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Questions Answered by Brian Boeheim
1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: What should i do if the local PD is protecting a guy who has done bad things to me that i can prove?

This guy has broke into my truck and shed and robbed me of tools. Stole a scooter and tow cable at a different time and admitted on text. Caught him on camera and the officer knows who it is. I showed the video to peope and everyone knows who it is but the police never even investigated... View More

Brian Boeheim
Brian Boeheim
answered on Nov 12, 2019

Obviously, we would like to have the police take this more seriously and to investigate more thoroughly, but that doesn't seem to be happening. One possibility is to go to the county sheriff instead of the city PD. Another possibility is to file a civil suit for damages and file a protective... View More

1 Answer | Asked in Probate for Oklahoma on
Q: I have an issue with a contested trust that was closed, but deeds were provisioned to it.

I have documents that show the trust was terminated in 2012.

Brian Boeheim
Brian Boeheim
answered on Nov 12, 2019

I the trust was terminated in 2012, the trustee should have transferred the real property by deed back to the grantor or to the beneficiaries depending why the trust was terminated. Not sure what the contested issue is? Sounds more like a claim for quiet title. Give us a call and we'll try... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: In Oklahoma in a domestic case can it be dismissed the same day it was filed if the defendant was incarcerated overnight
Brian Boeheim
Brian Boeheim
answered on Nov 11, 2019

A criminal case may be dismissed at any time. Normally, they won't file to just turn around and dismiss. The overnight incarceration doesn't normally have anything to do with the dismissal. There seems to be more to this question. If you would like to discuss it further, please feel... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: A parent is requested by Student.

When a student requests a parent be present before answering any questions does this effectively create a 5th Amendment protection from further questioning until the parent arrives? Schools usually respond it is their policy to question irrespective of the request, however, it would seem they are... View More

Brian Boeheim
Brian Boeheim
answered on Nov 2, 2019

By you placing your child into school you are making the the temporary guardians. This is arguable, but the best thing to do is tell your child to not speak and just keep telling the principle or teacher that they want there parent present. If a police officer shoes up, then ask for an attorney,... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: I need to research precedence for cohabitation during divorces; namely child custody.
Brian Boeheim
Brian Boeheim
answered on Nov 2, 2019

Not completely sure what question you are asking? Although it is not suggested, co-habitation of the marital residence of the divorcing couple does happen on occasion. Child custody comes in two forms: Legal custody and Physical custody.

Legal custody involves life decisions for the child...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is an Aggregate bond?
Brian Boeheim
Brian Boeheim
answered on Nov 2, 2019

When there is more than one charge on a filed case, the Court may give an aggregate bond (bond for all the charges together) instead of having a separate bond amount for each count. Although it is a simpler way for the Court to manage bonds, it can cause some problems when the Defendant's... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: The assistant d.a will not talk to me and charge stacking to obtain a charge

They are falsifying document I have on paper no civil rights no probable cause

Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

This process is complex and simple mistakes can be very costly. I would recommend an attorney that is not afraid to challenge the DA's office. Give us a call if we can help. Boeheim Freeman Law 918-884-7791

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Collections for Oklahoma on
Q: I own a used car dealership. I have a truck a man never made a payment and hasn't for 3 months now tried repo larceny?

He apparently has sold it or parted it out

Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

There is a larceny by fraud charge that may apply, but it is really more of a civil issue. If the vehicle is $10,000 or less, small claims court may be an inexpensive way to get a judgement on the person and gain access to any assets they may have. Boeheim Freeman Law... 918-884-7791

1 Answer | Asked in Child Support for Oklahoma on
Q: Would I have to continue to pay child support if I got a DNA test and found out the Child wasn’t mine?
Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

It depends n several things. If you have already been determined the father by the court or by agreement, then you may still have to pay child support. There are some exceptions to this though. One possibility is if you were defrauded into believing the child was yours. Give us a call and we... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Will possession within 2000 feet of a school more likely to stick since the laws changed to misdemeanors for amounts
Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

That was always the conner with the change of the law. The police are making an effort to stick individuals with possession with intent to share or distribute, and near schools and churches. There are some interesting arguments to this though. The prosecutors always want to argue that it is... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: A 16-year-old high school student is called to a principal's office in the presence of a police officer.

