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Oklahoma Constitutional Law Questions & Answers
1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... Read more »

Charles Watts
Charles Watts answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: Is it illegal for the the police or investigators to, what I have heard called, go on a “fishing exhibition”?

They had all they needed to arrest the target of an investigation(a drug dealer), but did not, then wiretapped his phone to find out who his associates were and how they are involved with the target all while allowing the illegal activity in order to bust more than the original suspect. I’ve also... Read more »

Charles Watts
Charles Watts answered on Sep 2, 2021

In order for the wire tap to be legal there would have to be a search warrant that set up the specific information be sought. Assuming they have that, then yes it is legal. Having what you need to arrest is a subject is a slippery slope that we wont get into here, because every criminal... Read more »

1 Answer | Asked in Constitutional Law, Federal Crimes and Small Claims for Oklahoma on
Q: So during covid and everyone one was supposed to stay in their home two weeks lockdown I was kicked out of mine for two

For two months I was kicked out by the judge when my roommate filed protection order which I later proved it all to be wrong and falsified to wear to judge turn around and put one on the roommate I had no clothes except for what was on my back that I was allowed to get nothing and at that time you... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 9, 2021

Wow, you really are going to need a good lawyer.

1 Answer | Asked in Criminal Law, Constitutional Law, Election Law and Federal Crimes for Oklahoma on
Q: When the United States Supreme court says there no standing to take up a case what are they saying.
Jessica Brown
Jessica Brown answered on Apr 13, 2021

Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf.... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Is 85percent crime 21 O.S. 843.5(c) At the time of sentencing or on my plea of guilty summary of facts it said no

If it's not an 85% crime or if it is but at the time of sentencing they said it was not do I have action to get this sentence off of me

David A. Cincotta
David A. Cincotta answered on Jan 12, 2021

Yes. Section 843.5(c) is a crime against a child under Section 843.5, so it is an 85% crime. I can also tell you that I am very familiar with the Department of Corrections receiving sentencing paperwork indicating a crime is not 85% when in fact it is, and the court ordering a sentence to not be... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Oklahoma on
Q: What is the statue of limitations on a false imprisonment civil suit from the date of discharge
Arnold Isaac Berschler
Arnold Isaac Berschler answered on Oct 1, 2020

The Civil Rights Act of 1991, 42 U.S.C., sec. 1981; et. seq. [including section 1983] is probably the law to be used. That Act adopts a state's statute of limitations period for personal injury claims as the time limitation. The issue being: in which state did the imprisonment first occur?

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Libel & Slander for Oklahoma on
Q: How can we get my wifes ankle monitor activity for a certain day so we can clear our names and get her out of jail.

Her next court date isn't for another month and a half. She was on ankle monitor at time the crime happened and also there's a video of the couple that actually did it. She doesn't need to sit in jail any longer for something we never did. And what kind of legal action can we take... Read more »

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Hire a true criminal defense attorney.

Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

David A. Cincotta
David A. Cincotta answered on Aug 11, 2020

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:

"The...
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3 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Do u have to have a lawyer for your 2nd court date
David A. Cincotta
David A. Cincotta answered on Jul 7, 2020

You should hire an attorney as soon as possible. Most judges do not like defendants to show up without an attorney, especially twice. Each judge has his or her own tolerance. If you believe you cannot afford an attorney, you need to demonstrate to the court everything you have done to try to hire... Read more »

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1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: Well incarcerated my house is broken should I have been asked if I wanted to press charges or not

I was arrested while I was arrested my house was broken into should I have been asked if I wanted to press charges or not

Brian Boeheim
Brian Boeheim answered on May 3, 2020

The idea of "pressing charges" isn't really the way it works. The DA is the only one who can file charges (press charges). They have complete discretion. The police and the DA may ask you if you want to testify (come to court), but that is really as far as it goes. Now if they... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for Oklahoma on
Q: I was arrested in December they violated my 4th amendment by running my tag with out knowledge of me commitment a crime

