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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law and Animal / Dog Law for Oklahoma on
Q: How late can I stay out behind an alley of to my house to watch a bird
Charles Watts
Charles Watts answered on Oct 18, 2021

Are there curfews in place? Are there restrictions to the alley? Are there also other residences nearby? - bird watching could easily be construed as peeping and therefore not legal. You need to be more specific and if you have been cited or detained for this then contact a criminal law attorney... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: In child custody do you follow what's in the divorce or child custody plan?
Charles Watts
Charles Watts answered on Oct 18, 2021

There should be language to define that. Additionally if one was filed later than the other then that usually supersedes (that is if it came later as in months not minutes/hours). You should seek a family law attorney to assist you with your issues as they can often turn quickly if you are not... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Will a motion to vacate buy me more time to move.
Charles Watts
Charles Watts answered on Oct 17, 2021

More details are needed, however a simple motion is only that until a judge has a hearing and makes a ruling on that motion. Therefore, until that time the short answer would be no.

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: Is it legal in Oklahoma to smoke marijuana in front of minors?

I know a family that I’ve been told is doing this.

I don’t have personal knowledge, but I’m concerned.

Charles Watts
Charles Watts answered on Oct 17, 2021

With the passing of medicinal marijuana this question becomes very interesting. A medical user can use anywhere that smoking is permitted. (In other words can’t smoke indoors where smoking of cigarettes would be prohibited)

Additionally, there are minors who also have medicinal marijuana...
Read more »

1 Answer | Asked in Education Law for Oklahoma on
Q: Is it possible to have my child be exempt from P.E. class?

She is a straight A. student but lacks athletic ability so it causes other kids to not want to include her and get made fun of so she doesnt like school anymore. P.E. class shouldnt cause kids to feel this way. I dont see this class being necessary for her. She is in 5th grade and has loved school... Read more »

Kimberly Winslow
Kimberly Winslow answered on Oct 15, 2021

Federal law does not require public schools to provide physical education, but many states do. Below is from 2010, so guidance may have changed. https://www.shapeamerica.org/advocacy/son/2010/upload/Oklahoma-profile.pdf

"Oklahoma mandates at least 60 minutes of physical education per...
Read more »

1 Answer | Asked in Land Use & Zoning for Oklahoma on
Q: What is the paragraph in Title 19 to read/learn about easements (33 ft) in southwest Oklahoma please
Charles Watts
Charles Watts answered on Oct 14, 2021

19-865.51 through 19-869.7 are the statutes regarding zoning of county/city/lake planning/etc... With that said, counties and cities have some flexibility to set their own limits, in which you would have to check with the county commissioners in a county, or the city codes for a city.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: What is the para for legal easement (33 FT) in western Oklahoma Please
Richard Winblad
Richard Winblad answered on Oct 14, 2021

This varies greatly depending upon the use and whether the company has the power of eminent domain.

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1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... Read more »

Charles Watts
Charles Watts answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: My employer has had my medical exemption request (with physician letter) for 6 weeks. Is this a prompt review?

It has been nearly 6 weeks since I requested a medical exemption from the vaccine. My physician wrote a letter to accompany the request. I have an extensive medical history including myocarditis and prior Covid-19. I simply want an answer as to whether my employment depends on vaccination. The past... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 12, 2021

More information is needed here. If you have followed up with your employer regarding your exemption status and continue to be ignored, and if you have been on unpaid leave status during this 6-week timeframe, then you may want to discuss your situation with an Oklahoma employment attorney and... Read more »

1 Answer | Asked in Criminal Law and Mergers & Acquisitions for Oklahoma on
Q: What can we who about falsely putting a person on a motion of discovery?

My roommate was caught with a bunch of drugs and money and a gun up the road from my house and told them he lived here and they came and raided my house. Nothing of what they were looking for was found besides a set of scales and a little personal. Then whenever he gets out and has his motion to... Read more »

Charles Watts
Charles Watts answered on Oct 11, 2021

Contact the attorney handling the defense in the case and have them address that

1 Answer | Asked in Civil Rights for Oklahoma on
Q: H & H auto savage

Hello yes , my truck was impounded last night and the wrecker company is not allowing me too come retrieve it what can do

Charles Watts
Charles Watts answered on Oct 11, 2021

One, if it was impounded for legal reasons, as in a result of a traffic stop of some sort which in the end had reasons to be impounded then you will have to get those ‘holds’ resolved with the agency that ordered the impound. ((Such as proof of insurance and such)) - Additionally, the impound... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: A wiretap warrant was signed by an appellate judge in okla city, the wiretap was being monitored in Tulsa co by the OBN

and the target of the wiretap was in Washington county. The district attorney in Washington co is who brought the charges against almost 20 people for drug conspiracy. I found that "The Court of Appeals held that under both 18 U.S.C. § 2516(2) and CPL article 700.05(4), eavesdropping... Read more »

