We we're fixing up my house and the pandemic hit we were quarantined on president order no evictions and they came and tore my house down but did not clean up the property but put a 10,000$ lein on my property stating they cleaned up my property the city of Spencer they only illegally tore my... View More
Rules vary for criminal and civil appeals and there are further differences within civil appeals based on the type of case and the type of order you are appealing from. But the general rule is that the record must be completed within six months of the date of the order appealed. And the brief in...View More
An appeal of the conviction is out-of-time. Under very limited circumstances, a conviction can be vacated through the Post-Conviction process. Another consideration would be applying for a sentence commutation.
I would encourage you to contact an attorney to review the person's...View More
I also had another child since moving to Oklahoma and My fiancé had a case in NC we have done everything even a home study and approved fit stable loving environment Is there anything I can do I know I’m not aloud contact with them ether but my oldest Continues to reach out to me and i can’t... View More
If your rights were terminated and the child was adopted to another then it is very rare that you can get rights restored. There are a couple exceptions but those are extremely hard to prove and validate. As such the other parents have ultimate say over their child. Contact an adoption attorney to...View More
I went to jail for what I thought was a public intoxication. Was bonded out for that paid the bail went to court they said that no charges have been filed yet. I go back to check online to see if charge is it been filed a month later and yesterday they filed actual physical control of motor... View More
Many times when the police arrest someone for a crime they have an idea of what statutes or ordinances have been violated. Often times it guesswork because they haven’t done their full investigation, maybe they haven’t talked to some witnesses or followed up on some evidence. They will list...View More
Essentially you are really just filling a single Motion to Dismiss and having the matter placed on the proper Judges Hearing docket to agree this issue. In your motion you would need to cite the McGirt Supreme Court decision, briefly discuss the case itself and hope it applies to your situation,...View More
When filing a writ of cert to the Oklahoma Supreme Court for a civil case, how does the filing deadline work? If you have 20 days to file from the date of the appelate courts opinion, do weekends count. What if the deadline day is on a Sunday? Was the petition due on the previous Friday or Monday?... View More
First, I am not an Oklahoma lawyer. That being said, generally the weekend days DO count if the time period is less than 10 days. So if you have say, 20 days, to get a petition in, those are calendar days. BUT if the last day of the time period falls on a weekend day (or federal holiday) then the...View More
First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the...View More
The trial judge has ordered a cash appeal bond be payed at the time of or prior to the filing of the notice of intent to appeal. This bond is in the same amount as the fines I was sentenced to. Is this not a denial of the right every person has to appeal in every case in Oklahoma? Seems that if... View More
The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:
You include four categories for your question, but do not include Criminal Law - although you mention the word "sentencing." If your matter involves sentencing, a criminal defense lawyer should be advising you. As a general matter in virtually any context, appeals are governed by short...View More
Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life
Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that...View More
The writer began by saying that appellate courts read a lot of writing and unfortunately they read a lot of poor writing. The article cited some cases in which lawyers tried to win their cases by disparaging the court or the opposition. I remember laughing at the brutal way the Oklahoma Supreme... View More
You could check with the Oklahoma Bar Association. The problem is that many state bar associations don't go back that far with their online journals. If they don't have it on their site, you could contact them directly to see if one of the administrators could assist. Another option might...View More
If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider
I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz... View More
An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.
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