Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brian Boeheim
2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do you obtain the discovery packet without a attorney

My fiancé is wanting me to find out how to obtain a copy of his discovery packet he has no attorney Would this be something that I could do for him and if so what steps do I take and who do I contact if not then who would he need to contact

Brian Boeheim
Brian Boeheim answered on Aug 13, 2020

If he has been designated but he court as acting pro se, then all he needs to do is request it from he DA's office. There may be a nominal charge. If he is in custody, then he should have had a Public Defender appointed to defend him on his charges, and the Public Defender should provide him... Read more »

View More Answers

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: If someone us currently fighting a possession of marijuana with intent and child neglect charge what do they do

This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license

Brian Boeheim
Brian Boeheim answered on Aug 5, 2020

I agree with David. You need to focus first on the criminal charge. That charge can take away your liberty and your children all at once. I assume the child neglect probably stems from the Possession of MJ with intent to distribute. You need to hire someone who understands the how to defend... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How can an individual be charged with 3 counts of the same crime?

Three individuals got arrested together. All three received the same charge of 3 counts of 2nd degree burglary.

Brian Boeheim
Brian Boeheim answered on Aug 5, 2020

The question is whether the individuals entered three different dwellings or the same dwelling on three separate occasions. As Tracy said, you need to hire a good criminal defense attorney who will get your discovery (the evidence they have against you) and fight to make sure you are being charged... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: I have a few felonies I discharged from years ago in Tulsa. Being Creek Indian can I get those thrown out now?

The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... Read more »

Brian Boeheim
Brian Boeheim answered on Aug 5, 2020

The real key is how long ago the alleged crime occurred. The Statute of Limitation for most State charges is 3 years and the Statute of Limitations on most Federal cases is 5 years. If you are outside those windows, then by all means you should have an attorney look into filing a McGirt/Murphy... Read more »

View More Answers

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Oklahoma on
Q: How likely would someone in OK with a pending resisting/public intox charge be taken off monitored child visitations?

My ex and I entered into a temporary visitation agreement. He has is currently supposed to be monitored by his mother to see the kids, but is asking to have the monitored visits lifted. He and his live in girlfriend both were recently arrested for public intox and he was arrested for resisting... Read more »

Brian Boeheim
Brian Boeheim answered on Aug 2, 2020

The public intoxication charge is the real issue. It shows that he is not capable of controlling his addiction. Having him kept on monitored visitation seems reasonable. I would even suggest supervised visitation might be in order. I think an example of greater self control would be needed... Read more »

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My wife and I split up after i caught her cheating. If I take her to Court to help pay our kids bills could i lose kid?

After I caught my wife cheating we felt it best she move, we split custody 50/50 haven't gotten a "proper" divorce decree, she did not want to take that route. I have always paid 100% of the child care and my daughters insurance on top 100% of our mortgage and home ins. (etc),... Read more »

Brian Boeheim
Brian Boeheim answered on Jul 31, 2020

It is a complex question with a complex answer. It appears as if you have financially supported everyone for a period of time. It also appears that you wife no longer needs you complete financial support. Need is a primary issue when looking at spousal support. Regarding the child support; it... Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: I have sole custody, can my ex decide he & his mom are going to watch the kids while I work to save on childcare costs?

My ex husband has informed me that he cannot afford to pay his portion for after school care so he or his mom will be picking up the kids from school and watching them. In our decree he only has visitation 2 days a week after school and he has to pay 60% of childcare costs. He said because there... Read more »

Brian Boeheim
Brian Boeheim answered on Jul 31, 2020

This is a simple and complex answer at the same time. The court order is what must be enforced. If you are the sole legal custodian, then what you say goes. Plus it looks like it is written right in the order, so it really can't be unilaterally changed by him. On the other hand, if he... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Criminal Law for Oklahoma on
Q: Can the police make you give your dog back to your ex-girlfriend because she claims you stole it
Brian Boeheim
Brian Boeheim answered on Jul 29, 2020

A dog is still considered personal property. A sales receipt or registration with your name on it would go a long was to you being able to show an officer you have possessory interest.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I live in Oklahoma, can i file a motion to dismiss for lack of jurisdiction in a criminal case? If so how is it done?

A plead of not guilty at arraignment. Second court case is today. I'm representing myself.

Brian Boeheim
Brian Boeheim answered on Jul 27, 2020

If you are referring to being an Indian from one of the federally recognized tribes, and the crime occurred on Indian Territory; then you need to file a motion that is very specific to those issues. I would not do this yourself. It should not be expensive, but hire wisely.

View More Answers

2 Answers | Asked in Family Law and Child Support for Oklahoma on
Q: Do I have to legally pay child support after my child graduates high school? She turn 18 in January and graduate in may

My daughter is in Oklahoma I live in Texas. We were never through the courts we handled it ourselves I have records of all transactions

Brian Boeheim
Brian Boeheim answered on Jul 23, 2020

Once they turn 18 and have graduated high school you should no longer pay child support. If there was never a court order fro child support, then you can just stop paying, but make sure you have and keep all your records in case there is an attempt by your ex to reach back.

