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Questions Answered by Brian Boeheim
1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: can Title 22. Criminal Procedure §22-445. Transfer to county of proper venue be used when dealing with a Native American
Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Subject Matter Jurisdiction issues are being argued based on McGirt and Murphy cases in Oklahoma. You need to be on a role and have a CBID card that shows you have a blood quantum. Further the crime must have occurred on Muskogee/Creek territory. I believe there has just been a ruling regarding... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the county attorney wants to put the preliminary hearing off for a later date is that a good thing or a bad thing
Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Depends...if they are having a hard time finding their witness then I don't like it because it gives them ore time to find them. If on the other hand, they are contemplating new evidence that might exonerate you then it is a good thing. Generally, I prefer pushing forward and calling ready.... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My sons father likes to tell people hes there for my 10 month old son and hes not.

Im trying to see what the odds are of getting soul custody of my son. Hes 10 months old and his father is bad into drugs and lives in his car because his ex kicked him out. He does have a job at a gas station but has only helped me twice since my son has been born with diapers. He never sees my son... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 16, 2020

Not sure what your legal situation is at the moment, so it makes it hard to answer your question. There are two types of custody: Legal and Physical Custody. Legal Custody is about making decisions for the child. Examples would be where to go to school, church, medical treatment, etc. Physical... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I took 2 sleeping pills, 2 pain pills and my new dose of anti depressants and couldn't sleep so I went to walmart.

I scanned my items in self checkout. I noticed the machine was making a weird beeping when I scanned. Finally a worker came over and fixed it. So I went to leave and they asked for my receipt. They contained me saying I was a thief. I dont remember much of the event but I think she said I was... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

You should hire an attorney, even if it is just a municipal charge. These types of charges can haunt you. Let an experienced attorney handle this for you.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Im just trying to get a nother court date Im in canadian county Oklahoma court October 7
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

I think I actually answered this already. Contact two attorneys and get quotes on retainers. Then tell the judge who you talked with and that you need more time to retain them.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Im trying to get my court date put off for another time so I can figure out money to pay one im in Elreno Oklahoma
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

It really depends on how many times you have gone to court whether the judge will give you more time. Usually, most judges, will give you time to retain an attorney. My suggestion is to contact at least two attorneys and get prices. Let the judge know that you have contacted those specific... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How much ia that? I just recently lost my job do I have no money
Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

seems like you are requesting an price estimate? Without more information, it is impossible to answer your question. Sorry.

2 Answers | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: I just recently lost my job and my wife is refusing to let me see my kids been like this for going on 2 years.

please i don't know what to do

Brian Boeheim
Brian Boeheim answered on Oct 3, 2020

If you have no money at all, then you might reach out to Legal Aid or one of the Christian Charities.

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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: if my daughter is 18 and she’s dating a 13 year old and nothing sexual is happening, would she get in trouble, how much?

they’ve been dating since she was 17 and she just turned 18 not even a month ago.

Brian Boeheim
Brian Boeheim answered on Oct 2, 2020

Generally speaking anytime there is an adult and the minor under the age of 16 years, you have considerable risk, in that the minor cannot give consent to anything. Also, Lewd Molestation, child pornography, etc. are charges that could be alleged for as little as selfies in bathing suits, or... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: Parent moved child out of state but hasn't established residency. Joint custody is order does parent have to move back
Brian Boeheim
Brian Boeheim answered on Oct 2, 2020

In most cases, the relocating party must provide notice well in advance in order to offer the other party time to object. If they just move and take the child with them, then you can file an Application for Contempt for staters. Unless there is a very good reason for the move and it won't... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Is it possible for a father to get at least 50/50 custody of his children from the mother in Oklahoma?

They were never married, no abuse except for mental abuse from her to him. They have 2 children but my husband accepts her other child as his and we have him when we have the others. Her family says she never has them, either we have them or her mother or sister do. Kids are 8, 9, and 12.

Brian Boeheim
Brian Boeheim answered on Sep 30, 2020

I agree with Pete. We have Father's who get 50/50 all the time. We even have some Father's who are the primary custodian. It is a case by case determination.

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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Ongoing domestic violence court case against intimate partner and I do not wish to testify, legal punishment for me?

Domestic violence case, this is a preliminary hearing, I want the charges dropped, we have a daughter together but shes not with me or him, shes with my mother and that i have to be served papers and if they dont then his charges will be dropped and so far no papers at all have been served to me at... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 28, 2020

You are correct, the DA cannot charge you or in any other was threaten you to testify if you are the victim. With that said, that does not prevent DHS from opening a case. This happens more than it should.

