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Oklahoma Questions & Answers
0 Answers | Asked in Civil Litigation and Family Law for Oklahoma on
Q: If I give my son my home upon my death, can a child or wife take it from him through litigation?

this is a home in Fletcher, OK...

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the name is misspelled on almost every court document. Could this be a reason for a dismissal?
Timothy Carignan
Timothy Carignan
answered on Mar 26, 2024

No. A minor mistake like that is called a Scrivener’s Error. It’s blamed on the person typing up the paperwork that someone else directed. If it’s pointed out, the case won’t get dismissed; it will just get corrected.

0 Answers | Asked in Criminal Law for Oklahoma on
Q: I filed papers in the district courts If it is denied can i aappeal a 22 O.S & 982a judicial review from

This is a district courts in Oklahoma

0 Answers | Asked in Criminal Law for Oklahoma on
Q: I man said I fired a gun at him & I fired it in the air

A man was trespassing dumping trash & didn’t live here & we had words & I fired my pistol in the air & he said I fired it at him.

0 Answers | Asked in Criminal Law for Oklahoma on
Q: I man dumping trash who didn’t live in the area said I fired a gun at him. I only fired the gun in the air.

I have no criminal record & didn’t fire the gun at anyone

1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can a officer arrest me for DUI of medication but put different details in affidavit? (Marijuana)

I was pulled over for speeding.The officer said he smelled marijuana.I was honest and told him I did have marijuana. He gave me a field sobriety test.I did tell him I take medication but I did not smoke marijuana that day. He told me i'm under arrest for taking the medication and driving. And... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 25, 2024

Well, if you took a blood test, that should settle the issue as to exactly what was in your system. Unfortunately, in many counties the fact that you have some overtime or controlled drug present in your system is usually enough for them to pursue this criminal charge against you. They will rarely... View More

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.

James L. Arrasmith
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answered on Mar 25, 2024

It sounds like you're seeking legal assistance primarily for procedural guidance rather than for representation in court. Many lawyers do offer services that can meet your needs. They can help ensure that your legal documents are correctly filled out and filed. Such support is often referred... View More

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0 Answers | Asked in Gov & Administrative Law and Libel & Slander for Oklahoma on
Q: I haven DHS case in which i have been named as a defendant without going into the particulars when can i file intentsue

They involve what i believe violation of Federal and state laws

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

James L. Arrasmith
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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

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

James L. Arrasmith
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answered on Mar 24, 2024

It seems like you're in a situation where you're expecting transparency but are meeting resistance, which can indeed be frustrating. Typically, after a police incident, especially involving crimes like assault and battery, it is standard procedure for a police report or at least an... View More

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0 Answers | Asked in Criminal Law and Animal / Dog Law for Oklahoma on
Q: Can you request to have your case tried by federal Court when it's a affc and animal cruelty

Felon in possession of fire arm charge. Even though he was assumed to have firearm because.of animal cruelty charge

1 Answer | Asked in Animal / Dog Law and Criminal Law for Oklahoma on
Q: If you have felony convictions and charged with felon in possession of firearm and animal cruelty. What sentence are you

Typically given if found guilty or given a plea bargain. Chances of getting a not guilty decision with so much lack of evidence is apparent. When there is no admission of guilt no physical evidence or second hand accounts.

Tracy Tiernan
Tracy Tiernan
answered on Mar 23, 2024

It’s always dangerous when you have prior felony convictions and you get arrested for a new felony offense. This is particularly true when you have more than one prior and they link up with each other and can be used under the second and subsequent offense statute to increase punishment on new... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Timothy Carignan
Timothy Carignan
answered on Mar 22, 2024

It can be either. If the amount is more than what people would consider “for personal use,” or if it’s packaged in such a way that it can be easily sold, it will be considered trafficking. Even small amounts can carry the higher charge if behavior implies that you’re planning to sell it.

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1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Oklahoma on
Q: How many times does a pro se indigent prisoner have to file a paupers affidavit in singal judicial review?

Indigent prisoner files judicial review in Oklahoma county district court challenging grievance restriction. Prisoner submits paupers affidavit when initially filing but after court responds prisoner files 9 actions including 4 motions and does not submit another new paupers affidavit with any. Is... View More

James L. Arrasmith
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answered on Mar 21, 2024

When an indigent prisoner in Oklahoma files for judicial review and includes a pauper's affidavit with the initial filing, this affidavit typically allows them to proceed in forma pauperis for the duration of that particular case. This means that the initial affidavit is generally considered... View More

0 Answers | Asked in Criminal Law for Oklahoma on
Q: Can something be done about this? I had charges in 2 separate counties in Oklahoma. County #1(osage co.) I bonded out of

& ended up getting another charge in County #2(Kay Co.). Wasnt able to bond out of Kay co. and ended up signing for a 3yr deferred. Was transported 2 Osage co. & couldn't make that bond either. After 13months in Osage Co i went 2 prison. Kay Co issued FTA warrants several times while... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have 2 current pending cases in separate counties and I hire a paid lawyer should he represent me for both case?
Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

If you’re asking, is he REQUIRED to represent you in the other county because you paid him for one county then the answer of course would be no (unless he agreed to that arrangement or you have a contract to that effect). If you’re asking, is it WISE to hire the same attorney for two different... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can these amounts be removed from my total amount of fines owed? In oklahoma I signed a 3yr deferred sentence in one

Then was transported over to another county to fight a charge I had over there then went 2 prison on that charge without ever bonding out. While in the second county & also when in prison the first county acknowledged I was still incarcerated but continued multiple times to issue compliance... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

I suspect there might be some misunderstanding on how some of the fees you are referring to originated. Also, the only way someone can be sent to prison is if they lose at a jury trial, lose at an application hearing where they have violated the terms of the probation, or they have otherwise... View More

0 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Is the legal!?..arrested on Wed Aug 30th booked in, bonded out 3 days later on Sept 2nd & booked out all on a simple a&b

Was no record of it @ all on ODCR till Sept 9th with charge of domestic abuse by strangulation. Their trying to act like i never was even arrested til the 9th of Sept and posted bond that day too. Furthermore i didn't have arraignment till Oct 3rd. Can they legally do all this!? Also... View More

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