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Oklahoma Constitutional Law Questions & Answers
0 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Can a judge require me to hire an attorney for a misdemeanor charge?

The 6th amendment allows me the right of self-representation, after I entered my plea of not guilty for a misemeanor charge of disturbing the peace, the judge said he would put me in jail if I showed up at my next court date without an attorney . Can this judge actually throw me in jail and violate... View More

0 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Native American Law for Oklahoma on
Q: Can someone be arrested for trespassing if he lives in our deceased mother's house?

Shawnee police officer entered my brother's residence while he was asleep on the couch and woke him up. They said that someone reported an a/b taking place in his yard. They asked him to come outside then arrested him for public intoxication and trespassing. He was told that he couldn't... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
Q: I was charged with 3 counts of child abuse by county officers whereas the allegations have no evidence to prove

There is no history of any kind of child abuse and I have no criminal record before this . Please help

Frank A. Urbanic
Frank A. Urbanic
answered on Jul 13, 2019

These are very serious charges. You need to hire an attorney. No getting around that.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: My son was charged with a contraband charge for something that he was not present to see officer find during the search,

They said $800 surety bond. They had already done several searches of clothing and everything checking pockets and all. Then all a sudden a officer comes in after he been locked in a cell and says he found contraband in a pockets that we know had been searched many times. He did have my son... View More

Doak Willis
Doak Willis
answered on Jun 27, 2019

Hire an attorney who should ask for any videos inside the jail facility showing the search of his pockets and discovery of the contraband.

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0 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: My son was charged with a contraband charge for something that he was not present to see officer find during the search,

They said $800 surety bond. They had already done several searches of clothing and everything checking pockets and all. Then all a sudden a officer comes in after he been locked in a cell and says he found contraband in a pockets that we know had been searched many times. He did have my son... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Oklahoma on
Q: When a federal law appears to contradict a SCOTUS majority opinion, but is not directly addressed; which preempts?
Melissa  Webb
Melissa Webb
answered on Jun 17, 2019

It depends on when the federal law was enacted, before or after the opinion, and whether or not the opinion addresses the statute and declares it unconstitutional or otherwise invalidates it.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Securities Law for Oklahoma on
Q: What are the laws and status in Oklahoma concerning surety bonds and ethics
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 12, 2019

You have asked two complicated legal questions the answers to which would fill at least six shelves in any law library. Wanna try again?

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: how inportant is a date on the search warrant that was served?
Doak Willis
Doak Willis
answered on Jun 27, 2019

Very important. The search must be within a specified time from the date it was signed by the Judge. If outside that time, the search could be quashed in Court.

1 Answer | Asked in Civil Rights, Constitutional Law and Land Use & Zoning for Oklahoma on
Q: My house has two driveways. The original driveway and the one my grandparents had added on.

The city is now trying to ticket me sayi by the original driveway is an alley? It doesn't even go thru and is on our property is that legal?

Doak Willis
Doak Willis
answered on May 18, 2019

You must check the land records to insure that the driveway the City is claiming to be an alley is indeed an alley or a part of your property. Obviously, if the driveway was built on property owned by the City and deemed an alley, the City may then enforce their rights concerning the use of that... View More

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Oklahoma on
Q: i am a mother in oklahoma whose 5 children were illegally removed by falsifying documents, i have my case file on hand

i want to know if the documents are legal, i will take a picture. i just really need a answer, they've been gone for 9 mths now

Kyle Persaud
Kyle Persaud
answered on Mar 16, 2019

I can't tell whether the children were legally removed, simply by looking at the documents alone.

The question as to whether it is legal to remove children from a parent's custody, depends on a great many factors. I would have to know the circumstances of the removal, the...
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1 Answer | Asked in Constitutional Law, Gaming and Gov & Administrative Law for Oklahoma on
Q: What Oklahoma statute makes sports gambling illegal?
Kyle Persaud
Kyle Persaud
answered on Mar 12, 2019

There are a number of state statutes on gambling.

Many of them are available here:

https://www.oscn.net/applications/oscn/index.asp?level=1&ftdb=STOKST21&year=#CiteID69441

0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: Where would I research the laws or statutes that govern the suspension of a driver's license and their effective dates?

What gives the state of Oklahoma the right to suspend driving priveledges for a drug offense when the was no vehicle involved to be in operation?

0 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Oklahoma on
Q: In Oklahoma is it illegal to have a loaded firearm in your vehicle without a conceal carry permit/license?

I was arrested on February 26th 2018 in Oklahoma County for driving 1-10 over I was merging onto I-40 from an on ramp and was driving 6 mph over the speed limit, transporting a loaded firearm (from a firing range) and obstruction (I did not respond to the officer's questioning after I had been... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: If a person was caught Eluding an officer why would the inmate website for that county state the charge as being Escape
Gary Johnston Dean
Gary Johnston Dean
answered on Jan 3, 2018

Are you sure you were not charged with escape? If you weren't, contact the court clerk about the error.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

Q: Changes to OK §21-1713 (KNWNGLY CONC STLN PRPTY) on July.01.2017?

The laws change due to State-Question 780 in OK on July 01, 2017 and it takes the valuations in 21 o.s. 1713 (KNOWNGLY CONC STLN PROP) up to $1000.00 for classification as a Felony. Below $1.00 to $999.99 of value should be classified as a Misdemeanor correct? Also, if one was charged in the year... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 26, 2017

I agree with answer by Ms. Harroz, however I understand many District Attorney offices will reduce old charges in the discretion of the prosecutor.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: A search warrant was issued for a stolen cell phone.while the police looked for the phone drugs were found

On the property Can the drugs now be used for criminal charges against the property owner?

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 26, 2017

Yes sir.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Oklahoma on
Q: Arrested on a warrant i did not have. Booked in and bonded out. Court next day, they said they shouldnt have arrested me

I was waiting to visit my father in jail and they pulled me in a room and arrested me. Soent a few hours in jail before i could bond out. Treated me very unfairly. Court next day and mind you i live in a different city. Wasted my time driving for them to tell me that they messed up like i had told... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 26, 2017

You may file suit against the arresting agency. I'm not sure about publication.

0 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Can a ping from a stolen iPhone that supposedly shows my address be probable cause for a search warrant?

Police knocked on my door and tell me that a supposedly stolen iPhone pinged to my address. They started trying to intimidate me into allowing them to search my house for it.

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