Oklahoma Questions & Answers by Practice Area


Oklahoma Questions & Answers

Q: What does the word issue, mean when a jury trial is being set.

1 Answer | Asked in Criminal Law for Oklahoma on Jul 28, 2015

Answered on Jul 30, 2015

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Timothy J. Pickens' answer
Usually, immediately before you have your case heard before a jury you have had all your discovery and procedural issues addressed and you can proceed to trial. You should consult with a local Criminal Defense Attorney to discuss the particular facts dealing with your question. TJP

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Q: Is there any way to get the morality clause removed from the divroce decree?

1 Answer | Asked in Child Custody for Oklahoma on Jul 21, 2015

Answered on Jul 30, 2015

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Timothy J. Pickens' answer
You can always file a motion to modify /change the language in your decree. One of the easiest ways to accomplish your request would be to get the opposing party to agree to the change. Then present the motion and the signed agreed order modifying... to the Judge for signature. It is always best to review your specific facts with a local attorney. TJP

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Q: In oklahoma can I have my boyfriend move in if he has a fleony charge and I am trying to get custody of my children back

1 Answer | Asked in Family Law for Oklahoma on Jul 14, 2015

Answered on Jul 28, 2015

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Timothy J. Pickens' answer
Why? Do you want to help the other side with their case against you? That said, it is never a good idea to add a convicted Felon to a custody dispute. But, to say you can't make that decision is not true. Contact a local Oklahoma attorney to sift through the facts of your case to address the issue in detail. TJP

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Q: What are the penalties for drug possession & trafficing

1 Answer | Asked in Criminal Law for Oklahoma on Jul 26, 2015

Answered on Jul 27, 2015

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Timothy J. Pickens' answer
Here are a few Fines to consider:

A. The provisions of the Trafficking in Illegal Drugs Act shall apply to persons convicted of violations with respect to the following substances:

1. Marihuana;

2. Cocaine or coca leaves;

3. Heroin;

4. Amphetamine or methamphetamine;

5. Lysergic acid diethylamide (LSD);

6. Phencyclidine (PCP);

7. Cocaine base, commonly known as "crack" or "rock";

8. 3,4-Methylenedioxy methamphetamine,...

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Q: What can I legally do if my daughters dad threw her out of his house and now wants her back

1 Answer | Asked in Child Custody for Oklahoma on Jul 26, 2015

Answered on Jul 27, 2015

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Timothy J. Pickens' answer
More information surrounding the case is needed, such as, the current custody arrangements and the childs age... Call a qualified family law attorney to address your concerns. TJP

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Q: What constitutes a binding contract in oklahoma? Does it have to be on paper or can it be digital?

1 Answer | Asked in Contracts for Oklahoma on Jun 20, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
A mutual meeting of the minds is the critical determinate. This can be shown by written or verbal communication. Digital would also apply. But, you need to contact a reputable Oklahoma attorney to discuss the facts surrounding your case. Thank you for the question. TJP

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Q: What is the max penalty under Oklahoma Use of a computer for the purpose of violating

1 Answer | Asked in Criminal Law for Oklahoma on Jul 24, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
If you are talking about Oklahoma Statutes Citationized

Title 21. Crimes and Punishments

Chapter 39 - Oklahoma Law on Obscenity and Child Pornography

Section 1040.13a - Soliciting Sexual Conduct or Communication with Minor by use of Technology - Penalty - Jurisdiction

§ 1040.13a. Soliciting Sexual Conduct or Communication with Minor by use of Technology - Penalty - Jurisdiction. Any violation of the provisions of this section shall be a felony, punishable by...

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Q: I am a victim in a criminal case. Can I contact the defendant's attorney?

1 Answer | Asked in Criminal Law for Oklahoma on Jul 21, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
The prosecution doesn't have to work for your cause. If you are not able to get the DA to see things your way, then what you should do is hire your own Oklahoma Attorney to represent your interests. In regards to the defense, you are not restricted from contacting the defense. But, the discussion could be flipped on the accused and construed by the state as the defense tried to influence or intimidate a states witness, you.

Thanks for your question. TJP

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Q: Friend gets pulled over and arrested, booked with no records available. Can he be held past 48hrs?

