Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brian Boeheim
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.

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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 »

1 Answer | Asked in Child Custody for Oklahoma on
Q: can my babys dad take my child away from me? hes not on birth cert. and he was 17 and i was 12 when got me pregnant

and he does provide for baby but does not get to see her offten because i have no control on when he can come see her im a minor and dont have my own place its all up to my guardian

Brian Boeheim
Brian Boeheim answered on Dec 6, 2020

This is a much more complex question than can be answered in this format. The part of the answer is that he would have to file for paternity in order to invoke any parental rights. Considering the fact that he is guilty of a crime based on your age difference and the sexual nature of your... Read more »

2 Answers | Asked in Child Support for Oklahoma on
Q: The house was paid off. It was worth 40k. I had her give me 10k. The rest was for 250.00 child support til child turned

18. We have 50/50 custody. I left state 3 mos. Later,changed job to 53k a year. Now see child every other weekend. She now wants more child support,though in notorized document she stated she would never ask more child support. Not in decree. Just notorized paper she wrote and agreed to.

Brian Boeheim
Brian Boeheim answered on Dec 6, 2020

Even though you have gone from 50/50 to weekends you still have rights to 182 overnights. So, unless you have increased your income dramatically, I would be surprised if your child support rate would change. She can ask for whatever she wants, but it will be up to the Judge if she wants to fight... Read more »

View More Answers

3 Answers | Asked in Child Support and Family Law for Oklahoma on
Q: Do you know the qualification for the lack of providing child support for the child in terminating the paternal rights?

Is it still not complying with the court ordered payments for 6 of the previous 12 months? Also is paying partial payments considered complying or not since the full amount was not received?

Brian Boeheim
Brian Boeheim answered on Dec 6, 2020

Pete nailed it. 12 of the last 14 months for adoption. The only other angle would be through a Juvenile termination for child neglect, but that would be a stretch, especially if you have made any payments at all.

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: what to expect with first offense domestic a&b charge?

My brother was arrested yesterday for domestic a&b after my sister attacked him. She pressed charges against him but he did not against her. She wont show up to court she is addicted to drugs and hardly there. What should I expect? I am very scared he is going to get prison time over this. She... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 2, 2020

If it is a first offense, it should only be a misdemeanor. That means the worst he can get is 1 year jail time. If she is not going to testify against him then most likely it will be dismissed unless he gave a statement incriminating himself or someone else witnessed the altercation and they are... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In a Criminal case in the state of Oklahoma, how many times will a judge post pone an Attorney Status Hearing?

I am trying to take out a mortgage to pay for an attorney. How much time am I legally allowed to do so before the judge puts me back in jail?

Brian Boeheim
Brian Boeheim answered on Dec 2, 2020

It very much depends on the Judge and the county. One thing you have working for you at the moment ismost of the courts are closed or closing until after the New Year due to the risk of COVID.

1 Answer | Asked in Child Custody for Oklahoma on
Q: If my ex sends me court papers, could it stop me from moving to another state....even though he’s in another state too?

.

Brian Boeheim
Brian Boeheim answered on Nov 1, 2020

There is a lot to unpack here. First, has a Paternity case been filed? If not, then he really doesn't have any rights at all. If, not he other hand, the court has determined paternity, then Oklahoma will have jurisdiction over custody and visitation. With that said, all you would need to... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: How do I file a motion to stop relocation of my children?

My husband moved my children out of state with out judges permission an mine he made it seam like it was a visit but he has moved

Brian Boeheim
Brian Boeheim answered on Oct 23, 2020

You really need to hire an attorney for this type of action. It i a breach of the child custody order and would be considered contempt. There are certain hurdles a person must jump through if they move more than 75 miles or outside the agreed distance in the decree or paternity order.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: It's not in the provisions of probation but the officer says she doesn't prefer probationers have contact with felons?!

Is she allowed to say no contact, except meetings or groups? It is not in the order signed by the Judge. *edit* we wish to get married. He is 15+ yrs clean and I have 2+yrs clean.

Brian Boeheim
Brian Boeheim answered on Oct 20, 2020

Both DA and DOC supervision have a clear restriction on being around felons. There normally is an exception for spouse, but otherwise it is a breach of probation.

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 »

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.