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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the charge for misdemeanor child abuse in the state of Oklahoma
Brian Boeheim
Brian Boeheim answered on Jul 2, 2020

I am not sure how to answer your question. In Oklahoma, There is no version of child abuse that is charged as a Misdemeanor. There is a statuary provision that allows the DA to reduce any felony down to a misdemeanor, but that statute does not apply to charges that are considered violent crimes... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: A Felon was sentence to a 20 year term for manslaughter and has served 5 years. When can they ask for Judicial Review?

Does it have to be done through an attorney or by the individual person? How would I notify the Prosecuting DA?

David A. Cincotta
David A. Cincotta answered on Jul 1, 2020

Judicial review must generally be requested and ruled upon within the first 12 months of the date of sentencing without the approval of the District Attorney and within 60 months with the approval of the District Attorney. The exceptions that apply to the general rule above do not appear to apply... Read more »

2 Answers | Asked in Child Support for Oklahoma on
Q: Is child support aloud to hold taxes from custodial parent for six months. This has been happening every year .
Pete David Louden
Pete David Louden answered on Jul 1, 2020

Typically taxes refunds are collected from the non custodial parent that owes back support, not from the custodial parent that receives child support.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the sentence precent for drug trafficking with after formers

My brother was charged with drug trafficking and we just wanted to know what the sentence precent was for drug trafficking under 200 grams

Brian Boeheim
Brian Boeheim answered on Jul 1, 2020

DOC calculates the numbers as they see fit, but in statutorily it should be 50% for Trafficking with parole available after 30% of the sentence, and 85% for Aggravated Trafficking.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If you are at home that gets raided by the police and then you are on the state Witness does that make you a snitch

Eyewitness endorsed for the state of Oklahoma what does that mean

Brian Boeheim
Brian Boeheim answered on Jun 30, 2020

The State can add anyone to their witness list. Being on the witness list does not necessarily mean they will testify. All to often people after being arrested will attempt to trade information and testimony for their freedom.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do you become a witness for the state

If someone gets busted and u get on the state witness

Brian Boeheim
Brian Boeheim answered on Jun 30, 2020

Not sure what you are asking? Anyone can be listed as a witness by the State. That doesn't mean they will actually testify. If you are referencing someone who was arrested and decides to provide testimony against his/her co-defendants, then that is usually dependent on who talks first and... Read more »

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1 Answer | Asked in Criminal Law, Business Law and Civil Rights for Oklahoma on
Q: Can my car get repossessed after one week of no payment in the state of Oklahoma?

I financed a car through a car lot. I was one week and 3days late then got threatening text messages from the financier saying they were going to call the authorities if they did not receive a payment I paid them half on Friday (the day of the call) and they agreed to receive the other half Monday... Read more »

Brian Boeheim
Brian Boeheim answered on Jun 29, 2020

I would have to see your contract, but it appears as if they did not follow the Fair Debt Collection Practices Act. They cannot threaten criminal charges, or negotiate in my opinion negotiate for further payment only to repossess. You need an attorney to look at the contract and then potentially... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I own a fire arm 20 years after a felony conviction?

I was convicted of a felony Assault & Battery charge in 1995 in Ford County KS. I now live in Oklahoma. Can I legally own any kind of firearm?

David A. Cincotta
David A. Cincotta answered on Jun 29, 2020

I am going to assume by "own" you want to actually possess a firearm - whether in your home, your car, or on your person. With that, the answer is "No." You should contact an attorney in Kansas to see about obtaining a pardon in Kansas or if there are any other ways... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My mother passed away a year ago. How do i force my father to probate her will?

My mother passed away over a year ago. My father has refused to probate her will. I also have a half sister, from my moms first marriage. The estate is sizeable, and we assume that my father is trying to hide something or cut my sister out. We have confirmed the will has not been entered into the... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 29, 2020

Yes, you can force the will to be probated. According to Section 21 of Title 58 of the Oklahoma statutes, “Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: If I run away at 17 can a police officer legally bring me home

I’m 16 about to turn 17 and I’m ready to live on my own away from my parents

Pete David Louden
Pete David Louden answered on Jun 28, 2020

Yes.

