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Oklahoma Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Oklahoma on
Q: I need help on I guess filing a motion for a new trial or reconsider motion are filing an appeal for a misdemeanor petty

If I file an appeal it's going to cost me $370 and I have to do it before September 30th or I won't get to a pill at all but I was hoping that maybe there was a way I could ask the judge for a new trial or for a reconsider

Brian Boeheim
Brian Boeheim answered on Sep 22, 2019

What county was this in, or was it a municipal case?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Guess my name is Megan Fifield and I am looking for an attorney that does pro bono if not based off your income

I need to file an appeal by September 30th on a criminal misdemeanor petty larceny I was found guilty when I was representing myself on the 19th of September it was an incident at Walmart in the self-checkout but if you get back to me I can explain more to you because I want to fight this cuz I'm... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 22, 2019

What County was this in, or was this a municipal case?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: withdrawing my plea& was told to write out why an take to court clerks office to be filed. How do I write it correctly?

I mean do I write Dear Judge ____, or to whom it may concerns

Keegan Kelley Harroz
Keegan Kelley Harroz answered on May 16, 2019

There is not a specific form. You need to state that you want to withdraw your plea and the reasons why you want to withdraw your plea.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: How will we know that the appeals board have made a decision on my son's appeal
Keegan Kelley Harroz
Keegan Kelley Harroz answered on May 8, 2019

A decision will be issued in writing and sent to the attorney that filed the appeal.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How do I get a form to appeal termination of parental rights
Pete David Louden
Pete David Louden answered on Mar 15, 2019

An appeal is more involved than filling out a form. There are several steps and time limitations. Meet with an attorney that handles appeals and they will be able to fully explain the process and help you file the appeal.

2 Answers | Asked in Appeals / Appellate Law for Oklahoma on
Q: Does family of defendant need to talk to news when appeals are about to start
Pete David Louden
Pete David Louden answered on Jan 27, 2019

You should speak with the attorney for the defendant and seek guidance on this issue. The attorney can tell you what potential impact it may have on the case.

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1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Oklahoma on
Q: how do I find help on a appeal when she used legal aid and judge seen text where she told me to come and still granted p

my sons mom filed a protective order so I cant see and stop me from getting joint custody of my son and the judge seen text where she told me to come at 8 and still granted it and she used legal aid so they cant help me I got 14 days to file a appeal where do I find help

Pete David Louden
Pete David Louden answered on Nov 29, 2018

This sounds like you may have tried to represent yourself without an attorney. Best possible thing you can do is hire an attorney now so that they can help you. Use the find a lawyer feature on avvo and you can select from many highly qualified lawyers.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: Where would I research the laws or statutes that govern the suspension of a driver's license and their effective dates?

What gives the state of Oklahoma the right to suspend driving priveledges for a drug offense when the was no vehicle involved to be in operation?

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Nov 4, 2018

Visit www.oscn.net and click on legal research

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Knowingly and concealing stolen property is what my husband got revoked for is it possible to get an released early

He had already had a yr revoked leaving 7 more. His time would have been up In 3rd month next year. Can a revoked happen twice. would an appeal slow down his time or would it help

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Aug 31, 2018

Yes, you can have your probation partially revoked which makes it possible for the remaining portion to be revoked later. This is the situation you seem to be describing. I’ve seen people be partially revoked my entire career and it’s common. He still had paper time to be revoked so everything... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Conflict of interest. Both were assigned the same lawyer.

6 yrs ago my now fiance, and his then ex wife had both got into trouble and during the sentencing they were both assigned the same lawyer. When the conviction came about he took the plea of 15 years (violent charges) and also agreed to it, if they showed her favor. So that they did. She got a... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Jul 8, 2018

It sounds like he consented to the representation and therefore waived his rights. He voluntarily negotiated a plea agreement and is going to have to live with that decision.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Probate for Oklahoma on
Q: have a motion to revoke on probation. the judge said it's a schedule 2 review. completed drug rehab

was supposed to go straight to rehab but sister was in a wreck and didn't go till a month after since I didnt have the money. I completed a year rehab still clean. I have court tomorrow and can't find any information on what a motion to revoke probation schedule 2 review. this is my 3rd court date... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Jan 22, 2018

If you are in compliance, and show up with an attorney, you will probably be okay. However, the worst thing that is possible is that you are revoked for the full term of your probation and you go to prison.