View More Answers

1 Answer | Asked in Child Support for Oklahoma on
Q: Can you still file for back child support even after the child has legally been adopted by a stepparent in Oklahoma?
Brian Boeheim
Brian Boeheim answered on Jul 21, 2020

If the child support was ordered by the court and the parent owed it, then it is still owed.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What law is broken when a defendant fails to adhear to the conditionds of their bond?

In a domesric a and b defendant makes bail but as a condition he is to have no contact with victim . but does anyway until she files a PO that he violates then bonds out on violation. With same bond conditions . and disregards them.

Brian Boeheim
Brian Boeheim answered on Jul 21, 2020

If the Defendant fails to follow the court's ordered conditions of bond, then the Judge may increase the bond, or place the defendant in jail held without bond until the case is completed.

2 Answers | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Can a person be charged with knowingly CONCEALING stolen property.. If the item was not REPORTED stolen till 3mo later?

A 4wheeler I bought from someone got taken from my yard along with a gun that was stored in it.

I REPORTED it stolen a bail bonds called and said he has the 4wheeler and the person who took it.

It was impounded I paid 400 to get it out.

Then 2 mo later someone brought title... Read more »

Brian Boeheim
Brian Boeheim answered on Jul 17, 2020

I can't wait to see the police report and interviews on this one. Particularly, I want them to explain how the vehicle was released from impound to you, if you weren't the bonafide owner. Sounds like a great case to fight. If you are in Tulsa or surrounding counties give me a call.

View More Answers

2 Answers | Asked in Child Support for Oklahoma on
Q: a girl slept with 3 other guys while sleeping with me, she got pregnant am i required to take a dna test
Brian Boeheim
Brian Boeheim answered on Jul 15, 2020

If there is a paternity case, then most probably good idea unless someone else is stepping up as the father.

View More Answers

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How can a repeat offender get a drug and mental health rehabilitation program instead of incarceration?
Brian Boeheim
Brian Boeheim answered on Jul 15, 2020

As long as you do not have a violent offense or gun charges, it is possible to get help. Several programs will take people. The key is convincing the DA. The other possibility is community sentencing has a new program which is even taking some violent offenders.

2 Answers | Asked in Child Support for Oklahoma on
Q: My 3 kids turned 18 and have graduated from high school, how do I cease child support taken from my pay?
Brian Boeheim
Brian Boeheim answered on Jul 10, 2020

Yes, Pete is right, get an attorney right away and file a motion for termination child support and to terminate wage assignment.

View More Answers

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: Does a P.O. cover the plaintiffs children?

My granddaughter has a P.O. against her ex boyfriend for domestic violence. They have twins together. She wants to enroll them in school. The school insist that the fathers name has to be on the list of who can pick them up.

Brian Boeheim
Brian Boeheim answered on Jul 10, 2020

The protective order needs to specifically state he is to say away from them too.

View More Answers

3 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Do u have to have a lawyer for your 2nd court date
Brian Boeheim
Brian Boeheim answered on Jul 8, 2020

As the other gentlemen said, it is on a case by case basis and depends strongly on the tolerance level of the judge. I am a firm believer in hiring an attorney sooner than later. Evidence gets stale, alibi witnesses disappear, and speed usually works in your favor. An attorney who can move your... Read more »

View More Answers

1 Answer | Asked in Domestic Violence and Civil Litigation for Oklahoma on
Q: My mom was given a vacat order by her sinificant other of 20 years plus. He continues to stay in the house with her. He

He is rude and goes to his girlfriends then comes in and gets in bed with her. She has been sick and her immune is low. Mccurtain county has had 500 caronivirus in the last 2 weeks. They 5 the in the state now by county. Can he not be told to stay away till we can move her. We still have 24 days

Brian Boeheim
Brian Boeheim answered on Jul 6, 2020

I am confused on what the relationship is between your Mom and this guy. I would like to look at the order to vacate, seems funny to me. Seems like she either would have to get out immediately as a trespasser, or she has some possessory rights? I don't think an eviction should stand based... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: What does my brother have to do to keep his son

He had restraining orders against his ex wife and her family bc she chose her man over her son and she lives with her family who lets their son live with them even tho he threatened them more than once and he touched my brother son and her got a judge to drop the restraining orders

Brian Boeheim
Brian Boeheim answered on Jul 6, 2020

Along the lines of Pete's answer...it is unclear what court orders if any exist. Also, the age the the child may have some effect on things. If the child can communicate and confirm any of the things you have mentioned, then a gradian ad litem would be helpful to make the court aware of what... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.