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Oklahoma Questions & Answers
1 Answer | Asked in Consumer Law and Lemon Law for Oklahoma on
Q: Bought Ford F150, noticed rust under vehicle. No warranty, dealership silence. Options?

I recently bought a 2019 Ford F150 from a dealership and noticed a significant amount of rust under the vehicle, including the spare tire, axle, rotors, calipers, and frame. There was no warranty, and the dealership provided no disclosure documents, though there was a Carfax report online with no... View More

Charles Watts
Charles Watts
answered on Mar 17, 2025

I understand your frustration. Rust on the underside of a vehicle, especially one that is 6 years old, could just as easily be neglect on the previous owner. If the previous owner drove in muddy conditions a lot, such as a construction company and they didn't wash the underside properly, or... View More

2 Answers | Asked in Constitutional Law, Criminal Law, Family Law and Immigration Law for Oklahoma on
Q: Can I pursue bigamy charges if my son's father married someone else while living with me in Oklahoma, a common-law marriage state?

I live in Oklahoma, and my son's father recently married another woman, seemingly committing immigration fraud. We have been living together for several years, sharing a home and finances, and Oklahoma recognizes common-law marriage. I have evidence of our cohabitation, like shared bank... View More

Charles Watts
Charles Watts
answered on Mar 17, 2025

Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child... View More

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2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Municipal Law for Oklahoma on
Q: Are sheriff’s deputies required to give their name and badge number upon request?

The Fairview Police Department was called for a disturbance within city limits, the sheriff’s office was never dispatched or notified for assistance, yet they interjected themselves anyways. They refused to identify themselves while body cams were being used and only once a third party recorded,... View More

Charles Watts
Charles Watts
answered on Mar 13, 2025

I assume you are speaking of Major County sheriff deputies as you mentioned Fairview. A common misconception is the only law enforcement agency that has jurisdiction within city limits is the city themselves. However, this is incorrect. The City of Fairview is located inside Major County;... View More

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: How to change trust beneficiary based on new legal evidence?

I need to change the beneficiary heir of a revocable trust based on new legal evidence, a handwritten document, that names only one beneficiary instead of the current multiple ones. The current beneficiaries are not aware of this change, and I might need to draft a new trust based on this new... View More

Anthony M. Avery
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answered on Mar 9, 2025

Trustee needs to revoke the trust, then declare the new trust with the old corpus placed in it. Hire an OK attorney to execute this trust and notify the former beneficiaries. Litigation will be forthcoming, so trustee needs to prepare to defend his actions.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: the city of Tulsa has a lien on my house. my house in on muscogee creek nation land.

the city of tulsa has violate my native rights

Charles Watts
Charles Watts
answered on Feb 22, 2025

Get with your tribe, however, a lot of people want to claim McGirt changed this, however, it has been ruled and there is controlling law that it does NOT affect land ownership and therefore based on your limited facts, the city has not violated any rights to this point as it is a presumably valid... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can OK DA enhance misdemeanor DWI to felony with TX conviction over 10 years ago?

I received a DWI charge in Oklahoma, and I have a prior DWI conviction in Texas from over 10 years ago. Can the District Attorney in Oklahoma still enhance my misdemeanor DWI charge to a felony given the time lapse between the convictions? Or is the 10-year timeframe calculated from the last... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

The 10 year timeframe is calculated starting at the termination of the first conviction to the date of the commission of the new crime. For example: A person was convicted in 2015 and sentenced (and served) 5 years (putting it at 2015 as start day) but then committed a crime in December 2024, then... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: Will a charge for driving on a permit affect my son's licensing?

My 15-year-old son was caught sneaking out to see a girl and driving with only a permit. He was charged with driving on a permit. Will this prevent him from getting his license before he turns 18?

Charles Watts
Charles Watts
answered on Feb 22, 2025

The answer is 'yes it could affect things' - You need to contact an attorney in your area that specializes in traffic violations. First thing is plead 'not-guilty' -- but you need to get things in order first with an attorney, because under Oklahoma statutes for minor drivers... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Real Estate Law for Oklahoma on
Q: Family member sold my camper without permission, is it theft?

I allowed a family member to live in my camper to prevent them from being homeless. I discovered, through his wife, that he sold the camper without my permission over two weeks ago. The title is in my name, and I have not given any written or verbal permission to sell it. We have not spoken since,... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More

1 Answer | Asked in Domestic Violence, Nursing Home Abuse and Family Law for Oklahoma on
Q: How to handle nephew's threats during guardianship case in Oklahoma?

I am involved in a guardianship case for my mother, who is currently in a nursing home. My nephew, who has no legal stake in the matter, has established residence at her home. Recently, he has made serious threats, including threatening my niece and me, even pulling a knife on me while under the... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

It sounds like you need to file a VPO. Most likely you will not be able to get an exit order because it sounds as if he has stayed at your mothers house for a period of time. The rightful owner, your mother, will have to evict him from the home. You need to contact an attorney to help you with... View More

1 Answer | Asked in Family Law for Oklahoma on
Q: Threatened court action for visitation by father-in-law after wife's passing.

My father-in-law has threatened to take me to court for visitation rights with my children after my wife passed away. We were initially living with him, but after a tornado destroyed our house, he said he couldn’t help with the kids, so we moved into my mom's trailer. We are in Oklahoma.... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

In Oklahoma, 'grandparent' rights are very limited when it goes against the rights of a legal parent. Therefore, this is most likely more of a threat than it would be an actual court action, however, as in all threats of court action, you have to take these issues seriously and you should... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Oklahoma on
Q: Is it illegal for husband to keep children from me during divorce?

