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Oklahoma Questions & Answers
1 Answer | Asked in Civil Rights and Health Care Law for Oklahoma on
Q: Who is in charge or human rights and health regulations while being held in Oklahoma county jails. the jails need help
James L. Arrasmith
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answered on Sep 24, 2023

In Oklahoma, county jails are under the jurisdiction of the respective county's sheriff's department. Human rights and health regulations in these facilities are subject to both state laws and federal laws, such as the Civil Rights of Institutionalized Persons Act. If there are concerns... View More

1 Answer | Asked in Real Estate Law, Collections and Municipal Law for Oklahoma on
Q: In Oklahoma does a county treasurer? Have to notify the owner before. the property is sold. At a tax auction
T. Augustus Claus
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answered on Sep 21, 2023

In Oklahoma, the county treasurer is generally required to notify the property owner before selling the property at a tax auction. This usually involves sending a written notice to the last known address of the property owner, as well as any other parties who may have a legal interest in the... View More

2 Answers | Asked in Car Accidents for Oklahoma on
Q: What can over ride a statute of limitations on auto insurance on collecting from a accident?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

An Oklahoma attorney should advise, as your question involves state civil procedure rules, not general legal concepts. But you posted your question last week. Until you're able to consult with a local attorney, some of the elements that could SOMETIMES serve to toll the statute (subject to a... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
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answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

2 Answers | Asked in Native American Law for Oklahoma on
Q: Missing tribal court not knowing court date when it was changed and never received letter for the new date...

I had tribal court today and I'm native American (Chickasaw) My aunt who is white has guardianship of my two boys and 10-15 minutes before court she wants to call and tell me we had court today at 1:30 so there was no way I could have made it there on time , will I get in trouble if I missed... View More

Robin Elizabeth Rollins
Robin Elizabeth Rollins
answered on Sep 19, 2023

If it was a guardianship hearing, you will most likely not get in trouble. Many parents with children in guardianships do not appear in court. However, your failure to appear at court hearings could be detrimental to you in the future. If there comes a time when you would like the children returned... View More

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2 Answers | Asked in Native American Law for Oklahoma on
Q: Missing tribal court not knowing court date when it was changed and never received letter for the new date...

I had tribal court today and I'm native American (Chickasaw) My aunt who is white has guardianship of my two boys and 10-15 minutes before court she wants to call and tell me we had court today at 1:30 so there was no way I could have made it there on time , will I get in trouble if I missed... View More

James L. Arrasmith
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answered on Sep 21, 2023

Missing a tribal court hearing can have serious consequences, including potential legal repercussions. It's essential to contact the tribal court as soon as possible to explain the circumstances surrounding your absence and inquire about rescheduling the hearing. Additionally, consider seeking... View More

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1 Answer | Asked in Estate Planning, Probate and Family Law for Oklahoma on
Q: My mother passed in 2015 and my stepdad claimed her ashes but now my stepdad has passed. Who gets my mother's ashes?
T. Augustus Claus
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answered on Sep 18, 2023

In Oklahoma, the disposition of your mother's ashes, which were claimed by your stepfather after her passing in 2015, is typically determined by legal and familial considerations. If your mother had provided specific instructions for the disposition of her remains in a legal document, those... View More

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: I have proof of abuse with videos, but I can’t get them admitted into evidence. What can I do?

My ex husband’s lawyer says I clipped them where I wanted to. So they can’t be admitted into evidence.

Pete David Louden
Pete David Louden
answered on Sep 18, 2023

The good news is the Judge, not the opposing attorney, decides what evidence will be admitted. With that said, you will likely need your own attorney who knows civil procedure and the rules of evidence to properly present your evidence.

Best of luck!

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a bondsman tell you where you can live? Can they revoke your bond if you don't do what they say?
Tracy Tiernan
Tracy Tiernan
answered on Sep 16, 2023

Many bondsmen/ women operate differently. They don’t have to take your case. If they feel uncomfortable or feel, there is a risk you might not show up to Court or you are a flight Risk.

Again, you need to contact the bondsman/ woman that you have to discuss any issues related to a change...
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2 Answers | Asked in Foreclosure for Oklahoma on
Q: Where can I find the paperwork for a foreclosure in my name?
T. Augustus Claus
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answered on Sep 15, 2023

Start by contacting your mortgage lender or loan servicer to inquire about the status of your loan and any related foreclosure documents. Additionally, check public records at the local courthouse or online to see if any foreclosure-related paperwork has been filed.

