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Questions Answered by Charles Watts
2 Answers | Asked in Constitutional Law and Traffic Tickets for Oklahoma on
Q: How to sue for 4th Amendment violation in Oklahoma?

I was pulled over in Mount Park, Oklahoma, for having people ride in the back of my truck inside the truck bed. I believe the officer violated my Fourth Amendment rights as, from my research, it's not illegal in Oklahoma to have people ride in a truck bed. Additionally, I was issued a ticket,... View More

Charles Watts
Charles Watts
answered on Apr 7, 2025

4th amendment protects from unwarranted searches and seizures. From initial observations, Mountain Park has a municipal ordinance prohibiting this, that is why you did not see it in the Oklahoma Statutes. Furthermore, if the passengers were minors who were not "secured" properly, they... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Week-on, week-off custody without court order, ex trying to enforce child support payments. No income change.

I have been doing week-on, week-off custody with my kids for the last 3 years without any formal court order and no child support payments. However, my ex-partner is now trying to make me pay child support. What are my options or obligations in this situation, considering there has been no change... View More

Charles Watts
Charles Watts
answered on Apr 7, 2025

Get formal paperwork put in place. There will be a Child Support Calculation worksheet put together for you but it will take into account overnights, childcare (if any), Health Insurance (if any), other children in the home (not part of the case), alimony being paid out, etc... Your best bet is to... View More

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2 Answers | Asked in Divorce, Legal Malpractice and Family Law for Oklahoma on
Q: Lawyer unresponsive in divorce case; not providing files

I've been dealing with my lawyer for two years regarding my divorce case. She hasn't contacted me in over a month, even after I sent a certified letter, and she isn't providing any of my information on file. I've tried reaching out via email and text. I'm particularly... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

You can hire a new attorney to file an entry on your behalf and they will be able to get all the information from the opposing counsel or from the court. Alternatively, you can file a termination of attorney with the court and then you can represent yourself pro se and the opposing counsel can... View More

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2 Answers | Asked in Car Accidents, Legal Malpractice, Personal Injury and Insurance Bad Faith for Oklahoma on
Q: Lack of lawyer communication after rear-ended by drunk driver in OK

I was rear-ended by a drunk driver while my special needs son was in the vehicle with me. I've requested all correspondence between my lawyer and the insurance company due to a lack of communication from my lawyer. I disagree with the final offer from the insurance company. Despite my requests... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

Sorry for your inconvenience during this time. First thing is if you are dissatisfied with the lawyer you currently have, then you are well within your rights to terminate their representation and hire a new lawyer. The new lawyer should be able to get the information from the original lawyer.... View More

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2 Answers | Asked in Business Law, Real Estate Law and Contracts for Oklahoma on
Q: Can I list a property after the previous agent acknowledged cancellation via text, without signing a referral fee with the original broker?

I am a real estate agent, and a seller contacted me to list their property after firing their previous agent via text message, which the agent acknowledged, also via text, by removing the listing from MLS and discussing excluding a specific buyer. The original broker now wants me to sign a referral... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

In most instances, the original listing agent has a clause in their contract granting them a fee if the house is sold within a certain time frame. The removal of the listing itself is not a definitive withdrawal of representation. The seller needs to get a complete written release from the... View More

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2 Answers | Asked in Probate for Oklahoma on
Q: Do children of a deceased sibling inherit their parent's portion of an estate in Oklahoma?

I want to know if the children from a deceased sibling will inherit their parent's portion of an estate when a decedent died intestate without a spouse, children, or parents. The decedent had seven siblings, six are living, and one is deceased. There are no existing wills or legal documents... View More

Charles Watts
Charles Watts
answered on Apr 1, 2025

The rule of intestacy in Oklahoma has specific rules. The first person on the list is the spouse of the deceased, and then any children (even adopted OUT children receive) of the deceased, or heirs of those classes (so grandchildren would take if the children had predeceased). Then if there is no... View More

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2 Answers | Asked in Gov & Administrative Law and Municipal Law for Oklahoma on
Q: Does Oklahoma require specific reasons for executive sessions in town meetings?

