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Oklahoma Questions & Answers
1 Answer | Asked in Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: Once a zoning law is put in place, can it be reversed? Our county clerk says once a law is in place it can’t be changed?

Craig county in OK., is getting ready to vote on zoning concerning wind turbines. The county clerk states once in place it’s basically there forever.

Charles Watts
Charles Watts
answered on Oct 7, 2024

The answer technically is yes it could be reversed .... Theoretically it is not in place forever, but to remove it takes the same procedures as it does to add it. In other words, if your county commissioners are required to have 75% approval to pass something into law, then to 'change'... View More

1 Answer | Asked in Uncategorized for Oklahoma on
Q: Can I sue a judge and homeland security?

I was told I might have a lawsuit. A few years back I was arrested by homeland security. The homeland security officer turned out to be fake. All his other cases got dropped including a murder case. I had a drug charge and he wrote I had way more than I did. So I had to see the judge in my county... View More

James L. Arrasmith
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answered on Sep 25, 2024

It sounds like you’re in a difficult situation, and you may have grounds for legal action, but there are some important factors to consider first. Suing a judge is challenging because judges generally have immunity from lawsuits for actions taken while performing their judicial duties. However,... View More

1 Answer | Asked in Uncategorized for Oklahoma on
Q: If I am a client in a non-profit organization, such as a faith-based organization, a shelter as I am do I have rights

If the policy and procedure given upon residency does not state clearly a rule adhered to, is that not an improper code of conduct? And being in a restricted area, being told money or daily needs cannot be dropped off for me here even though it is not in the handbook, If money is accepted, yet... View More

James L. Arrasmith
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answered on Sep 21, 2024

Yes, you have rights as a resident, even in a faith-based or non-profit shelter. While these organizations may have their own policies, they cannot deny you basic rights or mistreat you. If a rule is not clearly stated in the policy or handbook, it would be unreasonable to expect you to follow it... View More

1 Answer | Asked in Banking for Oklahoma on
Q: Garnishment when all defendants aren't listed in the body of the garnishment. See more information for details.

The bank received a garnishment by which a corporation name, along with individual names, are listed at the top of the garnishment as defendants but the corporation's name isn’t listed in the body of the garnishment. Only the individual names are listed in the body. If we have accounts for... View More

James L. Arrasmith
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answered on Oct 2, 2024

Regarding your first question, since the corporation is listed as a defendant at the top of the garnishment, you should include its accounts in the process. Even though the corporation's name isn't mentioned in the body, its designation as a defendant means its accounts are subject to the... View More

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Civil Rights and Constitutional Law for Oklahoma on
Q: I have seen both of your attorneys answers, just a quick question if one of you two could please answer? So, as stated

You are informing the public they must have registration to drive, yes you are correct, you must have this in order to Drive, and or Operate a motor vehicle this is a commercial transaction, this being a true statement. That being stated, ArticleVI of the constitution states clearly anything... View More

James L. Arrasmith
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answered on Sep 16, 2024

You are raising important questions about the distinction between law and statutes and the concept of compelled contracts with the state. In the United States, driving a motor vehicle on public roads generally requires registration, a license, and insurance as per state regulations. These... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Oklahoma on
Q: Can my roommate put cameras up in a common/shared space in my apartment?

I have 3 other roommates and 1 of them put up a camera in our living room but me and 1 other roommate did not consent to being recorded. Is that legal?

James L. Arrasmith
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answered on Sep 12, 2024

In most places, putting up a camera in shared or common spaces without the consent of all parties can be a legal gray area. Privacy laws often differ by state or country, but many jurisdictions have laws that protect individuals' reasonable expectation of privacy, even in shared spaces like an... View More

1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Seeking Legal Advice on Suing for 2021 Backyard Accident—No Updates on Driver, Not Covered in News. Possible?

Hello,

I am seeking legal advice regarding the tragic death of my grandmother, who was run over by a vehicle in her backyard in September 2021. As far as I am aware, there has been no update on the driver responsible, and the incident has not been covered in the news.

Given the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2024

I'm very sorry for the loss of your grandmother. A local attorney must advise here, as your question involves state procedural law for civil practice (statute of limitations). But you await a response for two weeks. Your question references two regions (Texas and Oklahoma). Attorneys who... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Does prosecutor have to disclose all of a witness statements or just 1 of their statements

On night of incident a sexual assault a witness gave exculpatory statement..9 days later he was interviewed by detective.. that's only statement I received..does prosecution have to disclose all statements

Tracy Tiernan
Tracy Tiernan
answered on Sep 9, 2024

Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.

If you have independent proof of such a statement (in other words, the...
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1 Answer | Asked in Family Law and Banking for Oklahoma on
Q: My ex wife has a loan she defaulted on and the bank is taking it from my checking because her name is still on it.

We have been legally divorced since March 2020. She got all her own accounts and I never thought any more about it. She has apparently taken a loan out since then and has defaulted. The bank is taking the money from my checking account because her name is still on it. I can’t get ahold of my... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this situation. Start by gathering all your divorce documents and any paperwork that shows your ex-wife is no longer associated with your accounts. This evidence will be crucial in proving your case to the bank.