1 Answer | Asked in Criminal Law for Oklahoma on Jul 24, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
Yes. Weekends can be the cause of additional the time. Be sure to call your Oklahoma Criminal Defense Attorney to help you determine who to use for your bondsman and to address the specifics of your particular case. Thank you, for your question. TJP

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Q: Is a common law marriage valid in the state of Oklahoma? I am getting conflicting information from different websites.

1 Answer | Asked in Family Law for Oklahoma on Jul 14, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
As the old saying goes: The proof is in the pudding! If witnesses, children and the proper documentation are provided you may have the making of a common law marriage. Please call an Oklahoma attorney to discuss the particulars of your case. Thank you, for your question. TJP

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Q: My child is 17 and 15 they want to live with there dad now I haze had them since birth he is the popular.

1 Answer | Asked in Child Custody for Oklahoma on Jul 24, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
The ages of your children are an important factor for the court to decide the issue. But, there are additional factors that you will need to discuss with an Oklahoma attorney to more specifically help you. Thanks, for your question. TJP

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Q: Is there anything else I could use other than a birth certificate to change my name back to my maiden after divorce?

1 Answer | Asked in Divorce for Oklahoma on Jun 24, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
Yes. You should make sure the language in the final decree expresses your desire to take back your maiden name. Then, get a certified copy of the original decree. The decree will usually be sufficient. But, there are exceptions that you will need to discuss with an Oklahoma attorney as they may relate to your situation. Thank you, for your question. TJP

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Q: If the current parent who has custody of a child gets filed for an abetting minor how does that affect child custody

1 Answer | Asked in Family Law for Oklahoma on Jul 23, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
The opposing party might have an opportunity to use this to show that a change in circumstances exists. If there is enough supporting evidence then custody might be challenged.

Please contact an Oklahoma attorney to discuss you case in more detail. Thank you, for your question. TJP

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Q: In oklahoma can You pay a lawyer to contest a divorce & settle your divorce with out your consent and sign your divorce

1 Answer | Asked in Divorce for Oklahoma on Jul 15, 2015

Answered on Jul 26, 2015

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Timothy J. Pickens' answer
The issue of informed consent is very important in relation to giving any authority to an attorney to act on your behalf. You will need to explain in more detail, such as whether or not this was an agreed decree, did you sign an affidavit attesting your consent...

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Q: I want to get marry and I dodnt have papers does that affects me ?

1 Answer | Asked in Immigration Law for Oklahoma on Jul 22, 2015

Answered on Jul 23, 2015

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Shan Dimitris Potts' answer
The information you have given are not clear. Do you want to get married with an US citizen or a legal immigrant or an illegal immigrant? More information is needed to answer this question. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to...

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Q: My mother and father are deceased. My mother was the last to die. Do we after 20 years have to probate her estate?

1 Answer | Asked in Probate for Oklahoma on Mar 21, 2015

Answered on Jul 23, 2015

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Tyler R. Barrett's answer
Assuming your mother's portion of the property was owned in her name alone, as opposed to a trust or joint tenancy, then you will need to probate her estate. Depending on the circumstances, you might be able to sell the house during the probate case, with the court approving the sale. Or you could wait until after the probate case is over and ownership of your mother's portion of the property has been transferred to her heirs as determined by the court, presumably you and your siblings.

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Q: Can I sue my father's widow, for my part of his estate, he had no will, and no children with her.She has not spoke with

1 Answer | Asked in Probate for Oklahoma on Jul 18, 2015

Answered on Jul 23, 2015

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Tyler R. Barrett's answer
I am sorry to hear about your situation. Unfortunately, if the property was owned by your father and his wife in joint tenancy, there is nothing you can do. The property passed automatically to her upon your dad's death, and she is now the legal owner of the property.

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Q: My husbands grandpa just passed away, he had a reverse mortgage on his house. Who is responsible for the mortgage now?

1 Answer | Asked in Real Estate Law for Oklahoma on Jul 19, 2015

Answered on Jul 19, 2015

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Adam Studnicki's answer
Probably his estate. The documents should be reviewed and a lawyer consulted.

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Q: Can some be held responsible for using a family person to purposely hurt another emotionally.

1 Answer | Asked in Injury Law for Oklahoma on Jul 14, 2015

Answered on Jul 18, 2015

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Adam Studnicki's answer
There is not enough information here to answer. Talk to a OK injury lawyer. Be well.

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