A 16 year is called (A) to the office in the presence of a police officer and questioned but the student says he does not want to discuss the matter until his parent is called; the police want to search the student for a vape-based on a rumor from another student (B) and (A), who has no prior... View More

Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

Great question, but the answer is a bit complex. The complexity comes in the form of an overriding issue of safety of the other students. Now, considering the accusation is only of a vaping product, they are standing on thin ice with the argument of public safety. Asking for the parent to be... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is there a way to get the transcripts of a court case in Oklahoma

Need to verify facts i was told

Brian Boeheim
Brian Boeheim
answered on Nov 1, 2019

The transcripts of any hearing or trial are normally public record and are available to anyone who is willing to pay for them. If you go to OSCN.net and look up the case, specifically look at the hearing or trial you are interested in, and find the name of the court reporter. Call the county... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My kids are 15 13 and 11 there is a history of abuse with the step mom I owe 30000 back child support can I get cousty

The 13 year old hates the step mom and needs to be gotten out of the home before something bad happens

Brian Boeheim
Brian Boeheim
answered on Oct 24, 2019

The back child support shouldn't have any impact. The issue really is whether there is a material change in circumstances. If the kids are having problems in school or struggling at home and they would be wiling to tell the judge that, then you have some grounds for a modification, but there... View More

1 Answer | Asked in Probate for Oklahoma on
Q: Legally married probate filed but found will written before marriage now children are cutting out stepmother in Oklahoma

Is this legal?

Brian Boeheim
Brian Boeheim
answered on Oct 24, 2019

Without more information it is hard to answer this question. Depending on the will there may be some risk, but the marriage should provide protection for the marital property and marital home. If you would like a closer look at it, please feel free to call Boeheim Freeman Law, and we can dig a... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: I own my home with my ex husband.. Our divorce decree says I have to share half of proceeds. It burned I'm rebuilding he

He won't sign the check from insurance to rebuild .. he isn't legally allowed any of my rebuilding money correct

Brian Boeheim
Brian Boeheim
answered on Oct 22, 2019

You are joint owners of the property and the home on it. Depending on how much equity is in the home, this might be a great opportunity to buy out his portion of the ownership of the home and get rid of his input altogether. if that isn't possible, then you could file a motion to compel him... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I got charged with a misdemeanor(eluding), and my charges were dropped and I was to pay court costs. Y?

Now they issued a bench warrant with a cash bond ! Y do I need to pay if

charges was dropped?

Brian Boeheim
Brian Boeheim
answered on Oct 22, 2019

If a case is dismissed by the State, they can refiles at any time until the Statute of Limitations has run. By paying the court costs it prevents them from ever refiling as it would be double jeopardy.

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2 Answers | Asked in Probate for Oklahoma on
Q: My mother sold her home to move in and take care of both of her parents who suffered from dementia as well as many othe

She was their caretaker for several years by herself before their passing 5 years ago. My mother has remained in the home as this is her residence since she gave up her own home to care for them and avoid sending them to nursing homes. Before my grandparents became ill beyond having a sound mind,... View More

Brian Boeheim
Brian Boeheim
answered on Oct 22, 2019

Her brother may have a claim, but if this has been her residence it will be nearly impossible to move her out. I agree with Nina in part. The real key is getting her brother to stop bothering her about it. The option I would take is to have her appoint you power of attorney for the limited and... View More

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: First-time petit larceny no record at all of anything
Brian Boeheim
Brian Boeheim
answered on Oct 20, 2019

I am not sure what the question is, but I will assume you are asking what punishment you may be in your case. The punishment under Title 21 O.S. 1706 is a misdemeanor with 0 to 6 months in jail and $10-$500 fine. The deal should be a Deferred Sentence probation of 6 months, or something in that... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What offenses could the people be charged with?

I have a hypothetical scenario of three people who are apart of an organization that find stolen artifacts and are tasked to retrieve those items. They had done some research and found that there were possible stolen artifacts in a museum. They informed the leader of the organization and... View More

Brian Boeheim
Brian Boeheim
answered on Oct 20, 2019

This is like a law school essay. The only possible charge might be conspiracy, but the evidence is way too thin for a conviction and even a probable cause hearing. The anonymous tip is not enough on its own without some corroborating evidence. The only way the prosecution might get there is if... View More

1 Answer | Asked in Child Support for Oklahoma on
Q: What can be done if an employer is not sending court ordered child support payments to CSS?

CSS has an active employment on file for the NCP. But the employer sends payments every other month?

Brian Boeheim
Brian Boeheim
answered on Oct 15, 2019

File a Motion to Compel the employer to pay. The judge will have a hearing and you subpoena the employer to be at the hearing. The judge will then order the employer and if they fail to follow that order then they will be held in contempt and face 6 months in jail with fines.

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