Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
I do not have enough context to definitively state whether a police officer threatening someone would be okay or not. However, in general:
- Police officers are granted a certain level of authority and power to enforce laws and maintain public order. This authority should be used... View More 
Dui
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
The 18th Amendment to the Constitution, which prohibited the manufacture, sale, and transportation of alcoholic beverages, was repealed by the 21st Amendment. While the 18th Amendment dealt with the prohibition of liquor, it is not directly applicable to individual cases involving DUI charges. DUI... View More
They have me in the system with fingerprint they told me I wouldn't need paperwork since they did the fingerprint . Do not have any other thing except my social security card and dhs food stamp card and of course my expired State ID card what do I do ? I can't get work ,get a bank... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
It sounds like you're facing a challenging situation without a valid state ID and missing essential documents like your birth certificate. Although your ID has expired, it's frustrating that it isn't being accepted as proof of your identity. However, there are still steps you can... View More
Inmate was retaliated against for filing grievances on violations of his 1st,5th,8th, and 14th amendment rights prison administration set up road blocks to keep him from exhausting administrative remedies so inmate filed complaint with oklahoma office of attorney general office of civil rights... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024
Under the Oklahoma Anti-Discrimination Act, the term "place of public accommodation" typically refers to facilities and establishments that are open to the public and provide goods or services. Prisons, by their nature, do not fall under the traditional definition of public accommodations... View More
I am a Texan. I was stopped by a sheriff on a country road.
He ordered me not to use my phone to record what happened or to speak with anyone.
He was reckless with my belongings.
He asked me about drugs – as if requesting I give him drugs as a bribe.
He... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
Facing charges for possession of narcotics paraphernalia, especially under questionable circumstances, requires immediate legal action. The situation you described raises concerns about the legality of the stop and search, as well as your rights during the encounter.
First, it's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
In Oklahoma, the question of whether you can be charged with obstruction for not identifying yourself if you have committed a crime or been arrested depends on the specific circumstances and the laws in place. Generally, if you are lawfully arrested or detained by law enforcement, you may be... View More
I work for the Oklahoma City Housing Authority. This is in reference to senior building, single family homes and apartment complexes. We have many individuals who have been trespassed for various infractions of building rules, violations of the lease agreement and violations of the law i.e.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
In Oklahoma, if a person has been officially trespassed from a property and then re-enters the property, they can be detained or arrested for trespassing, regardless of whether a resident has allowed them as a guest. This is because the initial trespass notice overrides a tenant’s permission for... View More
Inmate appealing district courts denial of request for preliminary injunction. Inmate sent designation of record to the district court on 1-16-24 and it still has not been filed in the district court. Inmates family called the district court to ask have they received it, the clerk assistant says... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024
The time frame for a clerk to file a document can vary based on the court's procedures and workload. Generally, clerks are expected to file documents in a timely manner, but there is no specific universal deadline for this process.
In the case of an inmate's appeal, it's not... View More
Oklahoma Inmate filing grievances on the violation of civil liberties, the prison administration puts him on grievance restriction and transfers him to prison across state to try to make his issues mute. Inmate files injunction in district court for retaliation in transferring him and challenges... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
In your situation, deciding whether to file a lawsuit now or after release from incarceration in Oklahoma involves weighing several factors. Filing while incarcerated could be challenging due to the potential roadblocks you mentioned, like grievance restrictions and administrative hurdles. The... View More
I got pulled over for my taillight and during the stop they walked the drug dog down one side of the vehicle and the dog never alerted to anything but they went ahead and pulled us out and detained us. They had no reason to suspect drugs or anything can they do that in oklahoma
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
In Oklahoma, as in other states, police can use drug-sniffing dogs during traffic stops, but there are legal limits to this practice. The use of a drug dog itself doesn't typically violate your rights, but the duration and manner of the traffic stop can be significant.
