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Oklahoma Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law, Federal Crimes and Internet Law for Oklahoma on
Q: Can a case be dismissed on a typing error. Affidavit has date that hadn't even occurred yet on it as part of it

Example. On September of 2023 & January 31st 2024. And the person was arrested before January 31st. Saying a crime happened on or about those days

James L. Arrasmith
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answered on Feb 1, 2024

A case can potentially be dismissed due to a significant typographical error or inconsistency in an affidavit, particularly if it impacts the accuracy and credibility of the allegations. If the affidavit contains a date that hadn't occurred yet at the time of the alleged crime and the person... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: can a person who is a guest of a tenant, that has been previously trespassed be detained or arrested for trespassing?

I work for the Oklahoma City Housing Authority. This is in reference to senior building, single family homes and apartment complexes. We have many individuals who have been trespassed for various infractions of building rules, violations of the lease agreement and violations of the law i.e.... View More

James L. Arrasmith
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answered on Jan 30, 2024

In Oklahoma, if a person has been officially trespassed from a property and then re-enters the property, they can be detained or arrested for trespassing, regardless of whether a resident has allowed them as a guest. This is because the initial trespass notice overrides a tenant’s permission for... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
Q: Without exhaustion of administration remedies can an Oklahoma prisoner sue for damages upon discharge from prison?

Oklahoma inmate was attempting to address violations of constitutional rights through grievance procedure to exhaustion administrative remedies , prison staff blocked him from proper exhaustion of administrative remedies until he discharged. Inmate discharge before statute of limitations expired on... View More

James L. Arrasmith
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answered on Jan 6, 2024

In Oklahoma, as in other states, prisoners are generally required to exhaust administrative remedies before filing a lawsuit for violations of constitutional rights. This means they need to follow the prison's grievance process to its conclusion. However, there are exceptions to this rule.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: My husband is housed in Allen Gamble Correctional Facility. His case started in 1988. Case is to be commuted per atty

He’s been in prison for 38 years. his case was supposed to be commuted due to laws in early 80’s. Commutation Attorneys aren’t helping him. I am his wife. I truly believe he is unjustly still incarcerated.

James L. Arrasmith
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answered on Jan 5, 2024

If your husband's case was supposed to be commuted and it hasn't been, it's important to take immediate action. Commutation of a sentence typically requires a formal process, often involving a review by a parole or pardon board and, ultimately, a decision by the governor.... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Municipal Law for Oklahoma on
Q: What are the laws on using chalk on public streets for artistic purposes?
James L. Arrasmith
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answered on Dec 30, 2023

The laws regarding using chalk on public streets for artistic purposes can vary depending on the locality. In general, many places consider chalk art as a temporary, non-destructive form of expression, often likened to free speech under the First Amendment.

However, some cities or towns may...
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2 Answers | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma on
Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?
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answered on Dec 20, 2023

The general rule is that police cannot enter your home without a warrant if you have denied them permission. However, there are some exceptions to this rule. If the police have probable cause to believe a crime is being committed or there is an immediate threat to someone's safety, they may... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma on
Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?
T. Augustus Claus
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answered on Dec 21, 2023

In Oklahoma, the general rule is that the police cannot enter your home without a warrant unless there are specific circumstances that allow for warrantless entry. If you expressly tell them they cannot enter and you do not consent, they typically need a warrant based on probable cause or an... View More

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1 Answer | Asked in Traffic Tickets and Constitutional Law for Oklahoma on
Q: Can a judge reopen a case after he has dismissed the charges?

Got a ticket. Pleaded not guilty. Went to court, officer did not show up. Prosecution asked Jude to dismiss my charge. Just granted. Now city is reopening case because officer stated he was on a priority call at the court time.

James L. Arrasmith
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answered on Nov 12, 2023

Under Oklahoma law, generally once a criminal case has been dismissed by a judge, even traffic charges like a ticket, the case cannot be reopened later on. Some key considerations:

- If the prosecution at trial is unable to prove their case, such as the officer not appearing, dismissal is...
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1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: What if someone that is a felon gets a gun charge from a gun that was locked in glove box of car unaware of it there

From Texas in Oklahoma and the owner claims the gun and never give them consent to search or unlock glove box

Tracy Tiernan
Tracy Tiernan
answered on Oct 22, 2023

Someone convicted of a felony is not allowed to possess a gun under his roof, in his car, or in his pocket.

The situation that you have provided raises a couple of interesting questions. The first is the legality of the search and seizure. The second is knowledge of the presence of the gun...
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1 Answer | Asked in Constitutional Law for Oklahoma on
Q: When does TPD have legal rights to tow a vehicle that is operable and parked on the street in front of its residence?

