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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: Detective Questioned for embezzlement from work place. said he would get back with me, any suggestions
Tracy Tiernan
Tracy Tiernan
answered on Oct 29, 2024

The strongest evidence in a court of law is when a defendant accused of a crime opens their mouth and gives a confession. Most seasoned criminal defense attorneys will tell you never to talk to law-enforcement when you know you’re under investigation for having committed a crime.

Having...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: When there's an application to revoke that's been filed, after a prior one has been dismissed, according to Title 22, th

The first revocation is only a 6 month sanction? If it's just technical violations. Is there any loop holes to consider? Or be on the lookout for?

Tracy Tiernan
Tracy Tiernan
answered on Oct 25, 2024

It’s not necessarily a scheduled formula of punishment. When you violate the rules and conditions of your probation, the state, through the district attorneys office, and the judge have the power to punish you in a variety of different ways including a minimal slap on the wrist to incarceration... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can witnesses for the prosecutor sit with them and whisper things during another witness for the prosecutions testimony?

First witness, the drug task force officer stayed in the court room while the K-9 to unit officer gave testimony. During the 2nd witnesses cross examination the first witness got up from his seat and went and sat with the prosecution whispering to her which caused her to re-cross examine the 2nd... View More

Tracy Tiernan
Tracy Tiernan
answered on Oct 18, 2024

Unfortunately, you have not provided enough information. It’s not clear whether you’re talking about testimony presented at the jury trial stage or a preliminary hearing or some other motion or evidentiary hearing.

As a general rule, any competent criminal defense attorney, at a...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What if police officer lies in a report to make traffic stop seem lawful
Tracy Tiernan
Tracy Tiernan
answered on Oct 10, 2024

Great question! And a very common one. Well, when these things occur you simply hope and pray they have body or dash camera footage of the interaction. If that is not available, then it’s simply a swearing match and each person’s credibility comes into question.

It’s actually the...
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1 Answer | Asked in Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: Once a zoning law is put in place, can it be reversed? Our county clerk says once a law is in place it can’t be changed?

Craig county in OK., is getting ready to vote on zoning concerning wind turbines. The county clerk states once in place it’s basically there forever.

Charles Watts
Charles Watts
answered on Oct 7, 2024

The answer technically is yes it could be reversed .... Theoretically it is not in place forever, but to remove it takes the same procedures as it does to add it. In other words, if your county commissioners are required to have 75% approval to pass something into law, then to 'change'... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My and my sister bought a house together and I live in the house but still owe money to her but we're both on the deed

She's trying to say I can't have my ex boyfriend there and we had no prior agreement about that before I moved in I should be Able to have whoever I want there

Charles Watts
Charles Watts
answered on Oct 7, 2024

Without knowing your specifics and seeing all your documents, if you are both tenants in common on the property, then one's ownership rights cannot be hindered for what would be a legal purpose. Having someone living with you is a legal purpose of a home, and therefore would normally be... View More

1 Answer | Asked in Divorce, Family Law and Education Law for Oklahoma on
Q: If a parent files a VPO against their spouse, can that spouse still have access to the child's educational records?

Both parents are listed as guardians in the school database. The Victim Protective Order does not state anything about educational records.

Charles Watts
Charles Watts
answered on Oct 7, 2024

So long as the VPO is not on behalf of the minor children as well, the VPO does nothing to affect the 'legal custody rights' of the other parent. If the VPO is only in the name of the one parent against the other parent, then access to the children/children's records would remain... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim of a no contact order tries to contact defendant, is it a violation?
Charles Watts
Charles Watts
answered on Oct 7, 2024

In the short answer -- No that is not a violation. In Oklahoma, only a defendant against whom a protective order has been issued may be held to have violated the order. 22 OS 60.6(H) --- Therefore if the Victim makes contact or attempts to make contact, this is not a violation of the order.... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim of a no contact order tries to contact defendant, is it a violation?
Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2024

That’s a very good question! It’s also a very common question which I get asked all the time.

When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: When my grandmother passes will my underage cousin living with her have squatters rights even if house is in my name?

Grandma put her house in my name 5 years ago. Sold to me for $5 to get it out of her name. She still lives there but she wanted to make sure I get it when she passes. Now she has my cousin's son living with her there though (He's 16) and I know they're going to argue when she passes... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More

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1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Seeking Legal Advice on Suing for 2021 Backyard Accident—No Updates on Driver, Not Covered in News. Possible?

Hello,

I am seeking legal advice regarding the tragic death of my grandmother, who was run over by a vehicle in her backyard in September 2021. As far as I am aware, there has been no update on the driver responsible, and the incident has not been covered in the news.

Given the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2024

I'm very sorry for the loss of your grandmother. A local attorney must advise here, as your question involves state procedural law for civil practice (statute of limitations). But you await a response for two weeks. Your question references two regions (Texas and Oklahoma). Attorneys who... View More

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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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