Oklahoma Questions & Answers

Q: Is post prison supervision something every offender has to do when released from prison?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jul 22, 2016

All persons convicted and sentenced to imprisonment for state felonies in Oklahoma after November 1, 2012, are subject to nine (9) to twelve (12) months post-imprisonment supervision under the rules and conditions prescribed by the Oklahoma Department of Corrections. See: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=466225
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Q: How do u find out if i have a trust fund that was set up for me when i 3 due to a car accident.

1 Answer | Asked in Car Accidents for Oklahoma on
Answered on Jul 18, 2016

Go to the courthouse.Look up any lawsuits under your name, your mom/dad/caretaker relatives name. Contact the attorney representing you at the time. Ask them. Also look to see if there was a "petition to authorize minor's compromise" or similar.

Look at that--that would list a bank. Last, do a google search under "unclaimed funds" and your name & state.
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Q: I changed my child's last name and had the court records sealed. What is the downside? How do I reverse this?

1 Answer | Asked in Civil Rights for Oklahoma on
Answered on Jul 8, 2016

Downsides may be depending on state, how birth records are kept, if they need a copy of the birth certificate etc, may be a problem for them. Seems to me they should be allowed to make that choice as an adult. You ask the court to reopen and have good reasons why you are flip-flopping. If you didn't have a lawyer when you did this first time consider getting one. If you did, why not talk to that lawyer.?
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Q: My insurance company offered me $25k for totaled car, when my car has NADA clean retail value of $30k. What should I do?

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Oklahoma on
Answered on Jun 29, 2016

Lawyers give free consultations. If it did that much damage you may have an injury but just want to say "Oh, my shoulder, that 's nothing..." then months later you get a rotator cuff. So contact a member of the OK Trial Lawyers Assn --they give free consults. Look at your policy--do you have more than 25k in coverage? Sounds to me if OK law is what you said, you should get more.
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Q: if I was convicted of a UUMV am I liable for the money the insurance company gave the owner? Car was undamaged, returned

1 Answer | Asked in Criminal Law, Insurance Defense, Car Accidents and Insurance Bad Faith for Oklahoma on
Answered on Jun 29, 2016

Presumably they have an appraisers report saying there was damage. You have to prove their wasn't. Won't be that easy.
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Q: Will i go to jail for switching a tag at walmart under $40?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jun 18, 2016

The information you have offered is too general to give a meaningful response. (And by no means should you put any more details or facts about your case on a public website).

You indicate that you received a ticket with a court date but did not indicate for what. I'm going to assume that it was a municipal court citation for larceny. Municipal offenses are generally easier to handle than state charges. However, switching UPC bar codes could be filed as a felony in Oklahoma. That...
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Q: How does oklahoma determine what county charges are filed in. Property was stolen in one county and recovered in anothe

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jun 15, 2016

Venue (where criminal charges can be properly filed) requires a connection of the crime to the county. In your scenario, venue for criminal charges could be in either county or both. The individual could be charged in the first county with larceny (or possibly burglary or robbery depending on the facts) and could also be charged in the second county with possessing/concealing stolen property.
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Q: What are the statute of limitations on 3rd dui leaving scene of accident where damage was done and eludin police?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jun 15, 2016

A statute of limitations requires the prosecutor to file charges within a certain period of time after the commission of a criminal offense. For DUI and eluding, the statute of limitations in Oklahoma requires the prosecutor to file charges within three (3) years. (See generally Oklahoma Statutes, Title 22, Section 152: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70298). The time counting towards the three (3) year period only accrues if the accused is in the state; if...
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Q: I live in Oklahoma. I fired my attorney before he got all of the bills. How can I fight his fee?

1 Answer | Asked in Personal Injury for Oklahoma on
Answered on Jun 13, 2016

You may want to at least consult with another attorney as to your rights and the attorney's rights to his attorney fees. You should read the Attorney Client Contract to see what language (if any) applies in this situation. Typically, an insurance company will take the case / claim more seriously if you are represented. Good luck.
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Q: My ex husband and I filed chapter 13 on our mortgage in 2007 and in 2008 got divorced.