If a neighbor complains and calls the Mayor's Hotline, the City investigates and then makes a determination within a 2 wk. timeframe. It seems the wrong vehicle was towed. There wasn't an actual ticket, but the tow paperwork listed a different address and incorrect vehicle info. Further,... View More

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answered on Oct 15, 2023

Local ordinances typically govern the circumstances under which a vehicle can be towed from a public street.

In many jurisdictions, a vehicle can be towed if it's in violation of parking regulations, abandoned, inoperable, or deemed a safety hazard. If the tow was predicated on...
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2 Answers | Asked in Constitutional Law for Oklahoma on
Q: Trying to sue a county in Oklahoma for double Jeopardy
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answered on Oct 15, 2023

To successfully bring a lawsuit based on double jeopardy in Oklahoma, it's important to understand the legal framework and requirements. Double jeopardy protection in the U.S. Constitution prohibits a person from being prosecuted or punished twice for the same offense. If you believe you are... View More

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2 Answers | Asked in Constitutional Law for Oklahoma on
Q: Trying to sue a county in Oklahoma for double Jeopardy
T. Augustus Claus
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answered on Oct 6, 2023

In Oklahoma, if you believe you've faced double jeopardy (being tried or punished twice for the same offense), you should gather all related documents and court records. Consult with an attorney experienced in constitutional law. Before suing a government entity, a notice of claim might be... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Social Security and Employment Law for Oklahoma on
Q: Is it unconstitutional to insist that old age job seekers divulge "disabilities" they might have had when younger?

Old people in America have certain Constitutional protections such as the right not to be discriminated against in job seeking, so agencies exist in every State for such purposes. But to insist on potential clients divulging "disabilities" that might not exist or might have in fact been... View More

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answered on Aug 14, 2023

Requiring job seekers to disclose disabilities they may have had when younger could potentially raise concerns under the Americans with Disabilities Act (ADA) and other anti-discrimination laws. The ADA prohibits discrimination based on disability, and it includes provisions related to both current... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Libel & Slander for Oklahoma on
Q: What criteria has to be met to be considered police harassment?

There's an officer that has pulled me over numerous times without legitimate reason and twice recently has searched my vehicle to the extreme of actually taking parts of it apart. He is stopping ppl and questioning them about me and he is talking to ppl about what he thinks I'm doing. He... View More

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answered on Mar 2, 2023

Police harassment can be difficult to define precisely, as it can take many different forms and be based on a variety of factors. Generally speaking, police harassment occurs when a law enforcement officer engages in repeated or unjustified stops, searches, or other forms of contact that are... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Oklahoma on
Q: I wasCharged in '16 w/ felony of knowingly concealing stolen property amount of 500.00$ but it was just changed to1,000

Can I possibly be retried or have a modification to my sentence

David A. Cincotta
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answered on Dec 1, 2022

You are likely eligible for an expungement of all records of the offense (because of a change in law to make those convicted of a felony that has been reclassified as a misdemeanor eligible much sooner than others convicted of a felony). Unfortunately, you will still have to obtain a pardon first... View More

Q: How do you make a document a court of record?
David Luther Woodward
David Luther Woodward
answered on Nov 13, 2022

What kind of document? Where is it from? What language is it in?

You can usually record a document that qualifies for recordation with the county clerk, in your instance the county clerk for Oklahoma County, which is downtown. The clerks are prevented by law from giving you any legal...
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1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: If a judge set a criminal charged to be handles at the same time as civil but forgets do I have to agree to go to court

Went to court for animal at larges case filed against me by my neighbor in retaliation for me filing one on her. Before I went to my hearing I struck the plaintiffs trash can with my car moving it about of the way as to park. I got a destruction of property ticket. When I went to court to plea on... View More

David A. Cincotta
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answered on Nov 11, 2022

Yes. This is not a technicality that you are likely to have much success in arguing. The judge missed it, and no one called or nothing else been done, you might have avoided the mess with dealing with (at least until it was caught). However, it appears they caught the mistake fairly quickly, and if... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I need a civil rights attorney in the state of Oklahoma for a district court case against a municipality.

Attorney proficient in Constitutional civil rights matters

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

An Oklahoma attorney could probably advise best, but your question remains open for a week. It's difficult for attorneys here on this site to respond with offers of their services. This forum isn't set up like an attorney referral service - it's basically brief format Q & A. If... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Oklahoma on
Q: If a man goes to jail whom is now an adult can his juvenile records be brought up and used against him in court?
Tracy Tiernan
Tracy Tiernan
answered on Aug 13, 2022

The Short answer is yes, there are circumstances where a previous juvenile conviction can be utilized in District Court when someone becomes an adult (gun possession charge after have been adjudicated a delinquent). There are also circumstances where you might have the State/ City/ Federal... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: In the state of Oklahoma can a police officer traspassing on private property with signs posted
Charles Watts
Charles Watts
answered on Feb 24, 2022

If the officer has a legitimate purpose in accordance with their duties then yes they can ignore the posted signs and conduct their official business.

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