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Questions Answered by Brian Boeheim
2 Answers | Asked in Child Custody, Divorce, Family Law and Civil Rights for Oklahoma on
Q: Pro se defense child custody case all claims evidence documents reports to support claims available to both parties?

All the evidence documents reports claims available for both parties legally should have same papers for solid for law abiding in-depth complete history with both parties to honestly in children's best interest law abiding punishment without a doubt guilty party.

Brian Boeheim
Brian Boeheim answered on Apr 8, 2020

I agree with Pete. The Pro Se party needs to follow the rules of requesting discovery through request for admissions, interrogatories, and request for documents. The other side is then required to turn documents over.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I received a five-year suspended sentence on possession with intent.

I've been on supervised DOC probation for 4 years and 3 months. I quit reporting to my probation officer about 6 months ago. There is not a warrant for my arrest. And I paid all my fines and restitution off this month. So I'm wondering, do they have to let me off probation since my fines are all... Read more »

Brian Boeheim
Brian Boeheim answered on Apr 7, 2020

Was this DA or DOC supervision? Did you have a probation officer? If so, then it was DOC. Usually, on cases like yours, they only have supervised probation for the first two years, and if there are no violations, many times the rest of the probation is unsupervised. If you have all of it paid... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: I got married in Missouri in 2010 I was 15 and she was 23. We split up due to cheating. I ended up in prison from 2014..

Till 2019. I haven't heard from her or know where to find her. Since we have been split up wo any form of contact how could I go about getting it nolled

Brian Boeheim
Brian Boeheim answered on Apr 3, 2020

I am not sure an annulment is the best choice. I would think you should petition the court for a divorce. You will have to make an attempt to contact her, which isn't as hard as you might think. The real concern is any claim a creditor might have against you for her debts.

2 Answers | Asked in Divorce for Oklahoma on
Q: Divorcing my wife in Oklahoma, am I legally required to provide her with a vehicle. Am i responsible for her health

Am i legally required to provide wife with a vehicle or transportation? Am I responsible for making sure her health issues are addressed and taken care of? In example providing transporatation to and from doctor visits, ect if we are divorcing

Brian Boeheim
Brian Boeheim answered on Mar 28, 2020

I agree with Pete. Additionally, most Courts will want you to leave her no worse off than if you weren't divorcing. Most judges would frown on you not making sure she has either the ability to get to her doctors appointments or the financial ability to uber. You definitely need to hire an... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I have my firearm confiscated under a off of "intoxicated while in possession of a firearm" am I able to get it back?
Brian Boeheim
Brian Boeheim answered on Mar 22, 2020

Unless the State of Oklahoma has filed and served you with a notice of forfeiture, they have no right to keep the firearm after the case is closed. I agree with Tracy, you should hire an attorney to defend you on the case. The attorney can then file the proper paperwork with the DA's office to... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can my roommates ex wife order me to take a drug test?

My friend is wanting to move in with me but his malicious ex wife says if he does, she can court order me to take a drug test and it would hurt my friend in the courts eyes with his child if I fail.

Brian Boeheim
Brian Boeheim answered on Mar 12, 2020

In a way, yes. Anyone who is potentially in a supervisory role of the minor children in question can be vetted. This means that if the children would be under your care, it is within the Courts power to request a drug test before you take on that role. With that said, I believe almost any judge... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: I chose to stay with the wrong parent, what do i do? im 17 years old and made this decision at 15. my household is toxic

my parents went to court for me and my little sister. unfortunately i chose to stay with my dad for the wrong reasons and he doesnt take my mental health as seriously as my mom and continues to put me in the middle & treats me like im a burden. my dad only wants me to stay so he doesnt have to pay... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 12, 2020

First, at 18 years of age you are no longer under the order of the Court, so you can live where you want. If you can't wait, then have your mother's attorney ask for a guardian-at-litem to be appointed to advise the court as to what is in your best interest. If you are in Tulsa County you can... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: can Dhs order my girlfriend to obtain a protective order because of a police report?

No physical violence took place and I was not detained I have felonies involving a domestic case from 2017

Brian Boeheim
Brian Boeheim answered on Mar 11, 2020

They cannot force, but they can sure threaten. Their argument is if she doesn't follow through, then she is endangering the children, and they can potentially take the kids away and for a deprivation hearing. If they are successful, they can put her on a plan, which most likely will involve... Read more »

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: Grandmother died almost 7 years ago, and my aunt won’t read the will.

My grandfather died in 2010, grandmother in May 2013. They left a will, that my aunt “can’t bring herself to read” and now “can’t locate”. My father, their son, passed 3 moths after my grandfather. My question is, does what was left in the will to my father go to me and my sister now?... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 11, 2020

Yes, unless otherwise stated in the will or trust, what would have been passed to your father should go to you and your sister. You should most likely file probate first for your grandfather. This will force your aunt to take some action, even it is to rely and show up at court. If there is a... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Oklahoma on
Q: Can a judge court order a couple not to see each other when they are engaged.

