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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Does prosecutor have to disclose all of a witness statements or just 1 of their statements

On night of incident a sexual assault a witness gave exculpatory statement..9 days later he was interviewed by detective.. that's only statement I received..does prosecution have to disclose all statements

Tracy Tiernan
Tracy Tiernan
answered on Sep 9, 2024

Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.

If you have independent proof of such a statement (in other words, the...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I get someone in jail released to inpatient drug rehab?

In Oklahoma

Tracy Tiernan
Tracy Tiernan
answered on Sep 6, 2024

Well, that is a bit of a simplification in terms of what a judge, or the state of Oklahoma, might be willing to do. When they arrest someone and place them in custody as they await criminal prosecution for a charge, absent some very special circumstances, they will usually remain in jail until they... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: An offender tore up a house(removed wall) committing crime. Is not charged RESTITUTION. Why is this
Tracy Tiernan
Tracy Tiernan
answered on Sep 3, 2024

That’s a very Interesting question. There are a variety of reasons that factor into whether or not someone charged with a crime owes any restitution at all in the first place. Then there are questions surrounding the manner in which their restitution is to be measured. There are instances where... View More

1 Answer | Asked in Immigration Law for Oklahoma on
Q: How can I get my wife and son permission to enter the US to finish their 10-yr green card application?

My wife and son had a 1 year green card. My wife's grandmother was sick overseas so we paid the application fee to change status and left the USA. USCIS sent back our application because they said we overpaid the application fee. My wife and son's visa and 1 year green card expired. Now... View More

James L. Arrasmith
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answered on Jul 22, 2024

You can explore a few options to get your wife and son back into the US to complete their green card application. One approach is to apply for a returning resident visa (SB-1), which is designed for lawful permanent residents who have been outside the US due to circumstances beyond their control.... View More

2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I found an unpublished manuscript that was written in 1860. Can I publish it and make money?

This is an interview with a choctaw native american man who had told the author the history and cultural practices of the tribe.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

If you have found an unpublished manuscript written in 1860, detailing the history and cultural practices of the Choctaw tribe, you may be able to publish it and make money from it. Here are the key considerations:

Copyright Status

Public Domain: Works published before 1924 are...
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2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I found an unpublished manuscript that was written in 1860. Can I publish it and make money?

This is an interview with a choctaw native american man who had told the author the history and cultural practices of the tribe.

James L. Arrasmith
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answered on Jul 21, 2024

Publishing an unpublished manuscript from 1860 involves several considerations. First, you need to determine if the manuscript is still under copyright. In the United States, works published before 1924 are typically in the public domain, meaning they are free to use. However, because this... View More

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1 Answer | Asked in Constitutional Law for Oklahoma on
Q: Can you carry in the gathering place in Tulsa Oklahoma

I saw an auditing video and very confused since the gathering place is privately owned but open to the public so would that be considered public property where you can carry or does the private property apply and the rules the private property have apply over the law

James L. Arrasmith
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answered on Jul 21, 2024

The Gathering Place in Tulsa, Oklahoma, is privately owned but open to the public. This means that even though it is accessible to everyone, it remains private property. Therefore, the owners can enforce their own rules and regulations regarding carrying firearms.

In this case, the rules...
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1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I offered for a couple with three children to spend a few days in my house until they found a place. Refusing to leave

They have occupied my home for a month and are damaging my home without payment.

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. No good deed goes unpunished. I'm sorry your kindness was met with this outcome. One option is to reach out to landlord-tenant attorneys in Oklahoma to discuss your options - they have insight into these types... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Oklahoma on
Q: Can you get a liquor license in Oklahoma if you have felony convictions not related to alcohol or the sale of alcohol

None were charged as violent simple possession of CDs and exploitation by care taker are the charges from 2009 and 2010 and 2018. All sentences have been completed for all charges no probation nothing left to do on any charges...able has denied my license due to a conviction of a violent felony.... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for providing the details of your situation. In Oklahoma, the ability to obtain a liquor license with a felony conviction depends on several factors:

1. Nature of the offense: Generally, non-violent felonies that are not related to alcohol or the sale of alcohol may not...
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2 Answers | Asked in Immigration Law for Oklahoma on
Q: Currently In USA on B1 visa. Just received the immigration green card interview date in home country. Can I do it here?