The service of a subpoena is not the real issue. The issue is your willingness to...
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1 Answer | Asked in Divorce for Oklahoma on
Q: Can spouse (that been separated) add me on credit card without my authorization after been removed?

In May when I called this credit card company they said I was not on account they could not talk to me and would be off my credit and now 4 months later I'm on the magically on the account. Been spareted since Oct. 2016. Filed for divorce in Feb. 2016.

Brian Boeheim
Brian Boeheim answered on Sep 23, 2020

If you filed for divorce in 2016, my first question is why hasn't that been finalized? Nothing should take that long unless you have been trying to reconcile. Next, with the divorce petition you both should have signed an ATI (automatic temporary injunction), which in simple terms freezes... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife has given me permission to sleep with other people. Is this still an affair to the courts in Oklahoma?

We are living at different homes and she explicitly said I could sleep with other people, which is saved in a text message. Is it possible for her to attempt saying I cheated on her despite having her permission?

Brian Boeheim
Brian Boeheim answered on Sep 23, 2020

I agree with Pete, and would add that there is a criminal statute for infidelity, but it is not enforced anywhere in the State of Oklahoma that I have ever heard.

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2 Answers | Asked in Divorce for Oklahoma on
Q: I need to know if it is legal to sell property that is part of marital assets during a divorce proceeding in Oklahoma
Brian Boeheim
Brian Boeheim answered on Sep 23, 2020

I would agree with Charles. I have a case like this right now where the house has been sold and the profit is being held by one of the attorneys in an escrow account to be distributed after mediation.

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1 Answer | Asked in Child Support for Oklahoma on
Q: Does OK factor in the number of children in the order or is the payment amount solely based on income of both parties.

My son turned 18 in Jan, and graduated HS in May. I am still receiving the full amount that I've been receiving. I also have a 16 yr old. I was given 2 different responses from 2 different employees at CS enforcement. The NCP was told he could potentially pay more for 1 child than he pays for... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 17, 2020

My interpretation of the case law is as follows:

The child support order is not for two individual children, but instead is for support of all children. Therefore, just because one of the children reaches the age of majority (18 years of age and graduated from high school) it does not...
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1 Answer | Asked in Criminal Law and Child Custody for Oklahoma on
Q: Can my 13 year old son refuse weekend visits to his fathers house if he has testified about abuse from his dad?

My son testified that his dad recently held his head under faucet of water as a disciplinary method.

Brian Boeheim
Brian Boeheim answered on Sep 17, 2020

When you say testified, do you mean in court under oath? If that is the case, then I would question why the father still has unsupervised visitation? If you came to me with that claim, I would probably start by calling his attorney and try to get an agreement to adjust the visitation temporarily... Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: I was getting to $230month for my child support then it went down to $50 and now I get $15 a month for my child support

I was not informed by any courts or the co-parent of any changes to my payments I'm supposed to receive nor do I know how much am I supposed to be getting all together

Brian Boeheim
Brian Boeheim answered on Sep 6, 2020

You need to get a good attorney to look into this. Child Support should not change unless it is ordered by the court.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: As a victim in a domestic violence case, can I be punished for refusing to appear or testify in court?

I do not want to testify or help aide in the conviction of my intimate partner in an ongoing domestic violence case. If I’m subpoenaed and I refuse to show up to court and testify what legal action and punishment could I face?

Brian Boeheim
Brian Boeheim answered on Sep 6, 2020

If you are subpoena'ed you should show up at court. The subpoena literally is a court order for you to show up. Now whether you have to testify is another thing altogether. There is a statute in Oklahoma that prevents the DA's office from prosecuting a victim. So, they cannot... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can my mother press charges on someone who used her car ran from police and broke her TRANSMISSION.

My mother got her car from impound and the transmission casing is busted up.

Now she has no car and no more cash the person is in jail on warrants but she broke my mom's car.

Can she file charges against her for breaking the car?

Brian Boeheim
Brian Boeheim answered on Sep 3, 2020

Have your mother call the DA's office int he county where her car was stolen and the suspect is in jail. Tell them how much it would cost to fix, or what the vehicle was worth before the transmission was destroyed. The DA's office should include in their charges restitution, which they... Read more »

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