Oklahoma Appeals / Appellate Law Questions & Answers
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
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.
Q: How will we know that the appeals board have made a decision on my son's appeal
A decision will be issued in writing and sent to the attorney that filed the appeal.
Q: How do I get a form to appeal termination of parental rights
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.
Q: Does family of defendant need to talk to news when appeals are about to start
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.
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
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.
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?
Visit www.oscn.net and click on legal research
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
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 »
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 »
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.
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 »
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.
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.
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... Read more »
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 »
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 »
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.
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 »
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
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 »
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.
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??
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?
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.
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.
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
To answer your question requires a ton of research. That is not done for free.
Q: In simplistic terms, what is a per curiam opinion with regard to the Supreme Court?
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.
Q: Can a roomate file her own case even if your on the same lease and I lost case. The attorney on the other side knew judg
We're trying to appeal.but does she have that right.
More facts are need as to what has happened here.
Q: If an appeal was filed June 2014. How long does the court have to make a decision?
It's an estate case.
Ask a local appellate attorney or call the clerk of that court and ask this question.
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