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Oklahoma Constitutional Law Questions & Answers
1 Answer | Asked in Civil Litigation, Constitutional Law and Municipal Law for Oklahoma on
Q: What are the laws on using chalk on public streets for artistic purposes?
James L. Arrasmith
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answered on Dec 30, 2023

The laws regarding using chalk on public streets for artistic purposes can vary depending on the locality. In general, many places consider chalk art as a temporary, non-destructive form of expression, often likened to free speech under the First Amendment.

However, some cities or towns may...
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2 Answers | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma on
Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?
James L. Arrasmith
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answered on Dec 20, 2023

The general rule is that police cannot enter your home without a warrant if you have denied them permission. However, there are some exceptions to this rule. If the police have probable cause to believe a crime is being committed or there is an immediate threat to someone's safety, they may... View More

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1 Answer | Asked in Traffic Tickets and Constitutional Law for Oklahoma on
Q: Can a judge reopen a case after he has dismissed the charges?

Got a ticket. Pleaded not guilty. Went to court, officer did not show up. Prosecution asked Jude to dismiss my charge. Just granted. Now city is reopening case because officer stated he was on a priority call at the court time.

James L. Arrasmith
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answered on Nov 12, 2023

Under Oklahoma law, generally once a criminal case has been dismissed by a judge, even traffic charges like a ticket, the case cannot be reopened later on. Some key considerations:

- If the prosecution at trial is unable to prove their case, such as the officer not appearing, dismissal is...
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1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: What if someone that is a felon gets a gun charge from a gun that was locked in glove box of car unaware of it there

From Texas in Oklahoma and the owner claims the gun and never give them consent to search or unlock glove box

Tracy Tiernan
Tracy Tiernan
answered on Oct 22, 2023

Someone convicted of a felony is not allowed to possess a gun under his roof, in his car, or in his pocket.

The situation that you have provided raises a couple of interesting questions. The first is the legality of the search and seizure. The second is knowledge of the presence of the gun...
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2 Answers | Asked in Constitutional Law for Oklahoma on
Q: Trying to sue a county in Oklahoma for double Jeopardy
T. Augustus Claus
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answered on Oct 6, 2023

In Oklahoma, if you believe you've faced double jeopardy (being tried or punished twice for the same offense), you should gather all related documents and court records. Consult with an attorney experienced in constitutional law. Before suing a government entity, a notice of claim might be... View More

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1 Answer | Asked in Constitutional Law for Oklahoma on
Q: When does TPD have legal rights to tow a vehicle that is operable and parked on the street in front of its residence?

If a neighbor complains and calls the Mayor's Hotline, the City investigates and then makes a determination within a 2 wk. timeframe. It seems the wrong vehicle was towed. There wasn't an actual ticket, but the tow paperwork listed a different address and incorrect vehicle info. Further,... View More

James L. Arrasmith
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answered on Oct 15, 2023

Local ordinances typically govern the circumstances under which a vehicle can be towed from a public street.

In many jurisdictions, a vehicle can be towed if it's in violation of parking regulations, abandoned, inoperable, or deemed a safety hazard. If the tow was predicated on...
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1 Answer | Asked in Civil Rights, Constitutional Law, Social Security and Employment Law for Oklahoma on
Q: Is it unconstitutional to insist that old age job seekers divulge "disabilities" they might have had when younger?

Old people in America have certain Constitutional protections such as the right not to be discriminated against in job seeking, so agencies exist in every State for such purposes. But to insist on potential clients divulging "disabilities" that might not exist or might have in fact been... View More

T. Augustus Claus
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answered on Aug 14, 2023

Requiring job seekers to disclose disabilities they may have had when younger could potentially raise concerns under the Americans with Disabilities Act (ADA) and other anti-discrimination laws. The ADA prohibits discrimination based on disability, and it includes provisions related to both current... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I need a civil rights attorney in the state of Oklahoma for a district court case against a municipality.

Attorney proficient in Constitutional civil rights matters

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

An Oklahoma attorney could probably advise best, but your question remains open for a week. It's difficult for attorneys here on this site to respond with offers of their services. This forum isn't set up like an attorney referral service - it's basically brief format Q & A. If... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Libel & Slander for Oklahoma on
Q: What criteria has to be met to be considered police harassment?

