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Oklahoma Criminal Law Questions & Answers
Q: Seeking help for inheritance fraud involving family members in Oklahoma.

My grandfather left me a legacy as the sole beneficiary, including 640 acres of land with the Diamond Pipeline running through it and significant financial assets. However, my brother and aunt allegedly used fraudulent means to steal my inheritance. I have evidence of forgery, including altered... View More

James L. Arrasmith
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answered on Jun 13, 2025

What you’re dealing with sounds painful and incredibly frustrating, especially when it involves family and something as meaningful as your grandfather’s legacy. In Oklahoma, inheritance fraud is taken seriously, particularly when there's evidence of forgery or tampering with official... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: Can I open carry my AR-15 with loaded magazine on public sidewalks in Oklahoma?

I'm wondering if I can legally open carry my AR-15 long gun with an empty chamber but loaded magazine in Oklahoma, specifically on a public sidewalk in the city. I'm not planning any specific event and I haven't had any adverse interactions with law enforcement regarding firearms in the past.

James L. Arrasmith
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answered on Jun 13, 2025

In Oklahoma, the law does allow open carry of rifles, including an AR-15, as long as you are not prohibited from possessing firearms. However, just because something is legal doesn’t always mean it’s going to be received calmly, especially when it involves a long gun in a public area. Carrying... View More

2 Answers | Asked in Civil Rights, Criminal Law, DUI / DWI and Insurance Bad Faith for Oklahoma on
Q: Do I need to complete DUI classes for license reinstatement after a possession charge with suspended license due to no insurance?

I was sitting in my vehicle that was not running, talking to a friend when a policeman approached, opened the door, and searched my car without a warrant. I was arrested for marijuana possession and later learned my license was suspended due to no insurance. My case is now closed, but I have been... View More

Brandon Michael Rosenbloom
Brandon Michael Rosenbloom
answered on Jun 13, 2025

No, you likely don't have to do the DUI course before getting your license back. DDS only requires the DUI course to be submitted if you are convicted of DUI, the Court may have made that part of your sentence, and you will need to get it done during your probation, but only as a term of your... View More

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1 Answer | Asked in Criminal Law and Municipal Law for Oklahoma on
Q: Can Oklahoma extradite me from Missouri for a larceny warrant?

I have a warrant for larceny at Walmart from the municipal courthouse in Tulsa, Oklahoma, and I have been residing in Missouri for 35 years. I have no family ties to Tulsa. Can authorities from Oklahoma come to Missouri to execute this warrant and bring me back to Tulsa?

James L. Arrasmith
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answered on Jun 11, 2025

Yes, Oklahoma can request your extradition from Missouri, even for a larceny warrant from a municipal court. Extradition between states is allowed under the U.S. Constitution and governed by the Uniform Criminal Extradition Act, which both Oklahoma and Missouri follow. However, whether Oklahoma... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Criminal Law for Oklahoma on
Q: Legal action for dog exposed to chemicals in Oklahoma shelter?

I'm concerned about an Oklahoma shelter where my dog was exposed to Windex and possibly kennel cough, and staff allegedly made her inhale methamphetamine. Despite requests, the shelter staff assured me of a vet appointment, but it never happened. They dismissed the issue as separation anxiety,... View More

James L. Arrasmith
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answered on Jun 10, 2025

You have every right to be outraged, especially when your dog’s health and safety were ignored after being entrusted to a shelter. If your dog was exposed to harmful substances like Windex or methamphetamine, and no vet care was provided despite your repeated requests, that may constitute neglect... View More

2 Answers | Asked in Criminal Law and Civil Litigation for Oklahoma on
Q: How to press charges for assault & battery when police are unresponsive?

I want to press charges for assault and battery, which occurred on June 3, 2025. Despite having an eyewitness who has provided a statement and filing a police report, the sheriff seems to view the incident as trivial, and the police are not taking any action. What can I do to ensure this matter is... View More

Timothy Carignan
Timothy Carignan
answered on Jun 5, 2025

It is very difficult to sue a municipality. You would need to file for permission to sue them, early enough that the actual suit can still be filed within the statute of limitations. I would recommend finding a lawyer who specialized in that kind of law.

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2 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Does double jeopardy apply in a case of a second identical robbery after serving time for the first?