1 Answer | Asked in Bankruptcy, Consumer Law and Family Law for Oklahoma on
Answered on Jun 9, 2016

If you surrendered the home in your prior bankruptcy, you may have a claim against the mortgage company violating the discharge. You should contact your previous bankruptcy attorney about this matter as you may have a claim against the mortgage company. If your prior Chapter 13 bankruptcy was dismissed instead of discharged and you are still on the mortgage the mortgage company can still collect against you even if your former spouse was awarded the home and debt in a divorce. If you former...
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Q: Am I allowed to take my children to work with me?

1 Answer | Asked in Employment Law, Family Law and Juvenile Law for Oklahoma on
Answered on May 23, 2016

I have never heard of any such laws that would prevent a parent from taking children to work. Most employers do not allow it as it tends to negatively effect productivity and there could be an issue if the child were to be injured at the office.
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Q: have there been any new developments or changes in worker's compensation laws in Oklahoma

1 Answer | Asked in Workers' Compensation for Oklahoma on
Answered on May 12, 2016

In 2014 Oklahoma switched from a court system to an administrative system. For injuries occurring on or after February 1, 2014 the claim is processed through the administrative system. The change in the law from the old system to the new system are significant. The full extent of the new law is under review through the court system which is interpreting the new law. For example on April 12, 2016 the Oklahoma Supreme Court decided Maxwell v. Sprint PCS 2016 OK 41 and clarified the permanent...

Q: In OK Probate, Title 58 Sect. 331, presentment date has to be at least 2 months. How do you determine what a month is?

1 Answer | Asked in Probate for Oklahoma on
Answered on May 12, 2016

For purposes of Title 58, Section 331 of the Oklahoma Statutes, the minimum notice is 60 days. If the presentment date stated in the notice falls on a Saturday, Sunday or legal holiday, the presentment date is deemed to be the next day which is not a Saturday, Sunday or legal holiday. The statute also sets forth publication requirements.

The Personal Representative must consult all sources at hand to determine the known creditors of the deceased. In the event a creditor does not receive...
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Q: if i work over 40 hrs a week by ok. state law are they required to pay me overtime wages

1 Answer | Asked in Employment Law for Oklahoma on
Answered on May 5, 2016

You should consult with your state labor department or a local lawyer to see if you are owed wages. Federal law (which applies in all states) requires the payment of time and a half for hours worked in excess of 40 hours a week -- if the worker is covered by the Fair Labor Standards Act. It is not possible to answer your question without knowing more about what type of position is being discussed. Your state labor department will be able to help you understand both the federal and the state...
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Q: what steps/rights do I have to get my personal property back?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Mar 25, 2016

If it is worth that much, find a local attorney to send her a demand letter. A good attorney may also find other things to go after (such as wage and hour violations, final paycheck issues, etc.), and many attorneys will do flat rate work for a simple demand letter.
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Q: I have been notified that my unemployment insurance award is being appealed by my former employer.

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Oklahoma on
Answered on Mar 15, 2016

If they have attorneys, you will want your own. It would be like showing up to a race and they bring in a supped up sports car and you just bring your van. Maybe you win, but you are already at a disadvantage.
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Q: How do I go about responding to Interrogatories?

1 Answer | Asked in Car Accidents for Oklahoma on
Answered on Mar 8, 2016

Did you have automotive liability insurance at the time of the accident? It is required in many states: either get insurance or don't drive. If you did have insurance, your insurance carrier should pay for an attorney.
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Q: I was recently denied "Homestead Exemption" due to me not owning the property. I bought the house a few years back.

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Mar 7, 2016

You need to hire an attorney that deals in real estate matters as the Title Company may not be telling you the truth. A good attorney can look at the deed and inform you what your rights are concerning the property.
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Q: Need answers about family law asap

1 Answer | Asked in Family Law for Oklahoma on
Answered on Mar 7, 2016

You should immediately hire an attorney who practices divorce law and relate all facts to the attorney and they would be able to direct you in the right direction in order to represent you on the protective order and filing the necessary pleadings to see your children.
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Q: My daughter's dad is over 8000$ behind in Child support. Can my husban adopt her without her father sign over his right

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Answered on Mar 7, 2016

No. The natural father would have to consent to the adoption which would require him to voluntarily terminate his rights. You could go through child support enforcement and if he fails to pay thereafter for the requisite amount of time his rights could be terminated.
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