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Questions Answered by Brian Boeheim
1 Answer | Asked in Criminal Law for Oklahoma on
Q: if detectives, law enforcement have to take oath of office then how does the legal system allow them to lie?

ive just been about criminal cases online and a few say the law allows law enforcement to lie

Brian Boeheim
Brian Boeheim
answered on Feb 18, 2020

The oath is not about truthfulness, but instead to fulfill their duties as law enforcement and to protect the public. The courts have decided that lying is a part of their job. Yes, upside down logic. Do as I say, not as I do.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My girl got stoped with my digitalbscale in her car she is in drug court what can i do to fix this because its my fault

The detective gave her a week to do a controlled buy or she gets charged

Brian Boeheim
Brian Boeheim
answered on Feb 17, 2020

It is not illegal to have a digital scale, even if you are in drug court. Having her do a controlled buy is out of line in my opinion for what at best is a misdemeanor, and most likely not a crime at all. The caveat is if the scales had residue that presumptively tested positive. Still, I would... View More

2 Answers | Asked in Divorce for Oklahoma on
Q: filing for uncontested divorce online in OK, no kids/ assets to split. What all would the packet include/ legal this way

I just am, wondering if its legal to get the papers this way or if there is an easier/ cheaper way. Also I do not know what this will include

Brian Boeheim
Brian Boeheim
answered on Feb 17, 2020

I agree with Pete. There are just too many variables that can cause you heartache later. Many reputable attorneys will help you with an uncontested divorce for a very reasonable price.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I want to file Adultery charges on my wife. That Told me she was leaving me on our anniversary then two days later

Later on Friday she said she was moving out on Monday and I said way wait. So she and our youngest son moved in with another man

Brian Boeheim
Brian Boeheim
answered on Feb 16, 2020

Adultery is a crime in Oklahoma, 21 OK Stat § 21-871. It is a felony, but the reality is you will have a hard time finding a DA who will actually file those charges. In my opinion, your better course of action is to file for divorce and then fight for custody, especially since the courts tend to... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Can I terminate my child’s father parental rights ?

I filed divorce decree When we lived in another state and got a default sole custody in 2012 (child was less than year old) , we’ve been living in Oklahoma since 2014. Father has never contacted or had anything to do with child since before filed divorce. My child is now 8 yrs old and doesn’t... View More

Brian Boeheim
Brian Boeheim
answered on Feb 17, 2020

I agree with Pete, the only way an individual can attempt to terminate a parent’s rights, is through an adoption without consent. Other than that, DHS or the State would need to begin a termination proceeding.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: So are they or are they not trying to cut down on overcrowding by simplifying the possession charges?
Brian Boeheim
Brian Boeheim
answered on Feb 15, 2020

That is a highly charged political question. I guess it depends on the county. What I have seen in Tulsa County is a far greater number of Possession with Intent charges. Although they are no longer sending people to prison for a small bag of anything, they are doing everything in their power to... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: My husband was charged with domestic assault and battery in the presence of a minor, i am the “victim”...

My husband and I are in the process of moving out of Oklahoma to a different state for work. This is a very stressful time for my family. My husband and I got into a argument about him finding work down here so we didn’t have to move. I said some mean things about his work ethic out of anger and... View More

Brian Boeheim
Brian Boeheim
answered on Feb 15, 2020

If no one else was there to witness this altercation, and you weren't in the midst of the emotion of the moment on the 911 call, then it all hinges on whether you are going to testify against him. You can call the victim's advocate and the ADA handling your case for the DA's office... View More

1 Answer | Asked in Child Support for Oklahoma on
Q: I gave up my pernal right to my kids and cleaven country is still trying to get child support from me
Brian Boeheim
Brian Boeheim
answered on Feb 15, 2020

Giving up your parental rights or having them terminated by the court does not remove your obligation to provide child support. That only changes if the child is adopted.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can legal action be taken if an injunction is violated by the filer? Can they be violated?

The spouse that filed for divorce separated the auto insurances on all vehicles, and had the rental lease changed to omit the other spouse.

In addition, a motorcycle was given to the non-filing spouse when their father died. The motorcycle is registered under both parties for tagging... View More

Brian Boeheim
Brian Boeheim
answered on Feb 12, 2020

Neither party is allowed to sell, transfer, destroy, or allow to devalue items that could be considered marital property. The short answer is to have your attorney file a motion to compel the other party to cease these activities and return the the insurance and motorcycle to the way it was before... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son got a ticket for driving while license is revolked. My son has Not had a license or permit. Getting this, the

State filed an application to revolk on a previous deffered drug charge. He has filled for CT appointed attry, 5 times and had been denied. He simply can not come in with the 2k the attorneys wants. His sentencing is next week without an attorney..!!!! How can this happen?

Brian Boeheim
Brian Boeheim
answered on Feb 12, 2020

If this is in Tulsa County or one of the surrounding counties, Call us at 918-884-7791 Boeheim Freeman Law and depending on the details, we will most likely handle it for less and we can work out a payment plan.