1 Answer | Asked in Appeals / Appellate Law and Family Law for Oklahoma on
Q: Can a decision on a gardianship case in oklahoma county family court be appealed if there is new evidence?

The Judge hurried up the matter to the point that the mother's attorney got tome but there was no time alotted to the petitioner.

Gary Johnston Dean
Gary Johnston Dean answered on Nov 26, 2017

Yes, Generally in Oklahoma, you have 30 days after a decision to appeal, or file motions. Some motions however must be filed within 10 days.

Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email updates on...
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1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Oklahoma on
Q: I was denied to be a TFC parent & denied an OKDHS foster kinship because I work. Even with a court order. What do I?

The entire time, the worker has not allowed any form of contact between me and the child. Even though we already have a relationship and she continues to tell him I'm trying to fostadopt.

judge ordered he be moved to my home as soon as possible once my home is approved. Ever since court, my... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jul 1, 2017

Immediately You should consult an experienced Family Law attorney for help .

It would appear that a change of DHS caseworker is in order. You should document the prejudice by this worker. Your employment is not a reason to deny when suitable care is available during your work hours.

Q: Changes to OK §21-1713 (KNWNGLY CONC STLN PRPTY) on July.01.2017?

The laws change due to State-Question 780 in OK on July 01, 2017 and it takes the valuations in 21 o.s. 1713 (KNOWNGLY CONC STLN PROP) up to $1000.00 for classification as a Felony. Below $1.00 to $999.99 of value should be classified as a Misdemeanor correct? Also, if one was charged in the year... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Jun 26, 2017

Changes in the law are not retroactive unless the statute specifically states that the law is retroactive. This means that if the crime is classified as a felony at the time it was committed the crime is still a felony even if committed today it would have been a misdemeanor.

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1 Answer | Asked in Domestic Violence, Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Can a domestic A&B be dismissed if police failed to view hospital parking security video & only had witnesses reports?

If a person plead guilty to $50 fine because their public defender told them that the DA still had enough witnesses testimonies of the defendant assaulting the victim and later defendant finds out that video is called exculpatory evidence & the police failed to view & preserve that video (to help... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jun 24, 2017

In criminal law, there are very important time frames for appeals and motions to withdraw pleas.

You should IMMEDIATELY contact an experienced Criminal Law Attorney for help. Convictions for domestic violence carry LIFETIME Ramifications!

Gary J Dean, Attorney

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Libel & Slander for Oklahoma on
Q: Is renting furniture from a place like aarons renting it for a month then calling them to come pick it up and returning

It all back to them is that a civil or criminal case and how would i get an embezellment charge for that this is crazy please let me know and then i will tell you the hell ive been thru because of this and had to pay allmost 4000 dollars to them to get out of jail because they charged me with... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Apr 12, 2017

Without having all the information regarding your case, I can not give any advise on whether this is a valid charge or not, but regardless, you definitely need a lawyer to help you with the criminal case. I suggest hiring an attorney immediately.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Laws on revocation.

I discharged my Suspended sentence 6/2016 app to revoke was issued 8/16, warrant was issued 11/16. At my hearing the judge said he did not care that I completed my sentence. What can I do??

Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 24, 2017

Based on your question, there would not be any jurisdiction over you and no crime. Is it possible that you had some unpaid fines and the suspended sentence was not discharged yet?

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Oklahoma on
Q: I have been notified that my unemployment insurance award is being appealed by my former employer.

They have hired 3rd party people to represent them at the hearing. I assume they are lawyers. Do I need a lawyer to represent me at this hearing? Also, I live in Alabama but my UI claim is going through the OK Employment Security Commission.

Mr. Michael O. Stevens
Mr. Michael O. Stevens 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.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: are there any recent felony murder reversals?

i was recently convicted of,felony murder, and would like to know if there have been any recent reversals

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

To answer your question requires a ton of research. That is not done for free.

1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: In simplistic terms, what is a per curiam opinion with regard to the Supreme Court?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

In law, a per curiam decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively and unanimously.

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