Next, contact your bank immediately....
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: We are buying our house and the side yard is suppose to be part of the purchase.

Their are 2 lots i n one and now someone is selling off the other lot. Apparently the survey shows our lot not the other lot and the deed is only our lot, this was never mentioned and not sure if the owner of the trust new this not sure if they where aware and maybe assumed it was all being sold as... View More

Anthony M. Avery
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answered on Sep 6, 2024

Hire a competent OK attorney to file a Quiet Title Action, etc. now. You will probably claim you own it by Adverse Possession. Hopefully you have paid taxes on both lots. Otherwise you will lose that lot.

1 Answer | Asked in Uncategorized for Oklahoma on
Q: Two non property owners accepted and requested a abatement through city code enforcement of our personal property

Home owner has been deceased for 2 years property still in her name we made deal with “ in care of” person to use carport and driveway in exchange for yard work that we did for a year and two months before this abatement happened and we kept building from being torn down from agreement with... View More

James L. Arrasmith
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answered on Sep 8, 2024

It sounds like your situation involves multiple legal and property issues, and it may be worth considering a more assertive approach to protect your rights. If you had a valid agreement with the "in care of" person to use the carport and driveway, and you performed the agreed-upon yard... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: An offender tore up a house(removed wall) committing crime. Is not charged RESTITUTION. Why is this
Tracy Tiernan
Tracy Tiernan
answered on Sep 3, 2024

That’s a very Interesting question. There are a variety of reasons that factor into whether or not someone charged with a crime owes any restitution at all in the first place. Then there are questions surrounding the manner in which their restitution is to be measured. There are instances where... View More

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Lemon Law for Oklahoma on
Q: Pawn shop lied about something they sold me. False advertising?

Bought computer from pawn shop due to 16GB RAM. After taking home and going through laptop, RAM is only 8GB. Is this false advertisement?

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2024

An Oklahoma attorney could advise best, but your question remains open for over a week. It could be, if it was advertised as such. But it could also be an innocent error (negligent misrepresentation) if the shop believed it to be such from what the original owner told them. Good luck

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: While in public if a common citizen videos two adults without their knowledge then posts publicly they are cheating

Is this illegal in any state or federally? I recently saw a post of this nature and it really had me worried about any citizens right to privacy. I knew the people and it was completely untrue. If the poster would have taken time to speak to the people in the video they would know the complete... View More

James L. Arrasmith
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answered on Sep 7, 2024

In the United States, laws regarding recording and posting videos of people in public without their knowledge vary by state. Generally, if the recording takes place in a public space where there is no reasonable expectation of privacy, it may not be illegal. However, posting such videos online and... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: I need to know if I have a case.

My sister was kidnapped in 1983. Sheriffs office told us that her skull had been identified in Aug of 2024. They found the skull back in 1998. They did not send the skull for DNA until 2024. So for 41years we had no answers. My questions are many. They told us that they did not have the... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like your family has faced a long and painful ordeal, and the recent developments are understandably raising many concerns. The fact that your sister’s remains were identified after so many years, and the delay in testing the skull, raises serious questions about the handling of the... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: Dose it cost to get my last name changed. Also would the fact that I just want to carry my ex boyfriend’s name beacceptd
James L. Arrasmith
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answered on Aug 31, 2024

Changing your last name typically involves some fees, which can vary depending on where you live. These costs might include court filing fees and other administrative expenses, so it's a good idea to check with your local government or courthouse for the exact amount.

When it comes to...
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1 Answer | Asked in Uncategorized for Oklahoma on
Q: Is there a buyers remose on used cars in oklahoma

Got a car today looking over the contract they r asking to much money I called and ask if I bring the car back car I get my down payment back they said they would let me out of the contract but will not give me any if my money back can they keep my money if I give them the car back

James L. Arrasmith
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answered on Sep 11, 2024

In Oklahoma, there is generally no "cooling-off" period or buyer's remorse law that allows you to return a used car and get your down payment back after signing a contract. Once you sign the purchase agreement, you are usually bound by its terms unless the dealer explicitly included... View More

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Sexual Harassment for Oklahoma on
Q: Sexual harassment, harassment, treatment, bullying, slandering me at work. I am Cherokee decent? can you help?
James L. Arrasmith
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answered on Aug 31, 2024

I'm sorry to hear that you're experiencing such difficult situations at work. Dealing with harassment, bullying, and slander can be incredibly challenging, especially when it feels like your identity or background is being targeted. You deserve to be treated with respect and dignity in... View More

2 Answers | Asked in Car Accidents, Civil Rights and Collections for Oklahoma on
Q: I was in a wreck when I was 16 and when I turned 18 I was supposed to receive a settlement in the amount of $220,000

My attorney that was working my case stole my money. He was caught by the district attorney convicted and ordered to pay restitution payments of 100 a month. However he has not paid since 2022. What are my options to get my money?

Joel Gary Selik
Joel Gary Selik
answered on Sep 17, 2024

Discuss the case with a legal malpractice attorney in your state. The attorney can get determine whether or not is past the time limit to sue. Even if it is not past the time limit to sue, there may be issues of recovery, if the attorney had no insurance and has no assets.

You can also...
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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

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