She is on drug court and im a convicted felon

Brian Boeheim
Brian Boeheim answered on Mar 5, 2020

Not uncommon.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My sons and another female were involved in a crime. The witness stated my two sons robbed him and female assaulted him.

The female while victim was on ground had foot on victim's neck and hit victim with a bat but was never charged questioned or asked to be identified by victim. This was presented in court but my sons went to prison.my sons have to pay restitution but the female involved has gotten no punishment... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 4, 2020

I am sorry to say there is no recourse. You have no standing to make any kind of claim. The DA has prosecutorial discretion when it comes to criminal filings. Sorry...

1 Answer | Asked in Child Custody for Oklahoma on
Q: My son's mom moved out of state with him failing to do it as set forth in the order. could I still file in court here
Brian Boeheim
Brian Boeheim answered on Mar 3, 2020

If she moved in violation to the relocation clause, that is in just about every decree and paternity order, you can file a motion to compel her to come back. If she fails, then you can file a motion for contempt. If you need help with this, we would be happy to help...Boeheim Freeman Law -... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: I was told by the person "helping" us with my father's passing that the spouse gets all the bank accounts. Is it true?

My step mom's sister in law has been "helping" us since we didnt know what to do. She's been doing sketchy stuff the whole time and when I confronted her about the bank account she said "well legally the spouse is entitled to it". Is this true or is this another one of her lies to try to get the... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 3, 2020

It depends. First, is she on the account? Is she joint on the account, or is she just a signer? Second, is their a beneficiary or Paid-on-death listed on the account? Finally, if it is not otherwise designated through the above or through a Will, then she is is most likely the person who who it... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it possible in the state of Oklahoma to get a deferred sentence ended early?

I was given a 5 year deferred sentence for embezzlement charges in 2016. I’ve paid all fines and have been on unsupervised probation since 12/2017 after only 13 months of probation. Is it possible to petition to end the deferred sentence early so the charge is off my record? I understand the... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 3, 2020

Yes, but the DA and the Judge have to agree.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: What to do when guardian abandons child, leaving child in unstable environments
Brian Boeheim
Brian Boeheim answered on Feb 29, 2020

File a motion for an emergency modification of the guardianship. If this is in Tulsa or the surrounding counties, and you need help with this please feel free to give us a call. 918-884-7791 Boeheim Freeman Law.

1 Answer | Asked in Child Support for Oklahoma on
Q: Why is the state retaining so much of my child support? Ex; paid $3,999 and state detained $1231.51

My state is OK. I dont have tanf, I do have ebt, no daycare payments, so why are they taking a piece out of every check? The amount is not even consistent, I read they took one amount $60-100 once a year, at the end of the year. What is going on? Please n thanks. Chelsea.

Brian Boeheim
Brian Boeheim answered on Feb 29, 2020

Not completely certain with looking into it more deeply, but it sounds like it might be for SoonerCare.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Who is responsible to change from felonie to misdeamenor when new law makes retroactive?

I caught a poss of cds on 02/19/2015. Have not been convicted to this day. Was put on a deferment.But everyone else's poss of cds is now misdeamenors on oscn.net and odcr.com. Mine still says felony and never been convicted. And I thought that was not suppose to be made public info. It is... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 20, 2020

The first question I would have is whether you paid all of your fines and probation fees? If you had, then it should have been dismissed and expunged from OSCN, when you showed up for court on your Deferred review date. On the other hand, if it was dismissed and expunged, that is only on OSCN.... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: if detectives, law enforcement have to take oath of office then how does the legal system allow them to lie?

ive just been about criminal cases online and a few say the law allows law enforcement to lie

Brian Boeheim
Brian Boeheim answered on Feb 18, 2020

The oath is not about truthfulness, but instead to fulfill their duties as law enforcement and to protect the public. The courts have decided that lying is a part of their job. Yes, upside down logic. Do as I say, not as I do.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My girl got stoped with my digitalbscale in her car she is in drug court what can i do to fix this because its my fault

The detective gave her a week to do a controlled buy or she gets charged

Brian Boeheim
Brian Boeheim answered on Feb 17, 2020

It is not illegal to have a digital scale, even if you are in drug court. Having her do a controlled buy is out of line in my opinion for what at best is a misdemeanor, and most likely not a crime at all. The caveat is if the scales had residue that presumptively tested positive. Still, I would... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: filing for uncontested divorce online in OK, no kids/ assets to split. What all would the packet include/ legal this way

I just am, wondering if its legal to get the papers this way or if there is an easier/ cheaper way. Also I do not know what this will include

Brian Boeheim
Brian Boeheim answered on Feb 17, 2020

I agree with Pete. There are just too many variables that can cause you heartache later. Many reputable attorneys will help you with an uncontested divorce for a very reasonable price.

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