1 Answer | Asked in Domestic Violence and Divorce for Oklahoma on
Q: Protective order violation?

If the person the protective order was filed against is in a building and the person that filed the PO parks right behind that other persons car and tries to come in, is that a violation?

Employees at the building had to tell the filer that they couldn’t come in. The filer is VERY aware... View More

Brian Boeheim
Brian Boeheim
answered on Feb 12, 2020

The person who files a protective order cannot violate the protective order. The rule of thumb is the person who has the protective order filed against them must leave the premises if the person who was granted the protective order enters. With that said, if you have reasonable evidence that the... View More

1 Answer | Asked in Criminal Law, Education Law and Gov & Administrative Law for Oklahoma on
Q: Can school administrators suspend students from school just from suspicion of drug use?

If a student is called into the principal’s office under suspicion of drug use, can they suspend them, even if there’s no evidence and no proof of possession of drugs?

Brian Boeheim
Brian Boeheim
answered on Feb 11, 2020

It would depend on the code of conduct, or the administrative rules within your school. It is not a criminal action less they intend to charge your child with public intoxication. Without some type direct evidence, I would be troubled by their conclusion, but there may be no recourse without... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Yes I live in Oklahoma the legal age of consent here is 16

Yes I love in Oklahoma the legal age of consent here is 16 and I'm with a guy ten years older than me my mom approves completely but I was wanting to know could the state still press charges on my mother or boyfreind since I'm the age of consent

Brian Boeheim
Brian Boeheim
answered on Feb 11, 2020

Not as long as he is not in any form a guardian or custodian approved by your mother.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I choose to represent myself defending misdemeanor charges, can I file a motion to dismiss?

I want the charges dismissed bcuz I can prove the arresting officer did not have probable cause to pull me over

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

You can always defend yourself and file motions, as long as you are found competent and knowledgable to do so. I would advise you don't do it by yourself. There are way too many tiger traps that you can inadvertently fall into. If you need help, call us at 918-884-7791 Boeheim Freeman Law.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can you be charged more in court cost than the original fine
Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

I hate to say it, but yes. There is an option for relief. You can ask the court to review your costs and fines and depending on your financial situation you can be given relief by the court. Supreme Court Justice Ginsberg made a big deal out of overly punitive court costs and fines being an... View More

1 Answer | Asked in Child Support for Oklahoma on
Q: Never married, had a kid and we broke up. Will the state of Oklahoma make him pay child support without me filing for iT

He feels like he doesn’t have to pay because he has the child every 2 weeks.

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

There are two things that will bring child support into play. The first is whether a paternity case is filed. The other issue is if the child is being provided State services such as SoonerCare. There are a lot of reasons Paternity should be established and a set visitation and child support... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Does title 22 O.S. section 234 allow DA assigned to a misdemeanor case discretion to refile as a felony?

Wonder if a prosecutor misrepresented facts responding to my complaint to the OBA. It was a 1st offense for violating a protection order. Prosecutor claims that title 22 O.S. sect 234 gives her the descretion to refile as a felony. But from what I read it only allows a felony to be amended to a... View More

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

The DA cannot file a VPO first offense as a felony unless there are other charges added. You are correct 22 O.S. 234 provides what I would call a relief valve for special circumstances where a non-violent crime, which is a felony, may be amended down to a misdemeanor in the interest of justice.... View More

1 Answer | Asked in Adoption, Child Custody and Child Support for Oklahoma on
Q: Is there a way to terminate rights of a non custodial parent who pays child support through garnishment?

He has not seen the kids regularly since july 2014. He saw them once in June 2015 and once in July 2016. I have been told that because he “pays” child support even if it’s because he is garnished I can’t take his rights away. I am remarried and my husband wants to adopt them

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

What you were told is not exactly true. The statute states that a child may adopted without consent if the non-custodial parent has not provided financial support in 12 or the past 14 months ... OR ... has not made reasonable effort in the past 12 of the previous 14 months to establish or maintain... View More

1 Answer | Asked in Criminal Law and Divorce for Oklahoma on
Q: Boyfriend stole a the car we share in both names can i report it stolen

Tag is exspired insurence is about to end and i dont think he will make the payment.

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

If the vehicle is titled in both your names, it is hard to represent it as stolen since he has a valid claim of ownership. I don't think you have a way through police or the DA's Office to get the vehicle back. The only thing that comes to mind is small claims court. The argument is a... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a DA drop a misdemeanor domestic abuse charge? If so what does that even drop to? Will he even be punished?

I was involved in an assault by a boyfriend where I had to jump out of the vehicle in order for him to let me go, then he got out of the vehicle dragging me, I called the cops they came out took photos etc. They took him into custody when I stated I wanted to press charges. The detective on the... View More

Brian Boeheim
Brian Boeheim
answered on Feb 4, 2020

When you file a police report, it does not automatically mean the charges will be filed. The reality is that is up to the District Attorneys office. It is a fallacy that you can press or drop charges. That is purely up to the DA. You can be willing or unwilling to testify. I don't know... View More

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