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Questions Answered by Robert Donald Gifford II
1 Answer | Asked in Landlord - Tenant and Native American Law for New Mexico on
Q: if my friend is in a Navajo Nation jail for missing a court date for housing eviction, why is his bail $1100.00?

Also, why were they only given 3 days to move out of the house when the notice was handed to them, while the notice said 5 days?

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

Without more details and this may be speculative, the bail may be based on a dollar amount that the landlord is trying to recover from past rent.

They may have been served with notice by mail, but was handed a copy later. Again, I don't have exactly enough information.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Social Security for Oklahoma on
Q: Is there any kind of question a judge or lawyer can ask you

SSA hearing

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

The questions must be relevant and related to what the court must make as a finding. Some questions are designed to ensure that there is no fraud, and also to make a record in the event there is a denial.

1 Answer | Asked in Military Law for Texas on
Q: Can tax problems from before you were in the military affect your standing in the service?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 24, 2017

Most of the "jobs" (your MOS) in the military will require some level of security clearance. You will be required to fill out the SF-86 and it will ask questions regarding financial issues. It would have to be pretty severe for it to prevent you from receiving a security clearance, but... View More

1 Answer | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Oklahoma on
Q: After ahouse has been vacant for 3 years and is in foreclosure. Can the property owner break into said house and rentit

I moved into the property without the knowledge of it being deemed vacant and in foreclosure for 3 years. I also was under the impression that I was buying the house from the owner. Come to find out he cannot profit legally from this property without notifying the secondary debt collection company... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 23, 2017

If you intend to break your lease, you must normally do so in writing and allow the landlord the opportunity to correct the problem. If it appears you may be losing your residence and have already paid the rent for that month, you may consider filing a claim in small claims court for the money... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I go about filing bigamy charges against my husband
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 23, 2017

This is an unusual charge, but I would start with a phone call to your local police department and ask to meet with someone. Explain that you wish to file a police report. I would recommend you prepare your statement in advance and provide it to the detective. Because it is not considered a... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Military Law on
Q: My military ex boyfriend hurt me and left me on a street, what's gonna happen to him if i report it?

Hello, Im an Italian girl who was in a relationship with an american soldier here in Italy. He was great at first, then as soon as he went on a rotation (no deployment ) he has changed..a lot of anger towards me for no reason..narcissistic behaviour, he did mental games to me, played with me, and a... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 22, 2017

Depending on the facts and nature of what he did to you, and it sounds like you mean it to be a physical assault of some sorts - if there is a police report, he could be charged in state court of some form of domestic abuse or assault and battery. A state conviction on a domestic abuse would... View More

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1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Libel & Slander for Oklahoma on
Q: My girlfriends paralegal mother claims to have done a background check without my consent on me. We're in Oklahoma.

She claims to have found previous address's a crimenal history report of violence on me Wich I do not have. Drug charges Wich I do not have. My mother's last maiden name. And the other two states I've lived in. She claims to know everything about me. Is that legal?

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

A "background check" can be as simple as running your name on public data bases such as the Oklahoma Supreme Court Network (OSCN). If she used a private or government database, it could cost her job.

1 Answer | Asked in Family Law, Adoption and Native American Law for Oregon on
Q: I also have another question I was adopted when I was two days old to a white family and I'm native American .

My birth mom never told anyone she was pregnant with me and gave birth with me without anyone knowing. I'm one of the oldest in five kids which are all enrolled in the yurok tribe but because my father who is enrolled in the tribe along with all my brothers and sisters. But since I was adopted... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

You will need a DNA tests of yourself and father, birth certificates, and your father's CDIB card to help get this started. You have to work this thru your tribe.

1 Answer | Asked in Divorce and Military Law for Indiana on
Q: I am currently in the USMC but my residency is Indiana. Can I file for divorce in Indiana even tho I'm stationed in NC?

We have only been married three weeks and I would like to end it now due to how controlling he is. We have nothing owned together and no children.

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

If you maintained your residency under the Servicemembers Civil Relief Act, then yes. By that, I am assuming you kept that residence for the purposes of taxes (look at your LES to see where your state taxes are going), kept an Indiana DL, and Indiana plates on your car are all indicators you... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Military Law for District of Columbia on
Q: Do you think I'll be getting chaptered?

About a month ago I was caught inderage drinking. I filled out a sworn statement, signed the counselings, everything. I was told I would be getting a Co Grade Article 15. Its still sitting at legal. Now, i just recently got caught underage drinking again mainly becuase i got in a fight and broke my... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

With your youth, relative newness to the Army, and rank - you can expect a harsh Article 15 punishment. Being chaptered is possible, but my experience has been that the Army has invested time and money in you and hopefully they see this as something that's in the past. You need to soldier on... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My woman was arrested for APC, resisting, n obstruction here in Allen ok. What is she looking at
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

If she has no criminal history and there was no violence involved, she may be eligible for a deferred sentence (probation). If she was under the influence of any drug or alcohol, her participation in a drug program immediately would be recommended.

2 Answers | Asked in Military Law for Texas on
Q: I've read that the military can sanction my husband and even sever his service for non-payment of support

- is that true?

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

If you are not receiving adequate support, put it in writing to his commander. If you do not know who his commander is, then consider contacting the base IG or the headquarters. Document everything with letters or emails. Just understand that if the servicemember is kicked out, that's less... View More

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: What can I do if someone threatened to kill me
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 25, 2017

You need to make a police report documenting it, and should consider seeking a protective order. In Oklahoma, you should do both as that the judges here look for police reports.

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