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Oklahoma Criminal Law Questions & Answers
Q: Federal District Court question

Are there any specific statutes relating to the amount of time a judge has to approve or deny a petitioners Motion for leave in forma Pauperis? I did see a question similar to this, and the only answers that were given, is that the normal is 2-4 weeks. I also contacted the Court Clerk and inquired... View More

James L. Arrasmith
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answered on Aug 31, 2024

There are no specific federal statutes that set a strict timeline for a judge to approve or deny a Motion for Leave to Proceed In Forma Pauperis. The process often takes about 2-4 weeks, as you’ve already heard from the court clerk. However, it's not uncommon for these decisions to take... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: can a cherokee Marshall in oklahoma impersonate an fbi agent while making an arrest.

2 cerokee Marshall's arrested me, identified themselves as fbi and said they were not affiliated with the cherokees or local police. they said they were fbi in town working on a child trafficking case and was called in to hel

James L. Arrasmith
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answered on Sep 7, 2024

No, a Cherokee Marshal in Oklahoma cannot legally impersonate an FBI agent while making an arrest. Law enforcement officers must always clearly identify their agency and authority. Impersonating a federal agent, such as someone from the FBI, is a serious crime and could lead to severe legal... 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 Criminal Law for Oklahoma on
Q: How do I get someone in jail released to inpatient drug rehab?

In Oklahoma

Tracy Tiernan
Tracy Tiernan
answered on Sep 6, 2024

Well, that is a bit of a simplification in terms of what a judge, or the state of Oklahoma, might be willing to do. When they arrest someone and place them in custody as they await criminal prosecution for a charge, absent some very special circumstances, they will usually remain in jail until they... 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 Criminal Law, Traffic Tickets and Civil Rights for Oklahoma on
Q: I'm being charged for §47-11-1111. Throwing or dropping object on or at moving vehicles.

The only reason this occurred was because the vehicle in question almost ran me over by running a turn signal light. I asked the officer to press charges against the driver for almost killing me and nothing was done about the driver. I was never read my Miranda Rights when I got arrested. Also... View More

James L. Arrasmith
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answered on Jul 28, 2024

You have several grounds for challenging your charges and the treatment you experienced. Firstly, if the driver almost ran you over, you could argue that your actions were in self-defense or a response to a life-threatening situation. Gathering any evidence, such as witness statements or traffic... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Oklahoma on
Q: Can you get a liquor license in Oklahoma if you have felony convictions not related to alcohol or the sale of alcohol

None were charged as violent simple possession of CDs and exploitation by care taker are the charges from 2009 and 2010 and 2018. All sentences have been completed for all charges no probation nothing left to do on any charges...able has denied my license due to a conviction of a violent felony.... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for providing the details of your situation. In Oklahoma, the ability to obtain a liquor license with a felony conviction depends on several factors:

1. Nature of the offense: Generally, non-violent felonies that are not related to alcohol or the sale of alcohol may not...
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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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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it illegal in the state of Oklahoma to not identify yourself during a police investigation?

Officers arrived on scene and placed me in handcuffs off bat. I was being detained off of reasonable suspicion and I refused to give my name. Meanwhile, officers ask questions and turns out there is no probable cause for an arrest. While asking questions officers found out that the suspect in... View More

Timothy Carignan
Timothy Carignan
answered on Jun 22, 2024

Yes, it is illegal to fail to identify yourself to police officers in the course of an investigation. This person could have saved himself a lot of time and trouble by simply telling the police who he was.

1 Answer | Asked in Criminal Law, Family Law, Child Support and Civil Rights for Oklahoma on
Q: Can I sue my bigamist parents with bigamy since he passed and they knew?
James L. Arrasmith
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answered on Jun 21, 2024

To properly address this question, we'll need more information about the situation. However, I can provide some general insights based on the limited details given:

1. Bigamy laws: Bigamy is illegal in Oklahoma and most other states. It's typically considered a felony.

2....
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2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Oklahoma on
Q: My bf was driving and caused an accident. I covered for him. I need to amend the report. What's the best way to do this?

He was drunk. The lady he hit is suing. None of this was my fault.

Joel Gary Selik
Joel Gary Selik
answered on Jun 18, 2024

Hire an attorney. This could lead to serious criminal consequences for you.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Will I go to prison for $4,000 in unemployment fraud that I didn’t mean to commit
Timothy Carignan
Timothy Carignan
answered on Jun 15, 2024

There are no guarantees in law, but if this is a first offense, I’d expect restitution (paying back the $4000), a fine, court costs, and probation.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Scenario: I manage a grocery store, And one of my employees were going to their car on a break.

When a homeless man picked up a rock from out parking lot and started to attack her, I ran over and pushed the guy off of her. A week later I was given a subpeona to appear in court to testify as a witness, AFTER the incident occurs I find out the man is mentally ill.

Ultimately my... View More

James L. Arrasmith
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answered on Jun 15, 2024

In this situation, you acted to protect your employee from an immediate threat. Your actions were in defense of another person, which is generally considered justified under the law. Self-defense and defense of others are legal principles that allow the use of reasonable force to prevent harm.... View More

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 Litigation, Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: Is it considered domestic violence in oklahoma to with hold food from your spouse , domestic partner , common law wife

Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More

Tracy Tiernan
Tracy Tiernan
answered on May 5, 2024

Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens on a failure to appear on child in danger ment

In the state of Arkansas

Tracy Tiernan
Tracy Tiernan
answered on Apr 20, 2024

Well, a failure to appear on pretty much any criminal case across-the-board will be treated pretty much the same. With a few exceptions, the court (the judge) will Issue a warrant for your failure to appear (FTA). You will then be subjected to being arrested.

If you have a legitimate...
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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: What does 141 dismissed/ withdrawn mean?
Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2024

I’m not sure what the number “141” signifies, but when something is “dismissed” or “withdrawn” in a criminal case, it is almost always nothing but good news for the defendant. Charges being dismissed? Very good thing! An application to revoke or accelerate your probation being... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can Domestic abuse against a pregnant women. Be considered a felony first time incident.

I was booked under CF for this charge when we have no prior

Tracy Tiernan
Tracy Tiernan
answered on Apr 12, 2024

Oklahoma statutory law indicates that a domestic assault and battery on a pregnant woman where the defendant had reason to know she was pregnant is a felony offense carrying up to 5 years in the department of corrections. If the woman suffers a miscarriage as a result of the assault and battery it... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was riding as a passenger during a traffic stop. The offficer demanded I Identify myself, told him my brother’s name

I am being charged with a felony, false personation.

Can I legally be charged with that being that I was not creating any liability whatsoever?

Timothy Carignan
Timothy Carignan
answered on Mar 28, 2024

Yes. That created a violation of the law, even if one didn’t exist before.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have been charged with 3 count larceny can I plea no contest or what should I do

I am sorry for what I have done I have a son I am scared to loose I was drunk and wasn't in the right mind state please help me

Tracy Tiernan
Tracy Tiernan
answered on Mar 27, 2024

Hi, the determination of whether or not you can enter a plea of “no contest” in a criminal case that involves a disposition by a plea bargain a lot of times depends on the courthouse in which you are charged, the judge you have, and the district attorney or prosecutor handling the file.... View More

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