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1 Answer | Asked in Tax Law, Civil Rights and Municipal Law for Oklahoma on
Q: Can a city that charges sales tax for emergency services also make a mandatory subscription service for ambulance servic

On July 17, 2023, Broken Arrow City Council adopted Ordinance No. 3794 which removed the opt-out provision for participation in the LifeRide emergency medical services program and made the fee mandatory for all utility customers of the City of Broken Arrow. During fiscal year 2017, when... View More

James L. Arrasmith
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answered on Sep 14, 2023

In many jurisdictions, cities have the authority to charge fees for specific services, including emergency medical services like ambulance rides. The decision to make the fee mandatory for utility customers is typically within the purview of the city council or local government, subject to... View More

2 Answers | Asked in Criminal Law and White Collar Crime for Oklahoma on
Q: If a person pawns items they don't own, but retrieve items and return to owner w/o anyone knowing, can they be charged?
Tracy Tiernan
Tracy Tiernan
answered on Sep 14, 2023

Interesting fact pattern for certain. The crime (False Declaration of Ownership) was completed when you signed the document alleging you have owned the property for a certain period of time. The fact that you retrieve it later and make everything right would certainly be an extenuating circumstance... View More

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2 Answers | Asked in Criminal Law and White Collar Crime for Oklahoma on
Q: If a person pawns items they don't own, but retrieve items and return to owner w/o anyone knowing, can they be charged?
Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Sep 14, 2023

The answer depends, among other things, on how a person got access to these items. If a person has been entrusted with material assets belonging to his employer in connection with the performance of his official duties at work, then his actions will be recognized as abuse of official position. If a... View More

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1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: may a state court in Indian country entertain an extradition proceeding on a native prisoner

I was arrested on an extradition warrant and held in the Pontotoc county jail on a failure to pay fines on another felony case. Because I am a citizen of a sovereign Indian Nation, and live in Indian country. Any warrant. or governors warrant must be addressed to my tribe. I was held in jail for... View More

James L. Arrasmith
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answered on Sep 11, 2023

Jurisdiction in Indian country can be a very complex issue as it involves a nuanced interplay of tribal, state, and federal laws. Generally, extradition processes involving Native American tribes might require collaboration between tribal, state, and possibly federal authorities to properly address... View More

1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Military Law for Oklahoma on
Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.

I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will... View More

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation.

In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How long does the district court have to answer an instant motion??

Filing an expedited motion for permission to travel out of state while on probation to participate in treatment/sober living.

T. Augustus Claus
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answered on Sep 6, 2023

In Oklahoma, the time it takes for a district court to respond to an expedited motion, such as a motion for permission to travel while on probation, can vary depending on the court's caseload and specific procedures. Typically, the court should act on expedited motions relatively quickly due... View More

3 Answers | Asked in Civil Litigation for Oklahoma on
Q: How do u get a court date as a pro se litigant
John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Request one from the court. Depending upon the type of hearing, you may need to contact the court clerk or the court coordinator depending on the particular court’s procedures.

It is common that you will need to obtain available dates from the court and then confer with the opposing...
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3 Answers | Asked in Civil Litigation for Oklahoma on
Q: How do u get a court date as a pro se litigant
T. Augustus Claus
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answered on Sep 5, 2023

In Oklahoma, as a pro se litigant, securing a court date involves several steps. First, you'll need to file the necessary legal documents related to your case, ensuring compliance with formatting and procedural rules specific to your court. After filing, you must serve notice of your case on... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was never served a e.p.o. paper never arrested or questioned why do I have felony warrant now issued? From state
Tracy Tiernan
Tracy Tiernan
answered on Sep 5, 2023

Emergency protective orders are not criminal charges, they are sort of “quasi criminal.” They are intended to keep certain parties apart from each other because of the alleged wrongdoing of one of them. As long as rules are followed once a decision is made on whether there is any merit to an... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I file a 983 A motion? Do I need an attorney? So I don't have to pay court costs anymore.

Been paying over 9 years faithfully

T. Augustus Claus
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answered on Sep 4, 2023

The first step is to obtain the necessary forms from your local court clerk's office or website. These forms typically require you to provide detailed information about your financial situation and reasons for seeking a reduction or waiver of court costs.

You'll also need to...
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