I am currently in the USA on a B1 visa. I’ve received a letter from USCIS stating that my family immigration interview is scheduled in my home country within the next 3 months. However, I plan to remain in the USA during this period. Is there a way I can request USCIS to conduct my interview here... View More

James L. Arrasmith
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answered on Jun 29, 2024

Here's a concise response to this immigration law question:

Generally, if you applied for an immigrant visa through consular processing, you must attend the interview at the U.S. embassy or consulate in your home country. USCIS typically does not conduct green card interviews for...
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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Upon my ex & I divorcing in TX I was awarded half of his retirement. He stopped paying. How do I enforce as I live in OK

My ex is retired military. DFAS will not enforce because of the 10/10 rule. We we married for 6 years opposed to 10 years. When our son graduated high school 2022 he stopped payments and evades attempts to contact. I also do not think he was paying half before. I have no way to verify this.

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You need to hire a Texas attorney in or near the county where your divorce decree was entered to enforce the property division set forth in the Decree. If your spouse was ordered to pay monthly, was paying monthly, then stopped, you have two years from the date of the first missed payment to file... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Estate Planning for Oklahoma on
Q: Can a poa become successor trustee on a notarized affidavit signed a month before trust is changed

Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation involves complex legal issues related to trusts, power of attorney, and potential financial exploitation. Based on the information provided, here are some key points to consider:

1. Power of Attorney (POA) vs. Successor Trustee: These are typically separate roles with...
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2 Answers | Asked in Civil Litigation, Civil Rights and Estate Planning for Oklahoma on
Q: Can a poa become successor trustee on a notarized affidavit signed a month before trust is changed

Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The settlor (maker) of a trust can name any competent adult as trustee or successor trustee as long as the settlor himself is a mentally competent adult.

The principal (maker) of a power of attorney can name any competent adult as his attorney-in-fact or agent as long as the principal...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Oklahoma on
Q: Why would a lawyer say it’s not ideal to get engaged for a custodial battle

Boyfriend will not propose because his lawyer told him it will negatively affect him in a child custody trial, is that correct? However, his lawyer has not stayed in consistent contact with him (it’s been a month and a half since they last spoke) nor has done anything to move the case forward for... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Generally speaking, showing a stable, consistent home environment is desirable in almost all custody cases. An engagement and impending marriage introduces change. The nature and degree of that change can be a negative factor in a custody case. Everything depends on the particular facts and... View More

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: In Oklahoma if my father passed away and jm his only heir.how do I get a land title?

I've been paying the taxes on it for years

James L. Arrasmith
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answered on Jun 22, 2024

To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:

1. File a petition for probate in the county where your father resided or where the property is located.

2....
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I was denied my medication when I was booked into city jail and made me miss two different doses and withheld my inhaler

I need to know if I have a case or not and wat kinda of lawyer do I need and I'm broke I can't afford to hire a lawyer unless one can work with my financial situation

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information provided, you may potentially have a case, but it's important to consult with a lawyer who can review the specific details of your situation. Here's some general guidance:

1. Potential case: Denying necessary medication and medical devices like inhalers to...
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2 Answers | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: How do i get justice for loud noise complaint that the oklahoma police department is doing nothing about it

i have many videos of this noise complaint

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

You can file a civil lawsuit against the individual(s) causing the loud noise for nuisance seeking an injunction to abate the nuisance. Your should a civil litigation attorney in or near the county where the noise complaint is occurring. Because of the nature of this matter, expect to pay a... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: How do i get justice for loud noise complaint that the oklahoma police department is doing nothing about it

i have many videos of this noise complaint

James L. Arrasmith
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answered on Jun 17, 2024

To address your loud noise complaint, start by documenting everything meticulously. Keep detailed records of the dates, times, and nature of the disturbances, and save all the videos you have. These records will be crucial when presenting your case.

Next, reach out to your local city...
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1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Oklahoma on
Q: Can I find out how much a company made in a year legally without infringing on They're privacy ?

I had performed the job for a independent contractor that my boss was working for who is an independent contractor himself and afore mentioned party did not pay me.

James L. Arrasmith
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answered on Jun 15, 2024

Finding out how much a company made in a year can be tricky but there are legal ways to gather this information. If the company is publicly traded, you can access their financial statements, which are usually available on their website or through financial databases. These reports include annual... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Scenario: I manage a grocery store, And one of my employees were going to their car on a break.

When a homeless man picked up a rock from out parking lot and started to attack her, I ran over and pushed the guy off of her. A week later I was given a subpeona to appear in court to testify as a witness, AFTER the incident occurs I find out the man is mentally ill.

Ultimately my... View More

James L. Arrasmith
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answered on Jun 15, 2024

In this situation, you acted to protect your employee from an immediate threat. Your actions were in defense of another person, which is generally considered justified under the law. Self-defense and defense of others are legal principles that allow the use of reasonable force to prevent harm.... View More

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