Oklahoma Questions & Answers

Q: If parole officer put you in jail,how long do they have to file new charges.and if arrested on revocation

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 18, 2019
Keegan Kelley Harroz's answer
If you were arrested on a motion for revocation warrant, the judge must schedule a court date for you within 20 days of your arrest.

Q: Are they allowed to hold your property in the vehicle for collateral or can you get it

1 Answer | Asked in Intellectual Property for Oklahoma on
Answered on Mar 18, 2019
Griffin Klema's answer
This is not an intellectual property question, but rather a personal property issue. Consider re-posting the question under the correct topic.

Q: I'm the guardian of my 2 nieces.The dad is the est. father of 1, not the other. Are visits reqr'd for the non est child?

1 Answer | Asked in Adoption, Child Custody, Child Support and Probate for Oklahoma on
Answered on Mar 16, 2019
Kyle Persaud's answer
Before you can collect child support from this man, the man would have to be "adjudicated" the father -- that is, a judge would have to rule that he is the father.

If this man has not been adjudicated the father, is would appear that he does not have visitation rights. But, if the man is adjudicated the father, the court could give him visitation rights.

Q: i am a mother in oklahoma whose 5 children were illegally removed by falsifying documents, i have my case file on hand

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Oklahoma on
Answered on Mar 16, 2019
Kyle Persaud's answer
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 condition of the children, the condition of the home, and behavior of the parents.

If you can afford an attorney, it's probably best for you to consult one.

Q: I have a tractor service I brush hog along the side of roads .and build driveways what color of flashing lights can I ha

1 Answer | Asked in Products Liability and Agricultural Law for Oklahoma on
Answered on Mar 16, 2019
Kyle Persaud's answer
To see the rules for what color your lights have to be, click here:

https://www.govinfo.gov/content/pkg/CFR-2018-title49-vol6/pdf/CFR-2018-title49-vol6-sec571-108.pdf

Scroll down to page 434. Beginning on page 434, you see a series of tables that tell the color that lights have to be.

Q: If a landlord issues a 30 day to vacate without going to court to evict but accepts next months rent what are my rights?

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Mar 15, 2019
Kyle Persaud's answer
Your landlord can terminate the lease anytime he wants, if he gives you thirty days notice.

However, you may be legally entitled to a refund of next month's rent.

Q: If I am renting a home that the owner is supposedly selling can she kick me out in 2 days? What are my rights?

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Mar 15, 2019
Kyle Persaud's answer
If there was no written contract, then, your tenancy is presumed to be a "tenancy at will" and can be terminated by the landlord at any time. Okla. Stat. tit. 41 sec. 1

However, "thirty days notice in writing is necessary to be given by either party before he can terminate a tenancy at will." Okla. Stat. tit. 41 sec. 4. So, unless an exception applies, your landlord has to give you at least 30 days notice before she can kick you out.

However, state law also says, "When the time...

Q: How do I get a form to appeal termination of parental rights

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Answered on Mar 15, 2019
Pete David Louden's answer
An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.

Q: Can my husband use the spousal privilege in this case to not testify against me?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 15, 2019
Keegan Kelley Harroz's answer
Maybe. You should hire a defense attorney to represent your in the VPO hearing.

Q: Hello my husband shot at his brothers girlfriend car yesterday and he is being charged with Attempted to shooting

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 15, 2019
Keegan Kelley Harroz's answer
This is a violent 85% felony offense. He needs to hire an experienced criminal defense attorney immediately.

Q: If I am a green card holder and I get married to a US citizen will I be able to fill the N-400 earlier

2 Answers | Asked in Immigration Law for Oklahoma on
Answered on Mar 14, 2019
Deron Edward Smallcomb's answer
If your green card was obtained as a result of being married to the same US Citizen, then you would likely be eligible. You should contact an experienced immigration attorney to determine your options.

Q: If I was walking near the railroad tracks and stopped by a cop of the railroad and no charges where pressed

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 14, 2019
Keegan Kelley Harroz's answer
You will usually receive a citation at the time of the offense. It is not impossible, but it is unlikely that you will be charged. In the future, stay away from railroad tracks.

Q: Is it better to get a lawyer and a land surveyor from the city, town or county that the land is located in?

1 Answer | Asked in Probate for Oklahoma on
Answered on Mar 14, 2019
Kyle Persaud's answer
I personally think that it does not matter whether you have a lawyer or land surveyor from the city, town, or county in which the land is located.

Oklahoma real property law is the same throughout the state. Therefore, a lawyer who is competent to practice real property law in Oklahoma, should be competent to practice real property law anywhere in the state. The same with land surveyors; if a land surveyor is competent to practice in Oklahoma, he should be competent to practice...

Q: My son has mental issues and physically disabled. He was arrested we bonded him out but cannot afford attorney what now

2 Answers | Asked in Criminal Law for Oklahoma on
Answered on Mar 14, 2019
Kyle Persaud's answer
File an application for a court-appointed attorney. Your son may be able to qualify.

Q: If I was fired from my job for making an online threat but no charges is it possible to work for the government still

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Mar 13, 2019
Kyle Persaud's answer
This would depends on the rules of the government agency for whom you want to work.

Q: Does a vehicle have to yield to a pedestrian attempting to halt its movement by stepping in its path?

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Small Claims for Oklahoma on
Answered on Mar 13, 2019
Kyle Persaud's answer
There are a number of offenses, for which each driver may be liable.

Driver A may be guilty of assault. "An assault is any willful and unlawful attempt or offer with force or violence to do a corporal hurt to another." Okla. Stat. tit. 21 sec. 641. A attempted to injure B with A's car.

Driver B may be guilty of maliciously injuring a motor vehicle, because Driver B kicked the door repeatedly. Okla. Stat. tit. 21 sec. 1787 .

Q: What are the eligibility requirements to have a deferred felony expunged and should I acquire legal counsel for this?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 13, 2019
Kyle Persaud's answer
If you've completed the conditions of the deferred sentence, the case should be expunged.

Yes, you should acquire legal counsel for this. Expungements of deferred sentences are likely too difficult for you to handle yourself.

Q: If a child moves out of oklahoma, would the child support case be transferred as well?

1 Answer | Asked in Child Support and Family Law for Oklahoma on
Answered on Mar 13, 2019
Kyle Persaud's answer
This is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Uniform Interstate Family Support Act (UIFSA).

Both the UCCJEA and UIFSA are very complicated. There are many factors to be considered in deciding whether to transfer a child support case, and in determining which state has jurisdiction. Based on the limited information you have provided, I cannot answer as to whether this case should be transferred out of Oklahoma.

To read the...

Q: I am looking for the paper to fill out to terminate the guardianship in place for my daughter.

1 Answer | Asked in Family Law for Oklahoma on
Answered on Mar 13, 2019
Kyle Persaud's answer
Oklahoma state law says:

"A guardian may be removed by the district court for any of the following causes:

1. For abuse of his fiduciary responsibility.

2. For continued failure to perform his duties.

3. For incapacity to perform his duties.

4. For gross immorality.

5. For having an interest adverse to the faithful performance of his duties.

6. If the instrument in which the person was nominated as guardian is judicially determined to be...

Q: I have an deferred felony charge burglary in the 2 degree from 2006 in Oklahoma, can I still purchase a firearm?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 13, 2019
Keegan Kelley Harroz's answer
If your deferred sentence has expired, meaning that your probation is over and your case has been dismissed, AND you don't have anything else that prohibits you from purchasing a firearm, yes you can purchase a firearm. You would be wise to expunge the felony offense as soon as you are eligible.

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