I want to know if the principle of double jeopardy applies in this situation: After serving time for robbing a gas station, I rob the same gas station in the same manner upon release. If I admit to the judge that I committed the second robbery but argue that I cannot be charged again due to double... View More

Timothy Carignan
Timothy Carignan
answered on Jun 3, 2025

No. Sorry, but it’s a second crime. A trial for that would be the first trial for that crime. Double Jeopardy would not apply.

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1 Answer | Asked in Criminal Law, Civil Rights and Personal Injury for Oklahoma on
Q: Is it legal for officer to administer whole bottle of schedule 3 narcotic?

I was arrested during a traffic stop and charged with possession and paraphernalia. While handcuffed, I requested to take one of my prescribed medications for chronic shoulder pain. The officer administered a schedule 3 narcotic and proceeded to dump the entire bottle into my mouth without my... View More

James L. Arrasmith
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answered on Jun 2, 2025

No, it is not legal for a police officer to administer a full bottle of a Schedule III narcotic without your consent. Police officers are not authorized to dispense or force medication, especially controlled substances, in that manner. What you described could be viewed as excessive, dangerous, and... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can the owner retrieve their firearm if I was charged with underage possession?

I am 18 years old and was charged with possession of a firearm as a minor in Oklahoma. The gun is clean and not stolen, but it is not registered in my name. The owner has documentation proving ownership but hasn't been in contact with law enforcement. Can the owner get the gun back?

James L. Arrasmith
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answered on Jun 10, 2025

Yes, the owner may be able to retrieve the firearm, but it depends on the status of your case and how the police are handling the evidence. Since the gun is legally owned and not reported stolen, and the owner has documentation proving ownership, they can contact the law enforcement agency holding... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: Will Florida's adjudication withheld affect my license application in Oklahoma?

I am an hourly manager at a super store and have applied for an ABLE commission employee liquor license in Oklahoma. Ten years ago in Florida, I was arrested for felony child abuse, but adjudication was withheld, meaning I was not convicted. My Florida lawyer advised that I could legally answer... View More

James L. Arrasmith
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answered on May 31, 2025

It’s understandable to be anxious about how your past in Florida might impact your liquor license application in Oklahoma. When adjudication is withheld in Florida, it means you were not formally convicted of the felony, and your lawyer was correct that you can answer "no" to questions... View More

1 Answer | Asked in Sexual Harassment and Criminal Law for Oklahoma on
Q: Is asking for inappropriate pictures from a minor considered sexual harassment?

I'm 12 years old, and a 14-year-old kid keeps asking me to send inappropriate pictures. Despite knowing that I have a boyfriend, he continues to make these requests and says if we dated, he could get them. Is this considered sexual harassment?

James L. Arrasmith
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answered on Jun 12, 2025

Yes, what he is doing is considered sexual harassment, and it may also be against the law. Asking someone your age to send inappropriate pictures is not just wrong—it can be very serious. It doesn't matter that he's only a little older; what matters is that he keeps pressuring you to do... View More

2 Answers | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can DUI charge be dismissed due to wrong date on court papers?

I was arrested for a DUI on the 27th, bailed out on the 28th, but my court papers incorrectly state "on or about the 30th". I performed 6 field sobriety tests and refused the state's test. I have no prior DUI convictions, and I had a passenger with me. Can I get the charge dismissed... View More

Josh Davis
Josh Davis
answered on May 28, 2025

No

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1 Answer | Asked in Employment Law, Criminal Law and Personal Injury for Oklahoma on
Q: Can I sue my employer for not acting on a co-worker's assault attempt?

I've reported to my employer that my co-worker attempted to run me over with a car. There is video evidence of the incident, but my employer has not taken any action, and it has been a week. The police have not been notified. Can I take legal action against my employer for not addressing this... View More

James L. Arrasmith
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answered on Jun 11, 2025

You should report the assault attempt to your employer in writing and ask for a prompt investigation and response to ensure your safety at work. Employers have a duty to provide a safe workplace, and ignoring such serious threats could make them liable for negligence if they fail to act reasonably.... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Oklahoma on
Q: Can I pick up my children before their father goes to prison?