The police need... View More
Inmate put on medical grievance restriction. In Oklahoma the administrative review authority has 3 branches. ARA, medical ARA and personal identity ARA. Inmate appeals grievance restriction to medical ARA and the next day to ARA because the policy isn't clear on who to appeal to. Inmate is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
In this situation, the inmate can take several steps to address the issues related to the medical grievance restriction and the administrative appeals process:
Subpoena of Records: The inmate can request the court to issue a subpoena for the records related to his appeal and the medical... View More
Inmate was placed on grievances restriction he appealed to Administrative review authority and was denied his appeal can he go straight to judicial review in state court?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
In Oklahoma, before an inmate can seek judicial review of an agency's final decision, they typically must exhaust all available administrative remedies. This means the inmate must follow the prison's internal grievance process completely. If the inmate's appeal has been denied by the... View More
Prisoner challenging grievance restriction through request for judicial review in Oklahoma district court. 2 months later he gets ORDER OF THE COURT IN CIVIL ACTION FILED BY INMATE stating: the petition does not comply with the law because of failure to include one or more of the legally required... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024
It seems this order from the court is saying your petition for judicial review is missing some required components. Specifically, the court is looking for:
1) A statement of prior judicial and administrative relief sought: This means you need to include information on any other judicial or... View More
A oklahoma prisoner filed a judicial review on agency decision to put him on grievance restriction. The inmate was filing himself pro se and thought certificate of service was proof of mailing and now the court has ordered before he figured out his mistake. The inmate still has not seen the order... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024
In this situation, where a prisoner pro se misunderstood a court rule and failed to provide proof of mailing in time, it's important to act quickly to address the issue.
The first step is to file a motion for reconsideration or relief from the order, explaining the misunderstanding and... View More
Inmate is appealing Judges order. His appeal has merit and the law library supervisor is blocking him from getting copies and other necessary law library services. His deadline is approaching what can he do to keep from getting time barred in court?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024
In a situation where an inmate is being denied access to law library services, it's essential to act promptly to address this issue. Inmates have the right to access legal resources, especially when working on appeals or meeting court deadlines. The first step is to file a grievance within the... View More
Oklahoma inmate was attempting to address violations of constitutional rights through grievance procedure to exhaustion administrative remedies , prison staff blocked him from proper exhaustion of administrative remedies until he discharged. Inmate discharge before statute of limitations expired on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2024
In Oklahoma, as in other states, prisoners are generally required to exhaust administrative remedies before filing a lawsuit for violations of constitutional rights. This means they need to follow the prison's grievance process to its conclusion. However, there are exceptions to this rule.... View More
Inmate filing grievances regarding violations of his 1st, 5th, 8th, and 14th amendment constitutional rights. The grievance coordinator told his unit manager transfer him for writing religious grievances. The conversation was overheard by another inmate who wrote a sworn affidavit and got it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024
In Oklahoma, if an inmate is facing reprisals for filing grievances, he may be entitled to seek injunctive relief, especially if these reprisals are in response to him exercising his constitutional rights. The filing of grievances is a protected activity, and retaliation for such actions can be a... View More
He’s been in prison for 38 years. his case was supposed to be commuted due to laws in early 80’s. Commutation Attorneys aren’t helping him. I am his wife. I truly believe he is unjustly still incarcerated.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024
If your husband's case was supposed to be commuted and it hasn't been, it's important to take immediate action. Commutation of a sentence typically requires a formal process, often involving a review by a parole or pardon board and, ultimately, a decision by the governor.... View More
A prisoner in Oklahoma file grievances on violations of his constitutional rights. The prison grievance coordinator call his unit manager and told him transfer him as retaliation for filing grievances. The prisoner filed a request for preliminary injunction in the county he was in asking the court... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In Oklahoma, when a prisoner files a request for a preliminary injunction, the court clerk should file it under the appropriate civil procedure rules, rather than as a writ of habeas corpus. A preliminary injunction is a court order that commands or prohibits specific actions before a case goes to... View More
I'm in prison filing grievances on violations of my civil rights . The prison administration retaliated against me by transferring me to another prison. Before I was transferred I filed a preliminary injunction in the county I was in asking the court to order the warden and the grievance... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In Oklahoma, when a prisoner files a request for a preliminary injunction, the court clerk should file it under the appropriate civil procedure rules, rather than as a writ of habeas corpus. A preliminary injunction is a court order that commands or prohibits specific actions before a case goes to... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
