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Questions Answered by Brian Boeheim
1 Answer | Asked in Criminal Law for Oklahoma on
Q: What's the chances of a poss w/ Intent sticking when the amount of CDs is very small less then a gram
Brian Boeheim
Brian Boeheim answered on Jan 16, 2020

A very small amount in a a single baggie with no money or scales should be a clear cut Possession only charge. If there are multiple baggies, no device for consumption and money or scales there is a chance they can get it past preliminary hearing. The Possession with intent statute is one of the... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Will I have to deal with probate court?

I am an only child, my father is not married and has a will. Both our names are on the deed to his house (money still owed on his home), I am designated beneficiary on his life insurance. As well as beneficiary upon death on his bank accounts. His bank accounts are fairly large, over $100,000. I... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 15, 2020

The real issue is creditors, since you are an only child. Are you on the mortgage, then that doesn't need to be probated. The life insurance does not need to be probated. The bank accounts are a different issue. It depends. What you really want on the bank accounts is to be the person on a POD... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: I moved states away from my ex wife and kids can i file for child support and custody modification in my current state?

I moved to Oklahoma from Colorado in 2018 because i was medically discharged from the military my current agreement dosent say anything about moving and my ex is not allowing me to see my kids. I also have had a significant salary decrease and can no longer afford to pay the 860 i currently have to... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 8, 2020

You have to file where the child support order was put in place. Same for the custody modification.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: In Oklahoma if a petitioner doesn't appear in court for protective order will it be dismissed?
Brian Boeheim
Brian Boeheim answered on Jan 8, 2020

In most cases, yes. If they call ahead and have a very legitimate reason for missing, I have seen judges reschedule. If there is a criminal case pending, it may be continued to trail the criminal case.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I'm a witness in a aggrivsted assult n battery case and I gave statement of incident but after thinking on the night

I cant honestly say that I saw him hit the victim. Was very dark and impossible to see . Can I change my statement and not have b witness in case

Brian Boeheim
Brian Boeheim answered on Jan 8, 2020

To add to Mr. Willis' answer: If it gets filed by the DA, then call them and let them know that upon reflection, you didn't actually see the incident.

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1 Answer | Asked in Child Support for Oklahoma on
Q: I pay child support and my daughters mom is trying to keep her from me.

Can she get in trouble do to the new law in Oklahoma?

Brian Boeheim
Brian Boeheim answered on Jan 7, 2020

Child support and Child custody/visitation are two separate things. She cannot keep the minor child from you if their is a court order or minute giving you specific visitation rights. I would file a motion to compel visitation or a motion to enforce visitation. If she still fails to provide... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Landlord - Tenant for Oklahoma on
Q: Is it illegal to enter a public storage unit that has no lock on it and the overhead door is already open halfway?

The storage facility does not have a lock on it and the gate I open 24/7 the unit has a big overhead door and it was halfway open. The lock was not on the door or present. Would it be against the law for someone to enter it and take items,?

Brian Boeheim
Brian Boeheim answered on Jan 4, 2020

The simple answer is yes. It would be Burglary in the 2nd degree in Oklahoma. Even if they wanted to generous it would be breaking and entering and larceny.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69879

Title 21 O.S. 1435

2 Answers | Asked in Criminal Law for Oklahoma on
Q: My brother broke his probation my aunt pressed charges for knocking her teeth out she had her kids jump him he has hhd

right now he isn’t charged with anything but he’s a pending case & he’s about to be charged w salt & battery and breaking his probation but in his self defense he knocked her teeth out with his feet

Brian Boeheim
Brian Boeheim answered on Jan 2, 2020

Without more information it is hard to give you guidance. I would have to see the ATR his probation and the police report on his new case to give you an idea exactly how much trouble he is in. If this is in Tulsa, give us a call and we'll try to help. 918-884-7791 Boeheim Freeman Law

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1 Answer | Asked in Criminal Law and Family Law for Oklahoma on
Q: Say if I had sexual relations with a half sibling who is in their 40's would it still be illegal?
Brian Boeheim
Brian Boeheim answered on Jan 1, 2020

§21-885. Incest

Persons who, being within the degrees of consanguinity within which marriages are by the laws of the state declared incestuous and void, intermarry with each other, or commit adultery or fornication with each other, shall be guilty of a felony punishable by imprisonment in...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If non custodial parent moves out of state do they still have to rights to their summer break visitation

Custodial parent refuses to allow children to stay with non custodial parent on any breaks, because they are out of state. And when custodial parent visits IN STATE will not allow children to visit because “”girlfriend “” (not wife) has plans with them and he is working ... custody order... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 1, 2020

Based on the information you have provided: The vacations cannot be limited as long as you are willing to provide and pay for safe transportation. Depending on how the decree or paternity is written, as long as you gave proper notice of your visit in State, a judge would be hard pressed to... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: I'm trying get a new lawyer my lawyer wont help me my children are neglected abused physically an mentally.