My husband took our children from me over four years ago without any legal custody agreements; we are still legally married. I have recently been informed that he will be going to prison on May 26th due to a criminal felony case. Given the circumstances, can I legally go pick up my children before... View More

James L. Arrasmith
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answered on Jun 12, 2025

Since there are no legal custody orders in place and you are still legally married, you likely have equal parental rights under the law. That means you generally do have the right to pick up your children, especially if their father is about to be incarcerated and has been keeping them from you... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How much of a 6-year sentence for conspiracy to traffic drugs must be served in Oklahoma?

In Oklahoma, I received a 20-year sentence for conspiracy to traffic illegal drugs, with all but the first 6 years suspended, and there were no aggravating factors or prior convictions involved. How much of the 6-year sentence must I serve before being released?

Charles Watts
Charles Watts
answered on May 23, 2025

You should contact a criminal law attorney but from my limited knowledge a standard trafficking is 50% time served (so 3 years in this case) before parole of early release eligibility will be considered (not guaranteed). For aggravated trafficking its 85% (so approx. 5.1 years). Again, you should... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Legal recourse for revoked credits and extended sentence in Oklahoma prison?

My son is in an Oklahoma State prison for first and second-degree burglary, initially set for discharge on June 17, 2025, serving 85% of his sentence. Due to a class X write-up for possessing tobacco and marijuana, his earned credits were revoked, extending his release to July 1, 2026. The prison... View More

Charles Watts
Charles Watts
answered on May 23, 2025

The 85% is a required "minimum" served. It is not a guaranteed release day. The guaranteed release day would be the 100% time served.

They get credits to reduce time served but it cannot lower it below the 85%. It is well within the rights of the institution to give or revoke credits.

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Can my son challenge the change of his discharge date after a class X write-up in Oklahoma State prison?

My son has been in Oklahoma State prison for first and second-degree burglary and was originally set to be discharged on June 17, 2025, based on serving 85% of his sentence. Recently, he received a class X write-up for possession of tobacco and marijuana, which led to all his earned credits being... View More

James L. Arrasmith
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answered on Jun 10, 2025

Yes, your son may still have legal options to challenge the revocation of his earned credits and the extension of his sentence. In Oklahoma, inmates are entitled to due process during disciplinary proceedings that result in a loss of earned credits. If the write-up was issued under a “new law,”... View More

3 Answers | Asked in Criminal Law and Native American Law for Oklahoma on
Q: Should I go through state or tribal court for a misdemeanor charge in Oklahoma?

I'm facing a misdemeanor assault and battery charge in Oklahoma. The incident occurred on tribal land, and my court date is this upcoming Wednesday. As a tribal member, I'm wondering whether it's better to go through state or tribal court for this issue. Are there specific advantages... View More

Tracy Tiernan
Tracy Tiernan
answered on May 22, 2025

Depending upon the charge, there are benefits and drawbacks to each. There are many times when the decision is removed from your control, such as when the Tribal status is apparent after your arrest and law-enforcement directs the case to the Tribal COURTS.

Other times you may have to file...
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2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Traffic Tickets for Oklahoma on
Q: What are possible court outcomes for multiple charges including possession of substances under 21 in Oklahoma?

I am facing five charges: possession of marijuana, possession of beer/intoxicating beverage under 21, transporting an open container (alcohol), minor in possession of tobacco, and operating contrary to conditions/restrictions on a driver's license. Additionally, I received two warnings for... View More

Charles Watts
Charles Watts
answered on May 23, 2025

This forum is not the appropriate place to answer this question as everything in criminal procedure is very fact intensive and fluid. You should contact a criminal law attorney in your area for specific information and representation.

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1 Answer | Asked in Consumer Law, Criminal Law, Contracts and Domestic Violence for Oklahoma on
Q: Tricked into being primary buyer of ex's vehicle. Can I resolve title and loan issues?

I was tricked into being the main buyer of my ex's vehicle, thinking I was only cosigning. The purchase took place on May 10th, and neither of us has a driver's license. No payments have been made yet, and the first payment is due next month. The seller gave me the paperwork at work, and... View More

James L. Arrasmith
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answered on May 17, 2025

You’re in a very serious and emotionally draining situation, and your safety needs to come first. If your ex has threatened you or implied violence, **you should document everything**—every message, voicemail, and conversation—and consider filing for a **protective order** immediately. A... View More

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