Can I have a case against the police department

David A. Cincotta
David A. Cincotta answered on Apr 19, 2020

The question you present is not one that can simply be answered on a forum such as this. If you were arrested and no charges were filed, you could contact a civil rights attorney to review your case. If you were charged, you should hire (if you have not done so already) a criminal defense... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: I need a civil rights attorney

I was denied the right to a fair hearing I have strong evidence

Tim Akpinar
Tim Akpinar answered on Oct 16, 2019

This isn't really a lawyer referral service; it's just a question-answer board. If you need an attorney, you could look one up in the Find-a-Lawyer section of this site, or conduct your own independent search for one. You could also check if the Oklahoma Bar Association's resources... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
Q: I was charged with 3 counts of child abuse by county officers whereas the allegations have no evidence to prove

There is no history of any kind of child abuse and I have no criminal record before this . Please help

Frank A. Urbanic
Frank A. Urbanic answered on Jul 13, 2019

These are very serious charges. You need to hire an attorney. No getting around that.

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: how inportant is a date on the search warrant that was served?
Doak Willis
Doak Willis answered on Jun 27, 2019

Very important. The search must be within a specified time from the date it was signed by the Judge. If outside that time, the search could be quashed in Court.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: My son was charged with a contraband charge for something that he was not present to see officer find during the search,

They said $800 surety bond. They had already done several searches of clothing and everything checking pockets and all. Then all a sudden a officer comes in after he been locked in a cell and says he found contraband in a pockets that we know had been searched many times. He did have my son... Read more »

Doak Willis
Doak Willis answered on Jun 27, 2019

Hire an attorney who should ask for any videos inside the jail facility showing the search of his pockets and discovery of the contraband.

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1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Oklahoma on
Q: When a federal law appears to contradict a SCOTUS majority opinion, but is not directly addressed; which preempts?
Melissa Oxford
Melissa Oxford answered on Jun 17, 2019

It depends on when the federal law was enacted, before or after the opinion, and whether or not the opinion addresses the statute and declares it unconstitutional or otherwise invalidates it.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Securities Law for Oklahoma on
Q: What are the laws and status in Oklahoma concerning surety bonds and ethics
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 12, 2019

You have asked two complicated legal questions the answers to which would fill at least six shelves in any law library. Wanna try again?

1 Answer | Asked in Civil Rights, Constitutional Law and Land Use & Zoning for Oklahoma on
Q: My house has two driveways. The original driveway and the one my grandparents had added on.

The city is now trying to ticket me sayi by the original driveway is an alley? It doesn't even go thru and is on our property is that legal?

Doak Willis
Doak Willis answered on May 18, 2019

You must check the land records to insure that the driveway the City is claiming to be an alley is indeed an alley or a part of your property. Obviously, if the driveway was built on property owned by the City and deemed an alley, the City may then enforce their rights concerning the use of that... Read more »

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Oklahoma on
Q: i am a mother in oklahoma whose 5 children were illegally removed by falsifying documents, i have my case file on hand

i want to know if the documents are legal, i will take a picture. i just really need a answer, they've been gone for 9 mths now

Kyle Persaud
Kyle Persaud answered on Mar 16, 2019

I can't tell whether the children were legally removed, simply by looking at the documents alone.

The question as to whether it is legal to remove children from a parent's custody, depends on a great many factors. I would have to know the circumstances of the removal, the...
Read more »

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1 Answer | Asked in Constitutional Law, Gaming and Gov & Administrative Law for Oklahoma on
Q: What Oklahoma statute makes sports gambling illegal?
Kyle Persaud
Kyle Persaud answered on Mar 12, 2019

There are a number of state statutes on gambling.

Many of them are available here:

https://www.oscn.net/applications/oscn/index.asp?level=1&ftdb=STOKST21&year=#CiteID69441

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