Charles Watts
Charles Watts answered on Oct 11, 2021

The Criminal Appellate Judge has jurisdiction for the entire state therefore yes all those areas fall into the geographical location. Additionally, OBN is also statewide and therefore also meeting the geographic location. It is not uncommon for criminal investigations to span multiple jurisdictions... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: If I have emergency custody of my son but I let his dad have him and he has had him for the last 5 years what can I do?

Do to get visitation? His dad won't allow me to see him and he never went to court to change the status of me having emergency custody. I do not want to take my son from where he is, its a lot to explain why I got emergency custody and then gave my son to his dad...He won't tell me where... Read more »

Charles Watts
Charles Watts answered on Oct 11, 2021

I am sure there are logical reasons for your choices, however if you had emergency custody and then gave your son back to the father then you violated the court order as well as ignored the emergent situation that brought about the custody. This is not something you should attempt to handle on your... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Yes what exactly does this mean , witnesses endorsed for the state of oklahoma and then it has my name listed with 3 c

Listed with 3 cops and 1 osbi chemist on my sons information/ criminal cover sheet from when he was arrested

Charles Watts
Charles Watts answered on Oct 9, 2021

Your question is a little vague, however if I am understanding your question then basically the state has listed you as a witness (most likely because you were there when he got arrested). Contact some criminal lawyers to have them give you specifics on the case.

3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I need to know if I can sue my father for money he owed in a divorce with my mother.

My parents divorced in 2016, my father owes us half of the property value but he has never paid any of it. My mother has PTSD from the marriage and its really hard for her to work on finding a lawyer and everything because of her mental state. I'm 21, I need to know if theres anything I can... Read more »

Anna L Self
Anna L Self answered on Oct 8, 2021

If you were guardian of your mother you could pursue her action on her behalf. Also a Durable Power of Attorney drafted correctly would allow you to proceed on her behalf. You can't "take it into your own hands" as the cause of action belongs to your Mother. Good Luck!

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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I was pulled over bc the officer said my tags were out. Their not he wrote me a ticket no license AND TO JAIL

HE. FIRST said my tags were out then he said he couldn't read them. Then wrote the ticket AND TOOK me to jail.is that legal?

Charles Watts
Charles Watts answered on Oct 6, 2021

If the stop is found to be valid - unable to read the license plate because it’s dirty, covered, sticker in wrong spot, etc… would most likely be determined as valid, then yes the no license issue is also enforceable.

1 Answer | Asked in Tax Law for Oklahoma on
Q: In oklahoma if I buy a motorcycle with expired tags will I be charged a penalty to get it tagged and titled in my name
Charles Watts
Charles Watts answered on Oct 6, 2021

In order for the tag/title to be transferred it has to be brought up to current. Whether you pay that fee or the seller is up to you as the purchaser.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oklahoma on
Q: If the custodial parent has died, do I still owe arrearges? And who do I owe them to?

After her death I received some legal papers from an attorney explaining that she had passed away and that our minor child wanted to live with his older step brother. Having had no contact or relationship with the child for 16 of his 17 years I consented to his request only to find out later that... Read more »

Anna L Self
Anna L Self answered on Oct 5, 2021

If the custodial parent has died and the child is still a minor then you owe the child support arrears to the person who has guardianship over the child or if the child has received benefits from DHS due to your nonpayment of child support you may owe DHS.

If the child is now an adult and...
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1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: pro se what can be filed post judgment protective order if the victim keeps contacting them by Facebook?

Alleged victim filed a report In a different county making false allegations and misrepresentations of her protective order to an officer that caused defendant to be arrested and charged for violation of protection order. Eventually defendant proved there was no probable cause so prosecutor... Read more »

Anna L Self
Anna L Self answered on Oct 5, 2021

I don't know any similar case examples. If there is new evidence that there was no victim, you can file a Motion to Vacate the Protective Order.

1 Answer | Asked in Family Law for Oklahoma on
Q: Filing an application for contempt for any violation of the automatic temporary Injunction, is there a form - Thank you

This is a divorce where the bank accounts were emptied prior to the hearing.

Anna L Self
Anna L Self answered on Oct 5, 2021

There are no forms for a violation of ATI. An attorney would draft a Application based on the facts of the case and every case is different.

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