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Questions Answered by Brian Boeheim
2 Answers | Asked in Criminal Law for Oklahoma on
Q: My husband is facing assault n battery charges for a domestic but he never hit me n I never said he did

We fought over my purse n I fell to the ground I asked to drop charges n was told no he is facing 15 yrs in prison with 10 out how can I help him

Brian Boeheim
Brian Boeheim
answered on Oct 14, 2019

He needs a good attorney. The prosecutor either has video or a third party witness and is trying to strong arm him into a plea. Obviously, I don't have the discovery (evidence) to give you any more guidance, but make sure he doesn't give a statement to police and get him an attorney... View More

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1 Answer | Asked in Family Law, Estate Planning and Probate for Oklahoma on
Q: My father passed away with no will, but he has a wife. He had his own business, and all bank accounts were separate from

His wife. She owned her house already going into the marriage. It's only been a week but she's already talking about selling his guns and working to access his bank accounts. Do I wait for this to enter probate or should I hire a lawyer to prevent her from selling his items and... View More

Brian Boeheim
Brian Boeheim
answered on Oct 13, 2019

I would hire an attorney to file probate on your behalf to insure she doesn't liquidate personal property. The key will be who he placed as his beneficiaries on the bank accounts. If the accounts were held separate and were not co-mingled, you may have a valid claim.

If we can help,...
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1 Answer | Asked in Child Support for Oklahoma on
Q: Does the father have to pay CS if the mother let's the kids drop out of school at 15 yrs of age & dont live with her

The mother lives in a different town with boyfriend than the children. One of kids lives with us and is in school. The mother smokes pot with the 2 kids she has and let's them drink.

Brian Boeheim
Brian Boeheim
answered on Oct 12, 2019

Until there is an order modifying child support, the father is on the hook for whatever was court ordered. You need to have an attorney file a motion for modification of child support and possibly child custody based on a material and permanent change in circumstances. If you are concerned for... View More

1 Answer | Asked in Criminal Law and Education Law for Oklahoma on
Q: Is it illegal in oklahoma to deliberately report a false terroristic threat to a school against another child?
Brian Boeheim
Brian Boeheim
answered on Oct 12, 2019

Because it is a juvenile, the punishment is limited, and if it was just reported to the school and didn't involve police then the criminal statute below might not apply.

Title 21 O.S. 589(A)

It shall be unlawful to willfully, knowingly and without probable cause make a false...
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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can a person be ob a Grand jury if they are incompetant or is that a mistrail? If so is it. That person convicted free.

The Double Jeopardy law is in effect in okc ok.

Brian Boeheim
Brian Boeheim
answered on Oct 8, 2019

I am not entirely certain what you are asking, but let me take a shot at answering. A person may be found to lack capacity to stand trial. For this to happen a hearing must be held after a psychological evaluation to determine is the person understands the charges against him/her, and is able to... View More

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1 Answer | Asked in Child Support for Oklahoma on
Q: I was wondering can someone get child support on a child if said child doesnt live with them?
Brian Boeheim
Brian Boeheim
answered on Oct 7, 2019

Sadly yes. If there is a child support order in place, it must be followed until there is a motion to modify. This is why it is important to have your attorney file a motion to modify when there is a substantial and material change to living arrangements of the children.

1 Answer | Asked in Probate for Oklahoma on
Q: My aunt died this last August widow no children.

She started suffering from dementia several years ago. She left her entire estate to her caregiver.Do I have any recourse? I don't know if she had a will, if so would it be valid? Can a caregiver be a beneficiary in this instance? Thank you in advance

Sincerely, Julie Rushing

Brian Boeheim
Brian Boeheim
answered on Oct 7, 2019

More information is needed to give a full analysis, but here are a few thoughts to get you started.

The only way she could have left her estate to the caregiver would be through a will, a trust, or as a beneficiary of insurance or bank accounts. With that said, there still needed to be...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: I need a template to write this myself. Can someone help please .!!!!!
Brian Boeheim
Brian Boeheim
answered on Oct 5, 2019

I am sorry, but I am not certain what type of template you are requesting? Over and over again, I see people who attempt to file petitions themselves and not only do they spend an enormous amount of time doing it, but the stress ends up being far more than anyone should have to deal with. Also,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can the protected party be arrested for having someone arrested for violating a protection order where no crime existed?

Title 22 section 60.3(d) states if there is a pending FP FD case a judge in another county cannot include a minor child as part of the final order. The judge ordered the case transferred and consolidated in with thee FP case and set a review hearing for 3 months later. The petitioner never started... View More

Brian Boeheim
Brian Boeheim
answered on Sep 29, 2019

Yes, it is a criminal offense to attempt to gain advantage by false claims of a need for a protective order. The problem is finding an ADA with the courage to file it, or a police officer to even listen to the idea.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I have custody mom took them agreed to bring them back next day it has now been 4 years and haven't seen or heard from

them. From what I know they are still in Arkansas or oklahoma can I legally take them back. How do i legally get them back or atleast be in their life.

Brian Boeheim
Brian Boeheim
answered on Sep 27, 2019

If you have custody, you can always file a writ of habeas or writ of assistance. There is a specific way to do that for out of State writs. With that said, there may be a challenge since it has been 4 years.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma Is it a violation of Emergency order of protection

In Oklahoma is it a violation of an Emergency Order of Protection that says I can not contact my ex wife to send my Mom to pick up my kids for my court ordered Visitation

Brian Boeheim
Brian Boeheim
answered on Sep 26, 2019

Unless the protective order specifically states an exception for communication it is a violation. Any contact is a violation otherwise. The violation is not about the kids, but instead is about the communication. There are specific parenting apps, which are normally recognized by the courts as... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: My sister in law was on drugs and dhs took the baby. Now my sister in law is clean, but her boyfriend isnt. She is

Clean 100% and she passed her tests. Also she is pregnant.. horrible situation turned worse. We want to help her and she is coming to live with us. Us being my husband and i, he is her brother.. She is due next month. Dhs wants to take this baby too... because her boyfriend is still on durgs. But... View More

Brian Boeheim
Brian Boeheim
answered on Sep 26, 2019

DHS is a funny agency in that it sometimes all depends not the case worker you have. There is a big difference between having your child removed based on a deprived action and having your parental rights terminated. If she is working a plan after a deprived adjudication or waiver, then it makes... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: I need help on I guess filing a motion for a new trial or reconsider motion are filing an appeal for a misdemeanor petty

If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider

Brian Boeheim
Brian Boeheim
answered on Sep 22, 2019

What county was this in, or was it a municipal case?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Guess my name is Megan Fifield and I am looking for an attorney that does pro bono if not based off your income

I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz... View More

Brian Boeheim
Brian Boeheim
answered on Sep 22, 2019

What County was this in, or was this a municipal case?

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is there any way to find out if someone has a federal warrant for their arrest
Brian Boeheim
Brian Boeheim
answered on Sep 22, 2019

Call the federal clerk of the court within your district. Inquire with the clerk about current federal warrants, and give the clerk your first name, last name, date of birth and Social Security number. If you are not comfortable contacting the federal clerk yourself, have a friend or relative call... View More

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