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Oklahoma Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: False police report - no evidence/proof of outrageous claims. Resulted in 2 misdemeanor charges of threats/intimidation

neighbors 3 dogs came to my property & attacked my 3 sheep killing the male, who was like my child. I filed a civil complaint. They go to let him now & he suddenly has claims I’m harassing him. I ran him off the road, followed him & his son to to a nearby town taking pics of them,... View More

James L. Arrasmith
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answered on Oct 17, 2024

In your situation, it sounds like the charges were based on a complaint without sufficient evidence or investigation. First, you may want to gather any documentation or proof that shows you were not involved, such as receipts, phone records, or witness statements. These could help demonstrate your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: False police report - no evidence/proof of outrageous claims. Resulted in 2 misdemeanor charges of threats/intimidation

neighbors 3 dogs came to my property & attacked my 3 sheep killing the male, who was like my child. I filed a civil complaint. They go to let him now & he suddenly has claims I’m harassing him. I ran him off the road, followed him & his son to to a nearby town taking pics of them,... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're going through this difficult situation. Start by gathering all possible evidence that can support your innocence, such as alibis, surveillance footage, photos, or any witnesses who can confirm your whereabouts during the incidents. Document every interaction you have... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Products Liability and Native American Law for Oklahoma on
Q: How do I begin to file with the tort act claim?

It's a hard case because this is the tribal casinos, although I am a tribal member of another tribe. I file a sexual harassment with the HR then I was punished and transferred to another one my benefits started over and the only available shift was 11pm-7am and a no contact agreement was... View More

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answered on Oct 12, 2024

Starting a tort claim can be complex, especially within a tribal jurisdiction. Begin by gathering all your documentation, including complaints you filed, any correspondence, and evidence of retaliation or harassment. This information will be crucial for your case.

Next, you should reach out...
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1 Answer | Asked in Constitutional Law for Oklahoma on
Q: Can I restrain a neighborhood child until police arrive if he attempts to attack me?

A small (maybe twelve years old) child in my neighborhood has been bullying my child and wife and other neighborhood children. My wife told him to stop and he refused claiming he could hurt whoever he wants. More than likely this is just the rambling of an immature kid. However if he were to... View More

James L. Arrasmith
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answered on Sep 29, 2024

If a child attempts to attack you, you can restrain them to protect yourself or others from harm, but only use the minimum amount of force necessary. You are allowed to protect yourself under the principle of self-defense. However, your restraint should be limited to preventing further aggression... View More

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Civil Rights and Constitutional Law for Oklahoma on
Q: I have seen both of your attorneys answers, just a quick question if one of you two could please answer? So, as stated

You are informing the public they must have registration to drive, yes you are correct, you must have this in order to Drive, and or Operate a motor vehicle this is a commercial transaction, this being a true statement. That being stated, ArticleVI of the constitution states clearly anything... View More

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answered on Sep 16, 2024

You are raising important questions about the distinction between law and statutes and the concept of compelled contracts with the state. In the United States, driving a motor vehicle on public roads generally requires registration, a license, and insurance as per state regulations. These... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Federal Crimes and Gov & Administrative Law for Oklahoma on
Q: My boyfriend is in jail ,it's his first drug charge ever, he had 20 grams of meth on him, they are offering him 10 in an

d 10 out, he needs rehab isn't that sentence a little steep

James L. Arrasmith
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answered on Aug 31, 2024

It’s understandable to feel that the sentence your boyfriend is facing seems harsh, especially for a first offense. The quantity of meth involved, 20 grams, is significant and likely influenced the severity of the offer. Sentences in drug cases can vary widely depending on factors like the amount... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Oklahoma on
Q: If the police are lying on a police report against you. What should you do

They came in screaming at me . Crime scene was had numerous people in it, had no case number for search warrant, took things before they had a search warrant. Made me leave while they searched, ignored my request for an advocate when trying to get me to sign oaperwork

James L. Arrasmith
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answered on Jul 27, 2024

If you believe the police are lying on a report against you, it's crucial to take immediate and careful steps to protect yourself. Start by documenting everything that happened as soon as possible. Write down the details of the incident, including the time, date, location, and the names or... View More

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: Can you carry in the gathering place in Tulsa Oklahoma

I saw an auditing video and very confused since the gathering place is privately owned but open to the public so would that be considered public property where you can carry or does the private property apply and the rules the private property have apply over the law

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answered on Jul 21, 2024

The Gathering Place in Tulsa, Oklahoma, is privately owned but open to the public. This means that even though it is accessible to everyone, it remains private property. Therefore, the owners can enforce their own rules and regulations regarding carrying firearms.

