievance restriction in Oklahoma county district court. Court gave him till 3-10-23 to provide statement of prior judicial and administrative relief sought with copies attached and verified affidavit of all lawsuits filed in past 10 years inmate complied on 3-5-24 and filed... View More

James L. Arrasmith
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answered on Mar 28, 2024

In the context of Oklahoma county district court, the timeline for a judge to respond to a motion can vary depending on several factors, including the complexity of the motion, the current caseload of the court, and specific procedural rules that might apply. Generally, there isn't a set... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Oklahoma on
Q: I found out online that Oklahoma allows an impounded vehichle to be released w/o fees to homeless/indigent. Contact??

It has put my family in financial despair that is unbelievable since my vehichle was impounded 2 weeks ago. I, my fiance, my 36 y/o daughter, 38 y/o son in law and 10 y/o grandson all have been living in a small bumper pull rv since both our households faced eviction in Mid Nov and had no other... View More

James L. Arrasmith
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answered on Mar 27, 2024

I'm truly sorry to hear about your challenging situation. In Oklahoma, there might be provisions for impounded vehicles to be released without fees for individuals who are homeless or indigent. It's important to gather all relevant documentation that demonstrates your current living... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have been charged with 3 count larceny can I plea no contest or what should I do

I am sorry for what I have done I have a son I am scared to loose I was drunk and wasn't in the right mind state please help me

Tracy Tiernan
Tracy Tiernan
answered on Mar 27, 2024

Hi, the determination of whether or not you can enter a plea of “no contest” in a criminal case that involves a disposition by a plea bargain a lot of times depends on the courthouse in which you are charged, the judge you have, and the district attorney or prosecutor handling the file.... View More

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: i live in Oklahoma City an hold an OMMA weed card. can uhg recind a job offer because of?

its a remote job for telephone work

James L. Arrasmith
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answered on Mar 26, 2024

In Oklahoma, the legal landscape surrounding medical marijuana and employment can be complex. If you hold a valid Oklahoma Medical Marijuana Authority (OMMA) card, you're protected under state law against discrimination for solely being a cardholder. However, employers still have the right to... View More

1 Answer | Asked in Cannabis & Marijuana Law and Gov & Administrative Law for Oklahoma on
Q: Can you be a lawyer and still have a medical card as long as you don't use on the job?
James L. Arrasmith
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answered on Mar 26, 2024

You can be a lawyer and possess a medical card for cannabis use, as long as you comply with the laws and regulations of the jurisdiction where you practice law. The critical factor is to ensure that your use of medical cannabis does not impair your ability to perform your duties as a lawyer. Each... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can a officer arrest me for DUI of medication but put different details in affidavit? (Marijuana)

I was pulled over for speeding.The officer said he smelled marijuana.I was honest and told him I did have marijuana. He gave me a field sobriety test.I did tell him I take medication but I did not smoke marijuana that day. He told me i'm under arrest for taking the medication and driving. And... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 25, 2024

Well, if you took a blood test, that should settle the issue as to exactly what was in your system. Unfortunately, in many counties the fact that you have some overtime or controlled drug present in your system is usually enough for them to pursue this criminal charge against you. They will rarely... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Animal / Dog Law for Oklahoma on
Q: Can the police enter my property without a warrant through a locked gate with no trespass signs in Oklahoma

12 Police climbed over my locked gate at 830am and asked for me to allow their vet to assess my horses. I told them that I work with a 501c3 rescue to rescue refeed and rehome horses from the slaughter pipeline. They lied and said my vet was the one asking the welfare check which I can prove is a... View More

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answered on Mar 24, 2024

It's essential to understand that, generally, police need a warrant to enter private property, but there are exceptions such as emergency situations, immediate threat to life or property, or other exigent circumstances. In Oklahoma, as elsewhere, no-trespassing signs and locked gates typically... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

James L. Arrasmith
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answered on Mar 24, 2024

It seems like you're in a situation where you're expecting transparency but are meeting resistance, which can indeed be frustrating. Typically, after a police incident, especially involving crimes like assault and battery, it is standard procedure for a police report or at least an... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

Tracy Tiernan
Tracy Tiernan
answered on Mar 24, 2024

I guess it depends on when you asked for the report. they’re not gonna talk about or provide you with the report instantly after an incident has occurred, however, they should be able to give you some type of report or case number which will be different from the case number assigned to the... View More

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Oklahoma on
Q: If you have felony convictions and charged with felon in possession of firearm and animal cruelty. What sentence are you

Typically given if found guilty or given a plea bargain. Chances of getting a not guilty decision with so much lack of evidence is apparent. When there is no admission of guilt no physical evidence or second hand accounts.

Tracy Tiernan
Tracy Tiernan
answered on Mar 23, 2024

It’s always dangerous when you have prior felony convictions and you get arrested for a new felony offense. This is particularly true when you have more than one prior and they link up with each other and can be used under the second and subsequent offense statute to increase punishment on new... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Timothy Carignan
Timothy Carignan
answered on Mar 22, 2024

It can be either. If the amount is more than what people would consider “for personal use,” or if it’s packaged in such a way that it can be easily sold, it will be considered trafficking. Even small amounts can carry the higher charge if behavior implies that you’re planning to sell it.

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Tracy Tiernan
Tracy Tiernan
answered on Mar 22, 2024

As a general rule, when a controlled drug is found in the possession of an individual, the primary factor (outside of whether they knowingly were in “possession”) is the quantity or weight. Trafficking in methamphetamine, for example, is 20 g, and it doesn’t matter whether someone possessed... View More

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