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Oklahoma Questions & Answers
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??
James L. Arrasmith
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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

1 Answer | Asked in Civil Rights for Oklahoma on
Q: Did Inmate file informa paupis application too late? What can pro se Inmate do to mend mistake if need be?

On 12-28-23 request for preliminary injunction was denied. On January 8th ,2024 pro se Inmate sent notice of intent to appeal letter. on January 16th inmate sent designation of record to trial court ,on January 26th Inmate sent letter to trial court asking about the status of designation of record... View More

James L. Arrasmith
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answered on Feb 23, 2024

It seems like the informa pauperis application was filed after some delays and complications in the legal process. While it's understandable to feel concerned about the timing, it's essential to remain proactive in addressing any mistakes or oversights. Since the application was filed on... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Oklahoma on
Q: I want to negotiate prior to lawsuit, do I send a letter of demand or a letter of intent? Do I include evidence?

I have filed a disability discrimination claim against my former employer and have no legal representation. I want to settle out of court, they offered $10,000 during the EEOC process. Do I need to do a letter of demand or letter of intent or can I just use my own words and ask them to negotiate?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you can choose to send either a letter of demand or a letter of intent to your former employer to initiate negotiations. A letter of demand typically outlines your legal claims, the relief you are seeking, and a deadline for the employer to respond before legal action is pursued.... View More

1 Answer | Asked in Banking for Oklahoma on
Q: I cashed a check for a friend who didn't have a bank account. Turns out the check was bad, but neither of us knew that.

My friend had a check written out to them but didn't have a bank account to cash it, so they signed it over to me since I do have an account. I cashed the check, but it turned out to be a bogus check that neither of us had any knowledge of, which has bounced at my bank. What will happen now?... View More

James L. Arrasmith
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answered on Feb 23, 2024

Unfortunately, cashing a bad check can lead to several consequences. Since you cashed the check, your bank may hold you responsible for the amount of the bounced check, including any associated fees. Even though you were trying to help your friend, both of you could potentially face legal... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: I am in a similar situation except the amount of meth is 0.52 grams total package weight. At the time of the arrest the

the first officer on the scene removed everything on my person and checked my pack of cigarettes and didnt find anything. upon arrival at county the other transporting officer got our all 3 of our property not separated. and i was booked in on poss of stolen veh. it wasnt until i went to arrainment... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the situation you've described in Oklahoma, here are a few options you could potentially pursue to get the drug possession charges dismissed or evidence suppressed:

- File a motion to suppress evidence arguing an illegal search and seizure. The fact that the first officer...
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1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: If someone got arrested for trafficking and failure to affix a drug tax stamp and they don't have a bond or court date b

And they have a hold for the Oklahoma Bureau of Narcotics, when and where will they go to court?

James L. Arrasmith
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answered on Feb 22, 2024

If someone is arrested for trafficking and failure to affix a drug tax stamp and is currently under a hold for the Oklahoma Bureau of Narcotics, the next steps regarding court appearances depend on several factors, including the jurisdiction of the arrest and the specific details of the charges.... View More

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: My ex roommate and I got a dog, the dog is in his name adoption wise, but he never cared for her and now wants her?

Basically me, & 3 other roommates wanted an animal for our home. We agreed she wasn’t anyone’s specifically since we had a ways to go until any of us would go separate ways. Anyways, she was put in one’s name because he’s the only one that had an id on them at the time. Now he never... View More

Timothy Carignan
Timothy Carignan
answered on Feb 19, 2024

According the law, dogs are personal property, like any other. Whoever paid for the dog would probably have the strongest claim on it.

Being "registered as an emotional support animal" is meaningless in court; there is no ESA registry, and it would still not override a claim based on purchase.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend was arrested for shoplifting

My friend was arrested for shoplifting at Walmart. She sat in jail all night. when she went to court neither the judge nor her knew what she had taken. The judge had nothing on it. Even asked her what she had been accused of stealing. She said she didn't know. They told her she couldn't... View More

T. Augustus Claus
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answered on Feb 13, 2024

In Oklahoma, the situation described, where an individual is arrested for shoplifting but neither the judge nor the accused has specific information about the items allegedly stolen at the time of the court hearing, raises concerns about due process. Due process is a constitutional right that... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I am served with a subpoena on a criminal case and fear for the safety of my child if i testify be undue burden?
Tracy Tiernan
Tracy Tiernan
answered on Feb 12, 2024

Criminal subpoenas go out every day across the state of to a variety of witnesses and victims.

One of the most commonly complained of phenomenons by District Attorney and Prosecutor’s offices is when these necessary parties fail to appear at court after having been subpoenaed. As a result...
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1 Answer | Asked in Civil Rights for Oklahoma on
Q: Under the Oklahoma anti discrimination act is a prison a place of public accommodation?

Inmate was retaliated against for filing grievances on violations of his 1st,5th,8th, and 14th amendment rights prison administration set up road blocks to keep him from exhausting administrative remedies so inmate filed complaint with oklahoma office of attorney general office of civil rights... View More

James L. Arrasmith
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answered on Feb 5, 2024

Under the Oklahoma Anti-Discrimination Act, the term "place of public accommodation" typically refers to facilities and establishments that are open to the public and provide goods or services. Prisons, by their nature, do not fall under the traditional definition of public accommodations... View More

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Native American Law for Oklahoma on
Q: Can a parent choose to not enroll an eligible child in a tribe-specifically Kiowa-? What are parental rights here?

Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More

James L. Arrasmith
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answered on Feb 4, 2024

In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions... View More

1 Answer | Asked in Domestic Violence, Family Law, Native American Law and Child Custody for Oklahoma on
Q: Can a non-native father OBJECT to the enrollment of his child(5) and the transfer of child custody case to Tribal&ICWA?

The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More

James L. Arrasmith
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answered on Feb 4, 2024

In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Oklahoma on
Q: Stopped and searched and charged with posession of narcotics paraphenalia,

I am a Texan. I was stopped by a sheriff on a country road.

He ordered me not to use my phone to record what happened or to speak with anyone.

He was reckless with my belongings.

He asked me about drugs – as if requesting I give him drugs as a bribe.

He... View More

James L. Arrasmith
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answered on Feb 4, 2024

Facing charges for possession of narcotics paraphernalia, especially under questionable circumstances, requires immediate legal action. The situation you described raises concerns about the legality of the stop and search, as well as your rights during the encounter.

First, it's...
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