Oklahoma Questions & Answers

Q: I am wanting to send a copy of a person's criminal record and mugshot to the person's employer, can I legally do this.

1 Answer | Asked in Criminal Law and Civil Litigation for Oklahoma on
Answered on Jan 23, 2019
Keegan Kelley Harroz's answer
Employers run their own criminal background checks before hiring a person. Additionally, this is all public record and if the employer cared they can easily look up this information. Regardless of what your reasons are, you are just asking for trouble and opening yourself up being sued. Do not pursue this course of action.

Q: What Oklahoma statute requires a purchaser of alcohol to produce proof of age?

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Answered on Jan 22, 2019
Doak Willis' answer
Yes. Title 37 O.S. Section 600.3 B.

Q: Is it abuse of court discretion to not allow council to withdraw from case in the beginning of a jury trial

2 Answers | Asked in Criminal Law for Oklahoma on
Answered on Jan 22, 2019
Doak Willis' answer
Usually not. It depends of course upon the reason that the attorney is seeking to withdraw from the case. Once a case reaches the stage of a Jury trial, ordinarily the Court will not allow an attorney to withdraw except for very compelling reasons.

Q: My ssi case went through determination and a decesion was made and now its in the review process, what does that mean..

1 Answer | Asked in Social Security for Oklahoma on
Answered on Jan 22, 2019
Samuel Wade Packard's answer
I'll need a little more details to know for sure what the status of your case is. However, I can say that usually once a decision is made on your case, it is sent back to the SSA field office and they issue the decision letters in the mail. They typically won't give you the answer over the phone. In a small number of cases, once the decision is made, the case is picked up for "quality review." When a case goes to quality review, SSA will have a fresh set of eyes examine the decision process to...

Q: my sons father was awarded sole custody 2 years ago and since September he has giving them to me full time

1 Answer | Asked in Child Custody for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
You didn't ask a question. If you were wondering what you should do to get your children's custody returned to you then you would need to hire a good attorney to bring a modification of the Decree if indeed the facts surrounding your case rise to the legal threshold for a modification.

Q: My mother died 2018 w/handwritten will leaving me 2 lots bare land. How can I get it in my name w/o lawyer?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
No unless you know the probate laws of Oklahoma and can do the paperwork required to file in Court to clear up the title to the property. But you would still have to file paperwork in Court.

Q: In Oklahoma, would common law marriage supersede legal court marriage in terms of divorce and the splitting of assets?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
A common law marriage in Oklahoma is a legal marriage just as much as one where a marriage license is procured and then the parties have a traditional marriage before a Judge or other clergy. There is no superseding. In case of divorce or as termed now dissolution, the Court will divide the marital assets and obligations of the parties equitably.

Q: Can a deferred sentence be reduced over time?

1 Answer | Asked in Domestic Violence for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
There is a method of reviewing his sentence but can only be accomplished with the consent of the District Attorney at this point. It would take hiring a good criminal defense attorney who could possibly get the DA to agree. At that point the attorney could file the paperwork to get the case back in front of the sentencing Judge. The Judge must agree also.

Q: Mom died last year the deed was quit claimed to my sister to sell and split 3 ways shouldn't this be an inheritance

1 Answer | Asked in Tax Law for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
The fair market value is determined by an appraisal or by relying upon a Realtor you can trust to set the price to ask when selling the house. When the proceeds of the property are split between the heirs, they will each pay tax on their amount they received. Since there was no probate no estate taxes would be due and unless the estate was huge, no estate taxes would be due anyway. If the property was quit claimed prior to death, it would not be an inheritance.

Q: If pulled over does the cop need to tell me what I did wrong before I give ID? Could I be arrested 4 not compliance?

1 Answer | Asked in Traffic Tickets for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
An officer is under no obligation to first inform you as to the reason that they stop you for a traffic violation. It is always wise to ask in a calm and reasonable manner if indeed you have no idea as to the reason they have stopped you. People usually are aware of the reason but if not ask the officer but don't argue as it usually only escalates into more problems for the driver. As to whether you should hold out on giving your ID to the officer until he tells you the reason for the stop, you...