There's an officer that has pulled me over numerous times without legitimate reason and twice recently has searched my vehicle to the extreme of actually taking parts of it apart. He is stopping ppl and questioning them about me and he is talking to ppl about what he thinks I'm doing. He... View More

James L. Arrasmith
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answered on Mar 2, 2023

Police harassment can be difficult to define precisely, as it can take many different forms and be based on a variety of factors. Generally speaking, police harassment occurs when a law enforcement officer engages in repeated or unjustified stops, searches, or other forms of contact that are... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Oklahoma on
Q: I wasCharged in '16 w/ felony of knowingly concealing stolen property amount of 500.00$ but it was just changed to1,000

Can I possibly be retried or have a modification to my sentence

David A. Cincotta
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answered on Dec 1, 2022

You are likely eligible for an expungement of all records of the offense (because of a change in law to make those convicted of a felony that has been reclassified as a misdemeanor eligible much sooner than others convicted of a felony). Unfortunately, you will still have to obtain a pardon first... View More

Q: How do you make a document a court of record?
David Luther Woodward
David Luther Woodward
answered on Nov 13, 2022

What kind of document? Where is it from? What language is it in?

You can usually record a document that qualifies for recordation with the county clerk, in your instance the county clerk for Oklahoma County, which is downtown. The clerks are prevented by law from giving you any legal...
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1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: If a judge set a criminal charged to be handles at the same time as civil but forgets do I have to agree to go to court

Went to court for animal at larges case filed against me by my neighbor in retaliation for me filing one on her. Before I went to my hearing I struck the plaintiffs trash can with my car moving it about of the way as to park. I got a destruction of property ticket. When I went to court to plea on... View More

David A. Cincotta
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answered on Nov 11, 2022

Yes. This is not a technicality that you are likely to have much success in arguing. The judge missed it, and no one called or nothing else been done, you might have avoided the mess with dealing with (at least until it was caught). However, it appears they caught the mistake fairly quickly, and if... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Oklahoma on
Q: If a man goes to jail whom is now an adult can his juvenile records be brought up and used against him in court?
Tracy Tiernan
Tracy Tiernan
answered on Aug 13, 2022

The Short answer is yes, there are circumstances where a previous juvenile conviction can be utilized in District Court when someone becomes an adult (gun possession charge after have been adjudicated a delinquent). There are also circumstances where you might have the State/ City/ Federal... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: In the state of Oklahoma can a police officer traspassing on private property with signs posted
Charles Watts
Charles Watts
answered on Feb 24, 2022

If the officer has a legitimate purpose in accordance with their duties then yes they can ignore the posted signs and conduct their official business.

1 Answer | Asked in Car Accidents and Constitutional Law for Oklahoma on
Q: My daughter was left alone at scene when her dad was taken to jail for warrants..is this illegal in oklahoma?

I was across town when i got the call and raced to the scene, but by the time i got there my daughter was sitting in the front of a police car and her dad had already been taken to jail and car was being towed away. My daughter was left alone, her dad handcuffed and taken to jail and car towed... View More

Charles Watts
Charles Watts
answered on Nov 1, 2021

Based on what you have stipulated in the question, your daughter was left with another officer. So short answer, Yes a minor can be left with another officer while her father was escorted to jail.

1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... View More

Charles Watts
Charles Watts
answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: Is it illegal for the the police or investigators to, what I have heard called, go on a “fishing exhibition”?

They had all they needed to arrest the target of an investigation(a drug dealer), but did not, then wiretapped his phone to find out who his associates were and how they are involved with the target all while allowing the illegal activity in order to bust more than the original suspect. I’ve also... View More

Charles Watts
Charles Watts
answered on Sep 2, 2021

In order for the wire tap to be legal there would have to be a search warrant that set up the specific information be sought. Assuming they have that, then yes it is legal. Having what you need to arrest is a subject is a slippery slope that we wont get into here, because every criminal... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Small Claims for Oklahoma on
Q: So during covid and everyone one was supposed to stay in their home two weeks lockdown I was kicked out of mine for two

For two months I was kicked out by the judge when my roommate filed protection order which I later proved it all to be wrong and falsified to wear to judge turn around and put one on the roommate I had no clothes except for what was on my back that I was allowed to get nothing and at that time you... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Aug 9, 2021

Wow, you really are going to need a good lawyer.

1 Answer | Asked in Criminal Law, Constitutional Law, Election Law and Federal Crimes for Oklahoma on
Q: When the United States Supreme court says there no standing to take up a case what are they saying.
Jessica Brown
Jessica Brown
answered on Apr 13, 2021

Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Is 85percent crime 21 O.S. 843.5(c) At the time of sentencing or on my plea of guilty summary of facts it said no

If it's not an 85% crime or if it is but at the time of sentencing they said it was not do I have action to get this sentence off of me

David A. Cincotta
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answered on Jan 12, 2021

Yes. Section 843.5(c) is a crime against a child under Section 843.5, so it is an 85% crime. I can also tell you that I am very familiar with the Department of Corrections receiving sentencing paperwork indicating a crime is not 85% when in fact it is, and the court ordering a sentence to not be... View More

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