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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Can prosecution use evidence collected by officers who did not testify and were not listed on state witness list

These officers reports were undisclosed by prosecutor and have been suppressed since 2004

Robert Donald Gifford II
Robert Donald Gifford II
answered on Nov 20, 2024

It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More

1 Answer | Asked in Products Liability for Oklahoma on
Q: Product liability nondisclosure agreement where I can get compensated for my info

It's a product liability where the product has something inside if u touch u die no warning on the outside already has people who have died but I am trying to get compensated for warning the company to put the table on the product so a nondisclosure agreement do I have a case to pursue or if I... View More

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2024

An Oklahoma attorney could advise best, but your question remains open for three weeks. I'm not aware of legal theories basing compensation on alerting a company to a dangerous condition confidentially. Most reputable companies use recalls or other transparent measures to protect the public... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If two people have equal interest in a parcel of undivided property and one passes away. Do the heirs get equal shares
Anthony M. Avery
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answered on Nov 12, 2024

Generally yes. But hire an OK attorney to search the title and determine heirship.

1 Answer | Asked in Probate for Oklahoma on
Q: Okay if my parents co-signed a house, never payed a $1 on property , both die, can my siblings try to force me to sell?

Purchased a house 2009, parents never put a dollar towards house, now sibling out of vengeance trying to pull my house in, when my father said it was my house and did not list it in his Will, because he never considered himself a owner . This is in arkansas

Anthony M. Avery
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answered on Nov 8, 2024

Was the will probated? If not then it has no effect. Then the heirs at law own the property, and yes, each heir can demand a Partition in Court. You might argue your contributions entitle you to a larger share from the net proceeds of the sale. Hire am AR lawyer to search the title and... View More

1 Answer | Asked in Consumer Law, Contracts and Identity Theft for Oklahoma on
Q: how do i obtain my fathers documents that i havent recieved after his passing
Tim Akpinar
Tim Akpinar
answered on Dec 3, 2024

An Oklahoma attorney could advise best, but your question remains open for a month. I'm sorry about the loss of your father. One option could be to learn if there is an executor or an administrator. Attorneys in the "Probate" and "Estate Planning" categories here are... View More

1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: Need advise on determining basis on property gifted from g-parents to calculate capital gains

Is it true when one spouse passes away the assets/ property/land held in a marital trust are inherited by the surviving spouse and the property at this point receives a step up basis?

If I was gifted this property and I sale it, would this be the basis for calculating the capital gains?

James L. Arrasmith
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answered on Oct 31, 2024

When you receive property as a gift from your grandparents, the basis for calculating capital gains is typically the same as what your grandparents had in the property. This is known as a carryover basis. If the property's fair market value at the time of the gift is less than the original... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Detective Questioned for embezzlement from work place. said he would get back with me, any suggestions
Tracy Tiernan
Tracy Tiernan
answered on Oct 29, 2024

The strongest evidence in a court of law is when a defendant accused of a crime opens their mouth and gives a confession. Most seasoned criminal defense attorneys will tell you never to talk to law-enforcement when you know you’re under investigation for having committed a crime.

Having...
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1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Yes I'm righting Im Regards of trying to figure out my rights for the deaf hard hearing

Yes I had courts it was a formal arraignment my attorney wanted me to do it please I am deaf and did not feel comfortable doing the plead as I was not aware of everything that was going on through my preliminary hearing due to me being deaf I've had several other cases that I was not provided... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're experiencing this. You have the right to effective communication in court, which includes having an interpreter provided if you are deaf or hard of hearing. It’s important that you have someone who can fully understand and participate in your legal proceedings.... View More

1 Answer | Asked in Uncategorized for Oklahoma on
Q: What does it mean when a judge orders "Noncontact between each other" meaning between the plaintiff and the defendant.

Does it mean that both the plaintiff and defendant have a non contact order against each other?

James L. Arrasmith
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answered on Oct 28, 2024

When a judge orders "Noncontact between each other" for you and the other party, it means that both of you are prohibited from having any form of contact. This includes direct communication like phone calls or messages, as well as indirect contact through third parties or social media.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: It's just a Court's responsibility to furnish paperwork or rights if they suspect defendit is deaf or hard of hearing

I would like to know if it's the Court's responsibility for providing me with paperwork about my rights for an interpreter for the deaf or hard of hearing I have a cochlear implants and I was not aware of my interpreter rights I'm asked them and told him I needed somebody in the past... View More

James L. Arrasmith
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answered on Oct 26, 2024

I'm sorry to hear that you've had difficulties obtaining an interpreter in court. It's essential that you have full access to communication during legal proceedings, especially if you're deaf or hard of hearing.

Courts are generally responsible for providing...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: When there's an application to revoke that's been filed, after a prior one has been dismissed, according to Title 22, th

The first revocation is only a 6 month sanction? If it's just technical violations. Is there any loop holes to consider? Or be on the lookout for?

