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Oklahoma Questions & Answers
1 Answer | Asked in Business Law for Oklahoma on
Q: Is it legal in Oklahoma for a venue to allow cheating at a trivia contest if there is a financial gain to the winner.
James L. Arrasmith
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answered on Mar 14, 2024

In Oklahoma, the legality of allowing cheating in a trivia contest, especially when there is a financial gain involved for the winner, hinges on several factors including fraud, fairness in competition, and specific state regulations regarding contests and gambling. If a venue knowingly allows... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: my constitutional right to travel whether by horses drawn buggy or automobile amendment 1,7&14 can a cop arrest me with

No laws broken and no danger to the public

James L. Arrasmith
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answered on Mar 14, 2024

I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable... View More

1 Answer | Asked in Gov & Administrative Law for Oklahoma on
Q: Please tell me what the sanctions are for violating Oklahoma StatutesTitle 47. §47-12-203, §6-101(a), §1151(A)(5)?
James L. Arrasmith
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answered on Mar 14, 2024

Here is a summary of the sanctions for violating the Oklahoma traffic statutes you referenced:

§47-12-203 - Operation of vehicles without required equipment or in unsafe condition

- Misdemeanor punishable by fine of $10-100 for operating a vehicle without the required lights and...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Should I have been given time to get me another lawyer?

My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Should I have been allowed more time to hire another attorney when my attorney recused himself from the case in court

My attorney refused himself from the my case in court so I asked for more time to get legal representation and the judge told me no that I had to represent myself

James L. Arrasmith
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answered on Mar 12, 2024

In most cases, when an attorney withdraws from a case, the court should allow the client a reasonable amount of time to find new representation. This is to ensure that the client's right to legal counsel is protected and that they have a fair opportunity to present their case.

However,...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I got picked up and charged with obtaining merchandise under false pretense and on top of that got a charge of

Obstruction went to jail got bonded out on the obtaining merchandise under false pretense 300.00 had court the next morning the only thing I was being charged with was Obstruction so I called my bondsman and explained and they said they would check into it and when they got back with me they said... View More

James L. Arrasmith
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answered on Mar 11, 2024

In this situation, it's essential to understand the specific details of your case and the bond agreement you signed with the bondsman. Generally speaking, when you pay a bondsman, you are paying a non-refundable fee (usually a percentage of the total bond amount) for their services in posting... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: What can I do? Notarized affidavit switched out and documents removed from motion to courts mailed through prison

Oklahoma inmate mails 133 page motion for staying of agency order pending review through law library services and when the motion reached the courts and was posted on oscn.net a sworn notarized affidavit was switched out with a copy and documents were removed from the motion. The prison staff works... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. It sounds very frustrating to have your legal documents tampered with. Here are a few suggestions for potential next steps:

1. File a notice with the court explaining that your original affidavit and some supporting documents appear to...
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1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: notarized statement and evidence were removed from motion mailed to courts through prison law Library .What can i do?

Im a Oklahoma prisoner challenging medical imposed grievance restriction in judicial review. The law Library supervisor refused to let me seal my out going legal mail. I sent 133 page motion for staying enforcement of agency order pending review to Oklahoma county court clerk when the motioned was... View More

James L. Arrasmith
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answered on Mar 9, 2024

If you believe that your legal documents were tampered with or removed from your motion after being mailed through the prison law library, you have a few potential options:

1. File a complaint with the prison authorities: Submit a formal complaint or grievance with the prison...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Oklahoma on
Q: Shouldn't I have been given time to get another attorney?

My attorney recused himself from my case at my hearing and the judge MADE me represent myself. I didn't want to represent myself. Even asked for time to get a different attorney & she said no.

James L. Arrasmith
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answered on Mar 9, 2024

Based on the details you've provided, it seems that the judge's decision to make you represent yourself without providing you time to obtain a new attorney may have been improper. In the U.S. legal system, defendants have the right to legal representation, and if an attorney withdraws... View More

1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Estate Planning for Oklahoma on
Q: What can i expect when looking to hire a trust lawyer to overturn an irrivocable trust that was created after grantor

After grantor was diagnosed 3dif times with dementia also trust was signed before ranch was purchased and poa became successor trustee due to fathers incompetence sep 08 2022 before new amended irrivocable trust had been signed

James L. Arrasmith
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answered on Mar 8, 2024

When seeking to hire a trust lawyer to challenge or overturn an irrevocable trust, particularly under circumstances involving the grantor's mental capacity at the time of the trust's creation, you can expect to navigate a complex legal process. Lawyers in this field will first review all... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My friend already has a court appointment attorney and has been in jail for a lengthy amount of time if I Bond her

Out now will she keep her Court appointment attorney or will they still make her hire a private attorney

Tracy Tiernan
Tracy Tiernan
answered on Mar 7, 2024

That’s an excellent question, and a quite common question as well. It depends on the judge, the district attorney, and what type of case. If it’s a small misdemeanor case, there are instances where you can keep your court appointed attorney. If it’s a more meaningful case like a felony and... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law and Personal Injury for Oklahoma on
Q: Is a supplemental medical Insurance company allowed to overrule “multiple doctors” severity of diagnosis determination?