I need help filing emergency custody trying to find a form.

Brian Boeheim
Brian Boeheim answered on Dec 30, 2019

Not sure why your attorney will not help you with this matter. Attorneys may withdraw from a case for a lot of reasons. I second the original comment, check with your current attorney and understand why they are not wanting to go forward. It is my opinion that you need an attorney to properly... Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: How do I get a divorce from someone who is a fugitive from justice when there is a minor child?
Brian Boeheim
Brian Boeheim answered on Dec 19, 2019

You can file for divorce and provide notice by publication. After the appropriate amount of time and without a response, the court will most likely give you a default divorce with sole legal and physical custody. If you would like some help getting that done, please give us a call at 918-884-7791... Read more »

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: Can a father file for joint custody just because he doesn't want to pay child support the kids are with the mother

The father only filed a motion for joint custody because he does not want to pay child support kids are with the mother full time

Brian Boeheim
Brian Boeheim answered on Dec 17, 2019

Joint custody doesn't actually have anything to do with child support. The calculation for child support is a combination of factors including overnight visits, gross monthly income, providing health insurance. Joint custody just means that the father gets to be part of the decision part of the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I'm trying to find the Oklahoma Statue on Split Sentencing and/or the rules governing split sentences.

A defendant received a split sentence. He was on the probation part of his split sentence, when he was released into another county's custody. He was sentenced in the other county and sent to prison. While at the other county, he attempted notified the original county that he needed to be... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 17, 2019

I am not sure about your question. On a split sentence, once the person is discharged from DOC on the front end they are done with that portion of the sentence. They will only have the probation on the back end to deal with. It is dealt with in the same manner as straight S/S probation.... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Oklahoma on
Q: What information do I need to obtain in order to get proof of my attorneys malpractice
Brian Boeheim
Brian Boeheim answered on Dec 14, 2019

Not sure what you are asking? If you want to see if they have malpractice insurance, then like any type of insurance, your attorney should have a policy he/she can show you.

If ont he other hand you are speaking of a failure on the attorney's part to do their job, which caused you...
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1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: if i relenquished my rights to past children can i keep my future children
Brian Boeheim
Brian Boeheim answered on Dec 14, 2019

Given we are talking about termination of rights for cause and not adoption, it is possible, but it does give the State the ability to take future children on a presumption of you are unfit. It is a more complex question than can be answered here...Boeheim Freeman Law 918-884-7791

1 Answer | Asked in Child Custody for Oklahoma on
Q: My ex will not let me see my child and filed for child support and moved her boyfriend in within 2 months of meeting

I try to call her weekly she will not answer and she's moved her boyfriend in within 2 months of meeting

Brian Boeheim
Brian Boeheim answered on Dec 12, 2019

When you say ex, what do you mean? Do you have a divorce decree? Are you just spilt? Has the Court defined you as the father? Was there a Paternity action, or was the child born out of your marriage? Do you have a custody agreement?

Those are some of the questions that need to be...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is enabling child neglect that was amended from child neglect a violent time prison felony??

My boyfriend was previously charged with child neglect and was amended to enabling neglect

Brian Boeheim
Brian Boeheim answered on Dec 11, 2019

Yes, enabling child neglect is still a violent crime under 21 O.S. 13.1 and 21 O.S. 843.5.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How to go about getting guardianship of my nephew's in Oklahoma

Both parents have been on drugs I have had both boys for over 6 months now

Brian Boeheim
Brian Boeheim answered on Dec 10, 2019

Guardianships are pretty tricky. The real question is whether they will fight the guardianship. If they have not financially supported the children and have not made efforts to visit and continue the relationship it makes it easier. Give us a call, and we can talk you through the specifics.... Read more »

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