Tracy Tiernan
Tracy Tiernan
answered on Oct 25, 2024

It’s not necessarily a scheduled formula of punishment. When you violate the rules and conditions of your probation, the state, through the district attorneys office, and the judge have the power to punish you in a variety of different ways including a minimal slap on the wrist to incarceration... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: I live in Pontotoc County Ada Oklahoma. ZIP Code is 74820. My car was impounded my car was impounded. I’m indigent and l

I live out of my car. I’m indagentIt will take my whole disability check to get it out. This happened last week. I feel I should not have to pay any fees as no charges were brought against me and I spent three days in jail waiting to get out to city attorney who dropped everything or judge, how... View More

James L. Arrasmith
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answered on Oct 25, 2024

I'm really sorry to hear about what you're going through. It must be incredibly stressful to deal with your car being impounded, especially when you're facing financial difficulties.

First, consider reaching out to local legal aid organizations in Ada, Oklahoma. They can...
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1 Answer | Asked in Uncategorized for Oklahoma on
Q: A person I know has been put on AL pending an alcohol blood test taken 5 months ago. no charges. can this be dismissed?

He has a lawyer and has not received any charges and there is no movement on the case. It was after a car accident, nobody killed or seriously injured. He was off duty and not arrested or taken to jail. He would like to return to work but believes the employer will not let him until it has been... View More

James L. Arrasmith
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answered on Oct 21, 2024

It's understandable to feel anxious about your ability to return to work under these circumstances. Since there have been no charges filed and your lawyer is handling the case, it's important to maintain open communication with your legal representative. They can provide specific guidance... View More

1 Answer | Asked in DUI / DWI and Civil Rights for Oklahoma on
Q: Can a homeless person have their car impounded and be dismissed all charges if they live in in the car?
James L. Arrasmith
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answered on Oct 19, 2024

I'm really sorry you're facing this situation. Living in your car can make you vulnerable to local laws that may lead to your vehicle being impounded. Many cities have ordinances against overnight parking or using a vehicle as a residence, which can result in fines or towing.

If...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can witnesses for the prosecutor sit with them and whisper things during another witness for the prosecutions testimony?

First witness, the drug task force officer stayed in the court room while the K-9 to unit officer gave testimony. During the 2nd witnesses cross examination the first witness got up from his seat and went and sat with the prosecution whispering to her which caused her to re-cross examine the 2nd... View More

Tracy Tiernan
Tracy Tiernan
answered on Oct 18, 2024

Unfortunately, you have not provided enough information. It’s not clear whether you’re talking about testimony presented at the jury trial stage or a preliminary hearing or some other motion or evidentiary hearing.

As a general rule, any competent criminal defense attorney, at a...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: False police report - no evidence/proof of outrageous claims. Resulted in 2 misdemeanor charges of threats/intimidation

neighbors 3 dogs came to my property & attacked my 3 sheep killing the male, who was like my child. I filed a civil complaint. They go to let him now & he suddenly has claims I’m harassing him. I ran him off the road, followed him & his son to to a nearby town taking pics of them,... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're going through this difficult situation. Start by gathering all possible evidence that can support your innocence, such as alibis, surveillance footage, photos, or any witnesses who can confirm your whereabouts during the incidents. Document every interaction you have... View More

1 Answer | Asked in Workers' Compensation for Oklahoma on
Q: i need second oppinion about my workers comp case

my attorney i have now lied to me about settlement he told me the despondent attorney had made a offer and then i found out that the despondent attorney had mad the same offer that i had already turned down twice and my attorney made a counter offer with out telling me first he mad the counter... View More

Stephen Murray
Stephen Murray
answered on Oct 23, 2024

You should speak to your attorney.

1 Answer | Asked in Products Liability and Agricultural Law for Oklahoma on
Q: I purchased a package of black eyed peas. After taking a bite, i seen that they had MAGGOTS in them.

I called the store to inform them and I was humiliated when the manager made it out to be a "normal occurence" After several weeks of me trying to handle this on my own, their insurance company denied any claim and hung up on me. I also received a email with her explaining this.... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2024

An Oklahoma attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. Unfortunately, it will probably be difficult to find a law firm that would be interested in this matter. Although you are genuine in the harm you experienced, law firms will not... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Products Liability and Native American Law for Oklahoma on
Q: How do I begin to file with the tort act claim?

It's a hard case because this is the tribal casinos, although I am a tribal member of another tribe. I file a sexual harassment with the HR then I was punished and transferred to another one my benefits started over and the only available shift was 11pm-7am and a no contact agreement was... View More

James L. Arrasmith
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answered on Oct 12, 2024

Starting a tort claim can be complex, especially within a tribal jurisdiction. Begin by gathering all your documentation, including complaints you filed, any correspondence, and evidence of retaliation or harassment. This information will be crucial for your case.

Next, you should reach out...
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1 Answer | Asked in Uncategorized for Oklahoma on
Q: My church wants to house a roofing company for 90 days. Is that a violation of the 75 day temporary definition?
James L. Arrasmith
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answered on Oct 14, 2024

It sounds like you're concerned about whether housing a roofing company for 90 days violates the 75-day temporary use definition. This is an important question to address to ensure you're in compliance with local regulations.

If the definition of temporary use in your area is...
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