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Questions Answered by Brian Boeheim
1 Answer | Asked in Criminal Law for Oklahoma on
Q: Just found out about a charge that has already turned into a warrant, wanting advice on this before I go in.

Do not feel that I am guilty for the crime that is being used against me

Brian Boeheim
Brian Boeheim answered on Feb 9, 2021

If there is an arrest warrant out, then you need to turn yourself in. Hire an attorney first, one that is experienced and is not afraid to do hearings and go to trial. the attorney should help you line up a good bonds person, so you can hopefully just get booked in and walk out and go home. Make... Read more »

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: Is a dui a misdemeanor or felony
Brian Boeheim
Brian Boeheim answered on Feb 9, 2021

1st offense is a misdemeanor, subsequent offenses are felonies. It can also be filed as a felony if your blood alcohol was .15 or over. DUI's can have a very big negative impact and be very expensive if not handled correctly. Hire a good attorney to navigate the process.

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2 Answers | Asked in Car Accidents and Criminal Law for Oklahoma on
Q: What is a hit and run on private property ? Hitting a parked car ? Nobody in the car.
Brian Boeheim
Brian Boeheim answered on Feb 9, 2021

Hit and run can be of property, like a parked car.

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3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: What steps should we take after we've /somewhat/ agreed on a custody arrangement

We were never married and very recently split. We've decided on 50/50 and are wanting to do something like 3 days-4 days until he finds work, which we would like to switch to his days off he gets our daughter.

Brian Boeheim
Brian Boeheim answered on Feb 9, 2021

if you don't do it through the courts, you runt he risk of having no recourse if the deal breaks down. There is also the issue of child support. I would sit down with an attorney and make sure it is done right.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Ive got a misdemeanor contributing to a minor was put on probation with just fine to pay.. im a yr behind on payments

In 2019 i was charged with a misdemeanor contributing to minor for one of my daughters friends stealing at a convenience store.. i was put on a year of prpbation with a monthly fine of $40 to the district attorney and than $40 a month to the judge so total of $80 month.. ive only paid once in that... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 7, 2021

It obviously depends on the judge. Generally, there will be a bench warrant issued based not he failure to pay the DA supervision. You don't have to be taken into custody for that, you can pay the bond with the court clerk. Most times if you confess to failing your probation, they will give... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I found out I have a felony warrant.can court charge me obscorn if I've not left jurisdiction.

Am trying to hire attorney before I turn my self in.

Brian Boeheim
Brian Boeheim answered on Feb 7, 2021

Yes, definitely hire an attorney. There are multiple types of warrants. Regarding felonies, there usually two types of warrants that are used but he court. The first is an arrest warrant. This is used when a judge is shown probable cause to believe there was a crime committed and you were the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I've been subpoenaed to testify against my ex-boyfriend in a domestic abuse case

can I say that the details are foggy or I don't remember exactly what happened that night even though I have written a statement the night that it happened and not get in trouble?

Brian Boeheim
Brian Boeheim answered on Feb 4, 2021

The cannot prosecute you for not testifying. You have to show up if you are subpoenaed, but they can't force you to testify. There is literally a statute that prevents them. You can always tell them that this was a misunderstanding and you do not want to testify.

2 Answers | Asked in Divorce for Oklahoma on
Q: I cheated on my husband (2 years ago, he has known about for over a year), he is telling me that if he divorces me

That I am not entitled to half but something like 25% of the assets. Everything we own is communal property (house, cars, boat and camper), we have two minor children and we live in OK.

Brian Boeheim
Brian Boeheim answered on Feb 3, 2021

You should get an attorney and get ahead of this, so he does not move money or attempt to play games. His claim is not accurate and that makes me concerned for his intentions around your marital assets.

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My ex was granted physical and legal custody of our children. What does that mean and what are my rights?
Brian Boeheim
Brian Boeheim answered on Jan 28, 2021

Legal custody is the rights to make decisions about things like medical, religion, and school. Physical custody is that she is the primary custodian and has physical custody of the child. That does not mean you don't have rights to visitation. Did you file a Paternity action? Did you get a... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a bench warrant has been issued for Failure to Appear on a felony , can that warrant be lifted somehow?
Brian Boeheim
Brian Boeheim answered on Jan 24, 2021

I the bench warrant has a bond amount, you can get with your bondsman and go to the Court Clerk and post the bond at anytime. Usually, Failure to Appears end up with a no bond or triple the bond, so in those cases you need to get with your attorney as quickly as possible and see if they can get... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I post a cash bond will I get the money back after my court is decided
Brian Boeheim
Brian Boeheim answered on Jan 3, 2021

Yes, after your case is concluded and/or your are released from your bond, you will get the cash bond back.