I'm currently going through a divorce, and there is no custody agreement in place. My mother is assisting my husband in keeping my two children, ages two and one, away from me. I'm concerned about their well-being while in his care. I attempted to seek legal aid but was denied without... View More

Aaron Bundy
Aaron Bundy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2025

The answer will depend on the circumstances. If there is no court order, you will need to go to court and have a hearing to establish a custody and schedule for parenting time. The Automatic Temporary Injunction that goes into effect when a divorce petition is filed and served prohibits a parent... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Was it legal for police to search my vehicle in Oklahoma without consent after a canine search?

I was pulled over in Oklahoma for a tag light being out; the vehicle belonged to my mother. My passenger had a warrant for her arrest. After we were stopped, the officers removed me from the vehicle to "get to know who he was talking to." They conducted a canine search around the vehicle... View More

Tracy Tiernan
Tracy Tiernan
answered on Feb 15, 2025

There are lots of factors that come into play in determining whether a traffic stop, search, and drug seizure are constitutional or unlawful.

Based on your brief recitation of these facts, they clearly had a right to engage in the traffic stop if your tag light is out. From that point...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Q: What happens when a property co owner passes and they have tenants, is the property available to be sold immediately?

Probate law for landlord and tenants

Property qualifications for title to be sold if a co-owner passes away

Charles Watts
Charles Watts
answered on Feb 4, 2025

If the owner is a co-owner then it depends on how the land was deeded. If the property was right of survivorship then the property shifts entirely to the other co-owner. If it was not right of survivorship then the co-owners 'portion' would have to go through probate (or distributed via... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Due I need a criminal lawyer if I'm charged with a missdometor

I was a passenger in a car that was not mine when we was stopped.Rhey ran my background and no sooner I was in handcuffs because I am a violent convicted felon so I am assuming this is why he was looking to charge me..

I was charged with possession of cds but it was for my subscription... View More

Tracy Tiernan
Tracy Tiernan
answered on Jan 29, 2025

Well, there are quite a variety of misdemeanor charges with which a person can be charged Anything from public intoxication up through possession of a controlled dangerous substance or assault and battery on your wife, husband, someone with eco you have been in a relationship or family member. The... View More

2 Answers | Asked in Criminal Law, Car Accidents, Civil Rights and Constitutional Law for Oklahoma on
Q: If I'm on da supervised supervision do I have to call every morning to check in for a year like drug court in Oklahoma?

I wasn't even charged with a drug or alcohol related offense it was a misdemeanor I was told I would only have to check in once a month for a year

Tracy Tiernan
Tracy Tiernan
answered on Jan 28, 2025

I’m afraid we would need a tiny bit more information to give you an answer with any confidence. However, it sounds like you are not in an alternative court program like Drug Court. Sounds to me like you’re simply on a typical supervised probation. As a general rule when you’re on District... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My ex filed a p.o. on Me and was granted an e.p.o. my ex has continued to message and email me about 15 times last count

What do I do

Tracy Tiernan
Tracy Tiernan
answered on Jan 26, 2025

Emergency protective orders are usually not a two-way street unless specified by the court. In other words, you are prohibited from contact with her, but she is not likewise prohibited from contact with you. It is frustrating and confusing for certain.

My advice would be to record and...
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Q: Hello!Is it legal to use the LYRICS ONLY of a song in a YouTube video? As in, a cappella only my own voice?

I'm a streamer playing Minecraft, Fortnite, etc. and know not to use the actual audio of a song (unless it's copyright free or old enough, etc.), but I'm not sure if I can just sing a pop song by someone famous without potentially getting into legal trouble... YouTube hasn't... View More

Sarah Teresa Haddad
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answered on Jan 25, 2025

If you are seeking to use the captions from a YouTube video as your own lyrics, this may be considered copyright infringement if you are not using the captions for a different purpose, such as for education or commentary purposes in Fair Use.

Captions to a YouTube video are justified for...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My name was removed from my 50 acre ranch without my knowledge or permission by my estranged girlfriend.(Oklahoma)

She apparently forged my signature and claims in the paperwork that I sold the property to her for $10.00. Her mother-in-law is a notary and I believe it is her signature and stamp that is affixed as the sworn witness. What are my options?

Anthony M. Avery
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answered on Jan 17, 2025

Hire a competent OK attorney that litigates real property now. Causes of Actions include setting aside a fraudulent deed, suing the notary and her surety on the notary bond, and conversion. Criminal sanctions may lie, but your lawyer can only pursue civil remedies. Try to ascertain all... View More

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My adult son died without a will. He had a mortgage on his home. Can the bank take the house, if I am able to take over

My adult son died without a will. He had a mortgage on his home. If I am named executor and am willing and able to take over his mortgage payments can the bank take the house if it's worth more than he owes?

James Tack Jr
James Tack Jr
answered on Jan 10, 2025

I am sorry for your loss. When your son died without a will, his property passes by intestacy to his heirs at law. Those generally are his spouse, children, parents, if any. Their right to take is dependent on a variety of factors. If the mortgage payments are delinquent, the bank could seek to... View More

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I have a past 3 year old DUI on my driving record can that be expunged?
Josh Davis
Josh Davis
answered on Jan 1, 2025

If it was a misdemeanor, you are eligible to have it expunged a year after the dismissal or completion of a deferred sentence.

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