I would like to know if the reason for an executive session in town meetings in Oklahoma has to be specific? Can the reason encompass multiple options such as discussing the employment, hiring, appointment, promotion, demotion, disciplining, or resignation of any individual salaried public officer... View More

Charles Watts
Charles Watts
answered on Apr 1, 2025

Executive sessions in Oklahoma are permitted only for specific purposes, such as discussing personnel matters, legal advice, or confidential information. The purpose of an executive session is to allow for confidential discussions that may not be appropriate for public scrutiny. However, they... View More

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2 Answers | Asked in Domestic Violence, Child Custody and Family Law for Oklahoma on
Q: Does a Nevada TPO and custody carry over to Oklahoma?

I recently fled a domestic violence relationship in Oklahoma and relocated to Nevada with my children. I acquired a Temporary Protective Order (TPO) in Nevada, where I was also granted temporary custody on March 18th, 2025. I registered this order with the state of Oklahoma. There is no prior... View More

Charles Watts
Charles Watts
answered on Mar 31, 2025

The courts will have to determine jurisdiction. It sounds like you just recently moved, and the residence of the minor child would have been in Oklahoma prior to you leaving. Which then most likely, the fathers motion will be heard here, and the Nevada court will most likely transfer their case... View More

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can my friend be charged with trafficking with no drugs found on him?

Can the District Attorney charge my friend with trafficking methamphetamine if he had no drugs in his car or on his person? The drugs were found on a girl he was giving a ride to; she had them in her cavity without his knowledge. There was paraphernalia in the car, accessible to both of them, but... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

Cases like these are very fact specific. However, if he was in control of the vehicle then by default he is in control of the occupants and its contents. Therefore, yes if the quantity is sufficient to meet trafficking then yes he can be charged with that and have to defend it in court.... View More

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2 Answers | Asked in Consumer Law and Landlord - Tenant for Oklahoma on
Q: How can I retrieve my towed vehicle without upfront payment if I didn't consent to the tow?

I want to retrieve my vehicle from a tow yard, but they are demanding upfront payment, which I feel is akin to holding it for ransom as I did not consent to the tow. I have not been able to arrange billing options despite being told payment is necessary for release. What alternatives or steps can I... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

If they legally towed the vehicle (such as by order from law enforcement or by order of a private property owner/business) even though you did not consent, they have a right to be paid by the owner of the vehicle before releasing it. This ensures they get paid for doing their job legally. They can... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Can my position be eliminated due to maternity leave after 90 days through a temp agency?

I’m currently pregnant and have been working through a temp agency for over 90 days with an employer. Last week, during an in-person meeting with the HR department, I was informed that the employer will not be onboarding me as a full-time employee. The reason given was that when I leave for... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

As long as the termination is not a result of pregnancy then it would be legal. A company is not obligated by law to make a temporary position become permanent and they often do not. Hence the reason they use a temporary agency to begin with. The burden of proof would be on you to prove that was... View More

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2 Answers | Asked in Consumer Law and Lemon Law for Oklahoma on
Q: Bought Ford F150, noticed rust under vehicle. No warranty, dealership silence. Options?

I recently bought a 2019 Ford F150 from a dealership and noticed a significant amount of rust under the vehicle, including the spare tire, axle, rotors, calipers, and frame. There was no warranty, and the dealership provided no disclosure documents, though there was a Carfax report online with no... View More

Charles Watts
Charles Watts
answered on Mar 17, 2025

I understand your frustration. Rust on the underside of a vehicle, especially one that is 6 years old, could just as easily be neglect on the previous owner. If the previous owner drove in muddy conditions a lot, such as a construction company and they didn't wash the underside properly, or... View More

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2 Answers | Asked in Constitutional Law, Criminal Law, Family Law and Immigration Law for Oklahoma on
Q: Can I pursue bigamy charges if my son's father married someone else while living with me in Oklahoma, a common-law marriage state?