Q: Who is financially responsible for the medical and dental of a minor child?

1 Answer | Asked in Child Custody, Child Support and Divorce for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
The child's parents are responsible for the medical and dental bills for their child. If divorced, the child support guidelines are used to determine the percentages and amounts that the parents are to be responsible for when the child incurs charges.

Q: I live in Oklahoma can my old landlord charge me for damages after I moved out? If so how long does he have to charge me

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
Yes he can charge you for damages if there are damages. If you left the premises in good condition when you moved then you should contact him and set a time to go over the premises if he claims damages. At that point you will know if your going to get your deposit back or not. The time limitation is just as long as you do nothing. Since he has your deposit, he won't be contacting you. You must contact him if you feel you have money coming back to you.

Q: My sister forged my signature on property we inherited. I turned down an offer but check was in bank already. 2.2million

2 Answers | Asked in Real Estate Law for Oklahoma on
Answered on Jan 21, 2019
Richard Winblad's answer
Sorry for your issues.

It sounds as though your sister forged your name to an acceptance of an offer to sell and that an earnest money check was deposited. I say this because if your name is on the property (completed probate or trust) then you must sign before a notary public.

You should hire an attorney to review the situation. This is especially true if the contract was below market value.

If you don't want the deal, you should take steps now to prevent the sale...

Q: Father of my children has been out of thier lives for over a decade. No child support, no contact.

1 Answer | Asked in Family Law for Oklahoma on
Answered on Jan 21, 2019
Pete David Louden's answer
There are only two ways to terminate parental rights in Oklahoma:

1) the child is adopted or

2) the state can terminate rights for abuse or neglect in a deprived child case.

Even when rights are terminated, that does not stop child support. Child support is still paid unless the child is adopted.

Q: Will this law protect us? If me and my mother are not yet citizens, but we do have green cards, and residents for 10yr+.

3 Answers | Asked in Criminal Law, Divorce, Family Law and Immigration Law for Oklahoma on
Answered on Jan 20, 2019
Kelli Y Allen's answer
I'm not sure of your questions, but as long as you are permanent residents, you don't need to worry about an immigration issue. You may want to consider applying for naturalization.

Q: Can they search our house during a home visit for the Anna McBride program?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jan 18, 2019
Keegan Kelley Harroz's answer
No they do not need a warrant. A defendant is required to waive his or her rights in exchange for being accepted in the program. This also applies to people who are on probation, parole, on bond, etc.

Q: Can I get charged with child neglect after a officer already let me go and said he wasn't going to,

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jan 18, 2019
Keegan Kelley Harroz's answer
Yes you can still be charged. You must hire an attorney right away. Under no circumstances should you ever speak to law enforcement without your attorney being present.

Q: Mother request child support adjustment

1 Answer | Asked in Child Support for Oklahoma on
Answered on Jan 16, 2019
Pete David Louden's answer
It could be that mother never pursued child support from the other fathers or could be the result of a shared parenting plan where the parents split equal time and have similar incomes. There could be several different explanations but the only way to tell you for sure would be to take a look at the other cases.

Q: If my sons mom cancels child support against me do I still pay back child support that I'm behind on?

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Answered on Jan 16, 2019
Pete David Louden's answer
It would depend on your agreement and if any money is owed to the state. If all the money is owed to mom and she is willing to do an agreed order agreeing all support is paid in full you can do that. DO NOT rely on an agreement with her. You need to get a court order. If you do not get a court order it may bite you later in a big way.

Q: Do I still have to do my two year supervision if my 2 years is up

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jan 15, 2019
Keegan Kelley Harroz's answer
That depends on your specific circumstances and the facts of your case. You have not divulged the necessary information. Your best course of action is to seek the advice of your attorney.

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