“On December 28th of 2023, my wife became critically ill with Flu “A” and severe double pneumonia. She was taken to a hospital in Oklahoma City and placed on a ventilator. Sadly my wife suffered a hypoxic brain injury due to the lack of oxygen her brain was getting. Now she is in a nursing... View More

Tim Akpinar
Tim Akpinar
answered on Feb 29, 2024

A Texas or Oklahoma attorney could advise best, but your question remains open for a week. I'm sorry for your wife's ordeal. Carriers do deny claims on the basis of differing medical opinions. Only a local attorney could advise on the validity of the carrier's denial under... View More

1 Answer | Asked in Gov & Administrative Law, Municipal Law and Native American Law for Oklahoma on
Q: My ex has my truck that he claims as his & refuses to give it back. He had my name removed from the title.

I have receipts, a notorized bill of sale and an affidavit signed by a judge showing ownership. It was originally in my name thru the State but I added his when we registered it thru Cherokee Nation. We did so due to cheaper tags. I have the physical title but somehow he's had my name... View More

James L. Arrasmith
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answered on Feb 27, 2024

Given the complexity of your situation, involving both the removal of your name from the vehicle title and the presence of documents proving your ownership, your first step should be to contact the Cherokee Nation's vehicle registration office or the equivalent authority that manages vehicle... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: assaulted by a deputy and now im stuck in that jail and im scared its going to happen again What should I do
James L. Arrasmith
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answered on Feb 25, 2024

I'm very sorry to hear you were assaulted by a deputy and are now scared in the same jail. No one should have to endure violence or fear while detained. Here are some recommendations on steps to take:

1. Report the assault immediately in writing to jail authorities and request...
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1 Answer | Asked in Personal Injury, Civil Rights, Landlord - Tenant and Municipal Law for Oklahoma on
Q: What is an illegal eviction and what if it has resulted in someone's death??
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answered on Feb 25, 2024

An illegal eviction occurs when a landlord removes a tenant from a property without following the legal process required by state or local laws. This can include changing the locks, physically removing the tenant's belongings, shutting off utilities, or using threats to force the tenant out... View More

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: If im on probation for violating p.o. and the victim dismiss p.o. and I still on probation?

I'm creek Indian. Should I have went thru tribal court?

James L. Arrasmith
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answered on Feb 25, 2024

If you are on probation for violating a protective order (P.O.), and the victim decides to dismiss the protective order, it does not automatically mean your probation conditions are lifted. Probation is ordered by the court, and only the court can modify or terminate it. Your probation terms remain... View More

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: Can regain your parental rights after your rights have been terminated?

I had my rights terminated when my daughter was 3 now she's 15 almost 16 and is having issues in the home with her adopted parents and I was wondering if there's anything I can do get my rights back?

James L. Arrasmith
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answered on Feb 25, 2024

In Oklahoma, once parental rights have been terminated, the decision is generally considered final and irreversible. This means that the legal relationship between a parent and a child is permanently severed, making it extremely challenging to regain parental rights after termination. However, each... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Oklahoma on
Q: I cannot get a replacement state I.D. because it expired I don't have birth cert. Only adopt papers lost . What do I do

They have me in the system with fingerprint they told me I wouldn't need paperwork since they did the fingerprint . Do not have any other thing except my social security card and dhs food stamp card and of course my expired State ID card what do I do ? I can't get work ,get a bank... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a challenging situation without a valid state ID and missing essential documents like your birth certificate. Although your ID has expired, it's frustrating that it isn't being accepted as proof of your identity. However, there are still steps you can... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Oklahoma on
Q: Can a police officer drive out of his jurisdiction, and spotlight my house at 3 am without just cause?

The same officer has also pulled my wife over multiple times with no warnings or tickets. And now he's driving by the house at night. I have concerns of intent. Said officer has never pulled me over in her vehicle.

James L. Arrasmith
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answered on Feb 24, 2024

Generally, police officers are limited to exercising their official duties within their own jurisdiction unless specific agreements or circumstances allow for jurisdictional overlap, such as mutual aid agreements between neighboring jurisdictions or in pursuit of a suspect. The use of a spotlight... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Can my spouse claim part of the house in case of my death?

Hello me and My son is on the house deed my husband is not. What will happen in case I pass away before he does? Will my son totally take ownership of the house or my husband will still have a part of it even if he is not on a house deed

T. Augustus Claus
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answered on Feb 23, 2024

In Oklahoma, if you pass away and your name is on the house deed along with your son's, but your husband's name is not, the distribution of your interest in the house depends on how the property is titled and state law regarding spousal rights. If the property is owned as joint tenants... View More

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