I live in Oklahoma, and my son's father recently married another woman, seemingly committing immigration fraud. We have been living together for several years, sharing a home and finances, and Oklahoma recognizes common-law marriage. I have evidence of our cohabitation, like shared bank... View More

Charles Watts
Charles Watts
answered on Mar 17, 2025

Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child... View More

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2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Municipal Law for Oklahoma on
Q: Are sheriff’s deputies required to give their name and badge number upon request?

The Fairview Police Department was called for a disturbance within city limits, the sheriff’s office was never dispatched or notified for assistance, yet they interjected themselves anyways. They refused to identify themselves while body cams were being used and only once a third party recorded,... View More

Charles Watts
Charles Watts
answered on Mar 13, 2025

I assume you are speaking of Major County sheriff deputies as you mentioned Fairview. A common misconception is the only law enforcement agency that has jurisdiction within city limits is the city themselves. However, this is incorrect. The City of Fairview is located inside Major County;... View More

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: the city of Tulsa has a lien on my house. my house in on muscogee creek nation land.

the city of tulsa has violate my native rights

Charles Watts
Charles Watts
answered on Feb 22, 2025

Get with your tribe, however, a lot of people want to claim McGirt changed this, however, it has been ruled and there is controlling law that it does NOT affect land ownership and therefore based on your limited facts, the city has not violated any rights to this point as it is a presumably valid... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can OK DA enhance misdemeanor DWI to felony with TX conviction over 10 years ago?

I received a DWI charge in Oklahoma, and I have a prior DWI conviction in Texas from over 10 years ago. Can the District Attorney in Oklahoma still enhance my misdemeanor DWI charge to a felony given the time lapse between the convictions? Or is the 10-year timeframe calculated from the last... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

The 10 year timeframe is calculated starting at the termination of the first conviction to the date of the commission of the new crime. For example: A person was convicted in 2015 and sentenced (and served) 5 years (putting it at 2015 as start day) but then committed a crime in December 2024, then... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: Will a charge for driving on a permit affect my son's licensing?

My 15-year-old son was caught sneaking out to see a girl and driving with only a permit. He was charged with driving on a permit. Will this prevent him from getting his license before he turns 18?

Charles Watts
Charles Watts
answered on Feb 22, 2025

The answer is 'yes it could affect things' - You need to contact an attorney in your area that specializes in traffic violations. First thing is plead 'not-guilty' -- but you need to get things in order first with an attorney, because under Oklahoma statutes for minor drivers... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Real Estate Law for Oklahoma on
Q: Family member sold my camper without permission, is it theft?

I allowed a family member to live in my camper to prevent them from being homeless. I discovered, through his wife, that he sold the camper without my permission over two weeks ago. The title is in my name, and I have not given any written or verbal permission to sell it. We have not spoken since,... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More

1 Answer | Asked in Domestic Violence, Nursing Home Abuse and Family Law for Oklahoma on
Q: How to handle nephew's threats during guardianship case in Oklahoma?

I am involved in a guardianship case for my mother, who is currently in a nursing home. My nephew, who has no legal stake in the matter, has established residence at her home. Recently, he has made serious threats, including threatening my niece and me, even pulling a knife on me while under the... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

It sounds like you need to file a VPO. Most likely you will not be able to get an exit order because it sounds as if he has stayed at your mothers house for a period of time. The rightful owner, your mother, will have to evict him from the home. You need to contact an attorney to help you with... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Threatened court action for visitation by father-in-law after wife's passing.

My father-in-law has threatened to take me to court for visitation rights with my children after my wife passed away. We were initially living with him, but after a tornado destroyed our house, he said he couldn’t help with the kids, so we moved into my mom's trailer. We are in Oklahoma.... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

In Oklahoma, 'grandparent' rights are very limited when it goes against the rights of a legal parent. Therefore, this is most likely more of a threat than it would be an actual court action, however, as in all threats of court action, you have to take these issues seriously and you should... View More

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