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1 Answer | Asked in Divorce for Oklahoma on
Q: Default decree10/15/2020, he is in a halfway house, is he able to reopen the divorce?

Can he reopen a default decree that was given on 10/15/2020? He has been in prison 15 out of 19 years of marriage, never held a job, nor did he stay at home and take care of our 3 kids. He says he wants 1/2 of everything and 19 years of alimony.. I have sole custody of the kids. And a court order... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 30, 2020

If he is represented, the attorney must be licensed in Oklahoma in some form, even if it is a temporary licensure (pro has vice). If he was not properly served, or not given a reasonable opportunity to challenge the divorce, Especially as it comes to child custody and child support, then some... Read more »

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: Is it illegal for a judge to deny you council during a divirce?

I was denied the right to find another lawyer for our divorce. Hard to explain in a summary. But my lawyer was Haha hehehe with my ex husband's attorney when u arrived for court my lawyer pulls me aside and quits and takes everything like police reports domestic violence pictures and so... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 21, 2020

They must allow you to have an attorney, but they are not required to insure you have one.

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2 Answers | Asked in Child Custody and Child Support for Oklahoma on
Q: The father is paying child support to my wife but trying to get her to pay him and take her son she is a stay at home

She is not unfit mother she cares for all 4 the dad is a truck driver sees his son by court order and he pays for child support he is 14,000 behind now taking her to court to get her to pay child support

Brian Boeheim
Brian Boeheim answered on Dec 21, 2020

Modifications of Custody and Child Support are very complex arguments and she should hire an attorney. It sounds like she has a sound argument for maintaining the status quo, but she needs an attorney to make that clear tot the court.

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1 Answer | Asked in Consumer Law, Divorce and Banking for Oklahoma on
Q: Am I financially responsible for my ex wife’s credit card?

She called me while I was at work and asked if I wanted another credit card. I told her no as I already have 3 personal credit cards and don’t want anymore. When I got home she told me she signed up for the card but didn’t put my name down. The bank account was in my name and which she used to... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 16, 2020

It depends on a lot of things. The wording of your decree regarding debt, the timing of the purchases, and whether it is a debit or credit card. I wish I could help you more, but I would hire an attorney to help you clear it up.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I took a plea deal and got out. But I can prove I didn't commit the crime what can I do?
Brian Boeheim
Brian Boeheim answered on Dec 10, 2020

If it is within 10 days of your plea, you can file a motion to withdraw your plea. The problem is if you pled guilty versus no contest or Alford you are a bit stuck with the fact that you admitted to something you didn't do. The Court frowns on lying, even when pleading.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can my probation officer keep me from being transgender and finishing my transition?
Brian Boeheim
Brian Boeheim answered on Dec 10, 2020

The only limitations might be the drugs necessary may somehow conflict with what pops hot on a drug test, or if your transition requires you to go out of State. Without more information or specifics of what they are suggesting would be a problem, it is hard to answer your question.

1 Answer | Asked in Adoption, Child Custody, Civil Rights and Domestic Violence for Oklahoma on
Q: I live in Oklahoma and was indigent during my jury trial that was in juvenile court. My appellate attorney only provided

Me with my testimony at my second jury trial. Who do I go through to get the whole transcript for my first trial

Brian Boeheim
Brian Boeheim answered on Dec 9, 2020

The court appointed attorney should be able to get you a copy of the transcript.

2 Answers | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: How would I go about fighting dhs back. Should I get the hospital reports

Regarding the false accusations with dhs and myself

Brian Boeheim
Brian Boeheim answered on Dec 9, 2020

Once again, I agree with Pete. Hire an attorney. Anything you do may be misrepresented by DHS and potentially misinterpreted by the courts. Find a good attorney.

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1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I'm out on bond with special circumstances I have a medical marijuana card can I get in trouble for peeing hot for THC
Brian Boeheim
Brian Boeheim answered on Dec 6, 2020

It depends on the county. Some DA's and Judges are placing limitations on people and feel they can get away with it because it is still a Federal Offense. Without seeing the specific conditions of your bond, it is hard to tell. I would error on the side of not using. If you have to test... Read more »

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