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Questions Answered by Robert Donald Gifford II
1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a 16 year old female that is emancipated starts a fight with a 21 year old female will the 21 year old go to jail?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

A person always has a right to self-defense. Once the situation is under control, any "beat down" by the 21 year old must stop. Make a police report immediately to document what happened and to protect yourself.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it denial of due process?

My son was found NGRI in the same order the court ruled him to be a danger & committed him to the Dept of Mental Health. He was then given a hearing to determine if he was dangerous. So my question is can he be ruled a danger, then given a hearing afterward?

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

He will receive a periodic review to see where he is mentally and if he is considered a danger. If he begins to do better, they will lessen their determination.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can the DOC level assessment of victimless sex offenders be challenged?

someone convicted of possession of child pornography (internet) given highest level assessment

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

It can, but it takes a lot of patience, time, and a determination of whether the inmate may be treated worse for complaints later. Start with the counselor assigned to the inmate to begin the conversation. Remain professional and calm. It's a marathon.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Wyoming on
Q: How do I file a complaint of conspiracy to get a county board member to quit on a board?

Wyo stay 16-4-408 Penalty

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

You need to contact a law enforcement officer, or maybe even your state AG's Office to register a complaint. The squeaky wheel gets the attention, so if you are serious about it - then complain in writing (with documented evidence) to every agency you can (DA, AG, local law enforcement, etc.).

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happen after the 30 day and not release
Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

If you are referring to being in jail without charges being filed, you will be eventually released - but the DA could still file and have you arrested and would still have to post bond. If you have not even had a bond appearance, you must get someone (an attorney) to file something with the court... View More

1 Answer | Asked in Criminal Law and Personal Injury for Oklahoma on
Q: I'm 18, and a 15 year old keeps coming at me that she wants to fight me. Can I get charged for that?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

You always have the right of self defense - you just can't instigate it or once you have "defended" yourself - you can't keep up the fight. There is a line. You need to "make a record" and call a police officer and document what has happened. Document the day, time,... View More

1 Answer | Asked in Employment Law, Personal Injury and Military Law for Georgia on
Q: How long does a Chapter 5-17 with more than 180 days in basic training take to be complete after sending the packet off?

My packet just got sent off to BN Legal on 3-29. How long will it be before it get backs, and I have to go to RHU? My 1st SGT told me estimate two weeks or less. What is the real actual wait?

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

Two weeks would be on the quicker end of things, but 4-6 weeks is pretty normal with all of the reviews it has to go through.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the statute of limitation for paying for sex in oklahoma?

How likely is it to be pursued a year later when no incident occurred at the time?

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

Depending on if it is state or federal, you can assume five (5) years. If the investigation is on-going, then it may drag out longer.

1 Answer | Asked in Military Law for Wyoming on
Q: Can the military ignore doctors notes?

My fiance was prescribed antidepressants for her depression. Since it takes 4-6 weeks for the meds to work the doctor wrote a letter staring I needed to stay within town the next 2 drills for the army national guard, due to me being her only emotional support and when I leave it triggers her... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

The ugly answer is "yes." Just like single-parent servicemembers have to have a childcare plan to take care of kids in the event of mobilization/deployment, the same concept applies here. The best advice is to work this through your chain of command and build support from the bottom up.... View More

1 Answer | Asked in Military Law for California on
Q: For a DUI do you go to civilian court?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 31, 2017

Generally, yes. While a DUI could be the subject of an Article 15 or even a courts-martial - the military will generally defer to the civilian court system. If the DUI is off-base you will go to either the state or municipal court. If the DUI was on base, it will go to the federal court before a... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I sue if a police officer was falsifying evidence?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 25, 2017

If you can prove it with documents, witnesses and/or a confession. If it's your word against his, then it's difficult.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Someone opened my son's mail took pictures of it and sent out to others via text. They were court documents.

The police have been notified, does my son need to press charges? Or will that person just need to pay a fine and give the mail back?

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 25, 2017

You need to make both a police report with your local law enforcement AND go to the post office and request to make a report to the Postal Inspector.

1 Answer | Asked in Native American Law for Minnesota on
Q: Im half native american am i elligable for money
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 25, 2017

You need to look into what you need to do to become a member of your tribe. Every tribe is a separate sovereign, and each tribe has a variety of different benefits.

1 Answer | Asked in Tax Law and Native American Law for Oklahoma on
Q: How much power does a state have to regulate and tax and/or collect revenue from Tribal Casino's?

By tribal casino, I mean a casino on tribal lands and run by a tribal corportation.

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 25, 2017

The general rule is none, however each tribe enters into a "compact" with the state and the details of that compact govern any monies paid to state coffers.

1 Answer | Asked in Criminal Law, Federal Crimes, Gaming and White Collar Crime for New Mexico on
Q: I'm looking into starting an app for sports betting. What is the current legality and what are some loopholes?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 25, 2017

There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.

1 Answer | Asked in Military Law for California on
Q: Can I quit delayed entry program for army?

I was going to join the army reserve after I graduated from high school. I changed my mind during the DEP. I want to quit but I had done all my tests and signed contracts. Can I quit right now? What should I do?

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 25, 2017

I assume you have not received any sort of bonus yet. They will generally push you and tell you that you could be in trouble, but in 21 years of service I have never seen anyone do anything. Once you get on that bus and show up, you are on the hook. Before you decide to not show up, I would... View More

1 Answer | Asked in Animal / Dog Law, Criminal Law and Personal Injury for Oklahoma on
Q: My neighbor used weed and grass killer on a huge long strip of my backyard, i have 2 dogs, can I press charges?

He may have poisoned my dogs as well. He has threatened me and given warning by police. Ever since my husband passed he has been harassing, threatening, bullying, and even calling the police on me for no reason. Both the town and him has been taking advantage of the fact that i am disabled also,... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 25, 2017

It maybe advisable to ask to meet with a police officer to make a report just to document everything that has been happening. Next, you may want to speak to an attorney about getting a civil injunction against him, and maybe even a protective order.

1 Answer | Asked in Criminal Law on
Q: Im 18 and if a 14 year old hits hits me can I fight back without jail time?? I'm a junior and they're a freshman.

I just tired of letting this kid push my buttons without me teaching him a lesson, but I don't know if I legally can. Please help

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 24, 2017

You are allowed to defend yourself in a manner that protects you. If at any point you overtake the attacker and become the aggressor, rather than stopping and walking away, you could risk charges.

1 Answer | Asked in Divorce for Oklahoma on
Q: My ex told me we were divorced and I married my 2nd husband in Michigan, am I a bigamous? What can I do?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 24, 2017

I am assuming your first divorce was never completed. If so, you need to get formally divorced first to be lawfully married. Depending on where you are living, bigamy may require some intent and notice thus a prosecution for such is unlikely.

1 Answer | Asked in Family Law, Native American Law, Education Law and Juvenile Law for Oklahoma on
Q: Native American foster children are being homeschooled in Ponotoc county Ok. Is this legal?

Foster children are being homeschooled and church at home. Live very secluded lives.

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 24, 2017

To home school children, there must be some form of approval and review. If this is being done without any proper paperwork in place or at least in the process, the children and foster parents could be subjected to truancy laws.

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