1 Answer | Asked in Adoption and Child Custody for Oklahoma on
Q: Can a child that has been adopted by a family member due to the parents right terminated decide where she wants to live

She is fixing to be 16. I lost my rights and my sister adopted her but now my sister wants to dump her off at job cor in Guthrie and my 16 wants to live with me. Can she decide to leave my sister house even though my sister is her legal guardian or can my sister just dump her off somewhere else... Read more »

Brian Boeheim
Brian Boeheim answered on Jun 28, 2020

As the adoptive parent, your sister has all of the rights. You daughter may claim emancipation, if she can demonstrate she can live on her own and manage her own finances. She also needs to show that it is in her best interest to no longer have a guardian.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: was arrested on a warrant. I wasnt told my Miranda Rights nor shown the warrant. And publicly humiliated plz help

Details are as needed cause It is hard to describe everything is this little area.

Pete David Louden
Pete David Louden answered on Jun 27, 2020

One of your most important rights is the right to remain silent. This means do not talk about your case with anyone other than your attorney and stop posting details of your case on the internet!

Delete your question and hire a criminal defense attorney right now!

1 Answer | Asked in Divorce for Oklahoma on
Q: How do I move forward with a divorce if my spouse refuses to sign papers or appear in court?

I am POA for my best friend who is currently incarcerated in Oklahoma and trying to divorce his spouse. I have filed a divorce petition and served papers on his spouse for him. His spouse refuses to sign a waiver and insists she wants to appear in court. Though when served with notice of court... Read more »

Pete David Louden
Pete David Louden answered on Jun 27, 2020

Simple solution to this situation is he needs an attorney. An attorney can get the divorce finished whether the other spouse signs or not. I wish you the best of luck with this matter.

1 Answer | Asked in Child Custody for Oklahoma on
Q: My daughter has sole custody of her daughter. The dad has to have supervised visitation. She will be 9 in October.

She last saw him when she turned 3. There has been no contact what so ever since that day. He only pays child support when he is working, thru DHS. Is she able to terminate his rights?

Brian Boeheim
Brian Boeheim answered on Jun 26, 2020

If she has sole legal and physical custody there is very little reason to terminate his rights. If she has a new husband that wants to adopt the minor child, then you can request an AWOC (adoption without consent) hearing where the dad would have to demonstrate that he has made attempts to have a... Read more »

1 Answer | Asked in Divorce, Real Estate Law, Banking and Collections for Oklahoma on
Q: can a por person had legal counsel for a divorce
Pete David Louden
Pete David Louden answered on Jun 26, 2020

Yes.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: My stepdaughter wants to live with her dad and I. She is 14 and will be 15 in October. Is there any hope in getting her?

Her step dad is emotionally abusive to her. There are 6 children in the home two of them are my husbands children. His son wants to stay with his mother but daughter has been asking to live with us since age 5.

Pete David Louden
Pete David Louden answered on Jun 25, 2020

If there actually is abuse in the home AND it can be proven, yes. You will need to hire an attorney to file a motion to modify.

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1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: I negotiated a garnishment from the usual 25%, which added up to $264 every two weeks, to $100 every two weeks.

How long from the judge signing the order does the collection company have to implement the order?

Timothy Denison
Timothy Denison answered on Jun 25, 2020

3-4 weeks.

1 Answer | Asked in Contracts, Family Law and Divorce for Oklahoma on
Q: My husband and I did not receive premarital counseling before we married on May 10, 2023. Do we have a valid contract??

My fully paid for home in Moore was destroyed by a tornado 10 days after we married. The proceeds from that ($250,000) were invested in the husband’s property. Can I get any of that property back?

Brian Boeheim
Brian Boeheim answered on Jun 24, 2020

The first question is a hypothetical, which I can't answer since I don't know what the law will in May of 2023. The second question is that if the original home that was destroyed had your name on the deed, or was by financial equity of some kind marital property then you have a pretty... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I was asleep in the passenger seat while a friend of mine was driving. A traffic stop ensued and the vehicle was search

drugs were eventually found in backseat. Two people were in the back seat... I had no knowledge of the contraband but have been charged with agg trafficking... what can I do?

Brian Boeheim
Brian Boeheim answered on Jun 24, 2020

Hire an attorney who handles Drug Trafficking cases and understands the 4th amendment search and seizure issues. Don't talk with police or investigators. These are complex arguments and and laws. If you have more questions feel free to give me a call.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My Wife and I are in our 70’s we owe 50.000 on a house worth 100.000 we want our son to have the house, What to do ?

We also have a Daughter, but want the son to have the house,

Matt Fleischer
Matt Fleischer answered on Jun 23, 2020

You have numerous options:

1. You can transfer the house to your son and reserve a life estate for you and your wife. This strategy allows you to reserve the right to use and enjoy the property for the rest of your life and ensure your son receives it upon your deaths, without probate....
Read more »

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