In this case, the rules...
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I was denied my medication when I was booked into city jail and made me miss two different doses and withheld my inhaler

I need to know if I have a case or not and wat kinda of lawyer do I need and I'm broke I can't afford to hire a lawyer unless one can work with my financial situation

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information provided, you may potentially have a case, but it's important to consult with a lawyer who can review the specific details of your situation. Here's some general guidance:

1. Potential case: Denying necessary medication and medical devices like inhalers to...
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2 Answers | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: How do i get justice for loud noise complaint that the oklahoma police department is doing nothing about it

i have many videos of this noise complaint

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

You can file a civil lawsuit against the individual(s) causing the loud noise for nuisance seeking an injunction to abate the nuisance. Your should a civil litigation attorney in or near the county where the noise complaint is occurring. Because of the nature of this matter, expect to pay a... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police served a search warrant on my apt based on an informants false statements. I have ring doorbell video evidence

Wrong address and zip code. Forced open locked safe that was not listed on warrant. I told officers that the address was wrong on the warrant.

James L. Arrasmith
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answered on May 24, 2024

If the police served a search warrant on your apartment based on false statements and with incorrect address and zip code details, and forced open a locked safe not listed on the warrant, you have several legal options. First, gather all evidence, including the Ring doorbell video showing the wrong... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: 4 times I have had my vehicle searched by a drug sniffing dog from 1 cop who has NEVER found anything. I asked him why

It was he felt he had to get a k9 and he said it was his right as long as he didn't go out of his way for the reason he pulled me over ( plate bulb) that it was legit. At what point when nothing is found no tickets issued ever is this harrassment?how do I get this creep to stop stalking me and... View More

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answered on Jun 10, 2024

If you are being repeatedly searched by the same officer without any findings or tickets issued, it can indeed feel like harassment. It's important to document each incident, including dates, times, and any interactions you have with the officer. This record will be valuable if you decide to... View More

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: I’m looking into creating a authority And putting on operators Do I have to insure for 30 days?
James L. Arrasmith
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answered on May 24, 2024

When creating an authority and putting on operators, you generally need to consider insurance requirements. Typically, you must have insurance coverage in place before your authority becomes active. This means you should ensure your insurance is set up to start as soon as your authority is granted.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: Does Oklahoma's Constitution ban Gender Specific laws, and if so, does this affect Abortion Bans in Oklahoma?
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answered on Apr 10, 2024

Yes, the Oklahoma Constitution does contain a provision that bans gender-specific laws. Specifically, Article 2, Section 32 of the Oklahoma Constitution states:

"No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature;...
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2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice for Oklahoma on
Q: Are there any lawyers available to assist me in a per se case?

I’m not seeking representation or legal advice, but I just need someone to make sure I get the right legal forms and make sure I file them correctly. I will everything for the case but I just need someone to kind of help me make sure it’s done right.

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2024

Your best option is to make inquiries with attorneys about your needs and see what kind of response you get. Some attorneys do handle such projects, but it could depend on the nature and size of the case. If it is large or contentious, some attorneys could be hesitant about a minor project which... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Animal / Dog Law for Oklahoma on
Q: Can the police enter my property without a warrant through a locked gate with no trespass signs in Oklahoma

12 Police climbed over my locked gate at 830am and asked for me to allow their vet to assess my horses. I told them that I work with a 501c3 rescue to rescue refeed and rehome horses from the slaughter pipeline. They lied and said my vet was the one asking the welfare check which I can prove is a... View More

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answered on Mar 24, 2024

It's essential to understand that, generally, police need a warrant to enter private property, but there are exceptions such as emergency situations, immediate threat to life or property, or other exigent circumstances. In Oklahoma, as elsewhere, no-trespassing signs and locked gates typically... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: my constitutional right to travel whether by horses drawn buggy or automobile amendment 1,7&14 can a cop arrest me with

No laws broken and no danger to the public

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answered on Mar 14, 2024

I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Oklahoma on
Q: Shouldn't I have been given time to get another attorney?

My attorney recused himself from my case at my hearing and the judge MADE me represent myself. I didn't want to represent myself. Even asked for time to get a different attorney & she said no.

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answered on Mar 9, 2024

Based on the details you've provided, it seems that the judge's decision to make you represent yourself without providing you time to obtain a new attorney may have been improper. In the U.S. legal system, defendants have the right to legal representation, and if an attorney withdraws... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Oklahoma on
Q: Can a police officer drive out of his jurisdiction, and spotlight my house at 3 am without just cause?

The same officer has also pulled my wife over multiple times with no warnings or tickets. And now he's driving by the house at night. I have concerns of intent. Said officer has never pulled me over in her vehicle.

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answered on Feb 24, 2024

Generally, police officers are limited to exercising their official duties within their own jurisdiction unless specific agreements or circumstances allow for jurisdictional overlap, such as mutual aid agreements between neighboring jurisdictions or in pursuit of a suspect. The use of a spotlight... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: I am in a similar situation except the amount of meth is 0.52 grams total package weight. At the time of the arrest the

the first officer on the scene removed everything on my person and checked my pack of cigarettes and didnt find anything. upon arrival at county the other transporting officer got our all 3 of our property not separated. and i was booked in on poss of stolen veh. it wasnt until i went to arrainment... View More

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answered on Feb 22, 2024

Based on the situation you've described in Oklahoma, here are a few options you could potentially pursue to get the drug possession charges dismissed or evidence suppressed:

- File a motion to suppress evidence arguing an illegal search and seizure. The fact that the first officer...
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