Oklahoma Civil Rights Questions & Answers

Q: What are the laws of audio and video inside your house of children being envolved or people walking in your house.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Securities Law for Oklahoma on
Answered on Apr 13, 2019
Pete David Louden's answer
There is no law against people having security cameras in their homes. Almost every place you go now has security cameras: homes, schools, parking lots, stores, government buildings, etc.

Q: How do i get my kids back the judge gave her other 30 days to get more evidence against me and they have cameras

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for Oklahoma on
Answered on Apr 13, 2019
Pete David Louden's answer
Bottom line, you need to hire an attorney to represent you at the next hearing. Your odds of presenting an effective case are much better with an experienced attorney.

Q: I was given papers of Exicution if replevlin and order of delivery I'm currently leasing the mobile home. PTAFA????

1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on
Answered on Apr 8, 2019
Kyle Persaud's answer
Was there actually a foreclosure lawsuit filed?

A foreclosure lawsuit is when there is a mortgage on a home, and the creditor files a suit against the homeowner, arguing that the homeowner has not paid the mortgage, and the creditor seeks to repossess the home.

You are talking about a "replevin" and an "order of delivery." That's different from a foreclosure. A "replevin" lawsuit occurs when someone claims that you have items that belong to him, and files suit against you,...

Q: How can a family caregiver get the right to occupy a deceased mother's home

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Answered on Apr 5, 2019
Kyle Persaud's answer
This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your deceased relative. You may have to go to the office of the county clerk to find this document.

Then look at the deed. When you look at the deed, ask the following questions:

1. Does the deed...

Q: in the state of Oklahoma can a employer call and request proof of jury duty from the local court system?

1 Answer | Asked in Civil Rights for Oklahoma on
Answered on Apr 1, 2019
Kyle Persaud's answer
Oklahoma Statutes, title 38, section 36, says

"A. Persons serving as jurors during a trial shall not be asked or required to give their complete residence address or telephone number in the presence of the defendant.

B. Names and personal information concerning prospective and sitting jurors shall not be disclosed to the public outside open court, except upon order of the court. A request for disclosure of petit jurors' names and personal information shall be made in writing...

Q: i (an 18 year old) live with my parents and they say they have the right to all of my things even if i paid for them

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Small Claims for Oklahoma on
Answered on Mar 31, 2019
Doak Willis' answer
You are an adult at age 18. Anything you purchased with your own money is your property no matter where you live. Even if your parents gave you money as a gift or you earned it, anything you purchase with those proceeds is your property.

Q: Can a 16 year old almost 17 move out of their parents home legally? Is the parent responsible for any trouble they cause

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Answered on Mar 31, 2019
Doak Willis' answer
There is no legal method of allowing your daughter to move out on her own. However, many children that age do so and DHS is reluctant to get involved. As for you being liable for trouble she may cause, there is that possibility that you could indeed be held liable for her tortious actions.

Q: Are DA investigators (county detectives) immune from civil tort claims for malicious prosecution?

1 Answer | Asked in Civil Rights for Oklahoma on
Answered on Mar 21, 2019
Kyle Persaud's answer
Unfortunately, under Oklahoma State Law, you can't sue a district attorney or his employees for performing prosecutorial functions. See White v. State ex rel Harris, 2005 OK CIV APP 79 (available online at http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=2005+OK+CIV+APP+79)

Q: i am a mother in oklahoma whose 5 children were illegally removed by falsifying documents, i have my case file on hand

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Oklahoma on
Answered on Mar 16, 2019
Kyle Persaud's answer
I can't tell whether the children were legally removed, simply by looking at the documents alone.

The question as to whether it is legal to remove children from a parent's custody, depends on a great many factors. I would have to know the circumstances of the removal, the condition of the children, the condition of the home, and behavior of the parents.

If you can afford an attorney, it's probably best for you to consult one.

Q: i want to sue a District Attorney Investigator. Who do I send notice of a tort claim to? City, County, or State?

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Oklahoma on
Answered on Mar 11, 2019
Kyle Persaud's answer
Unfortunately, under Oklahoma State Law, you can't sue a district attorney or his employees for performing prosecutorial functions. See White v. State ex rel Harris, 2005 OK CIV APP 79 (available online at http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=2005+OK+CIV+APP+79)

Under the rule in White v. State ex rel Harris, filing an affidavit is a prosecutorial function. So, you can't sue in this case.

Q: Is it against my civil rights to be denied legal council concerning a minor, not to mention be placed under arrest just

1 Answer | Asked in Civil Rights for Oklahoma on
Answered on Mar 7, 2019
Kyle Persaud's answer
In a criminal case, you have the constitutional right to be represented by an attorney, and, if you cannot afford an attorney, the state must pay for an attorney for you.

However, in a civil case, you do not have the constitutional right to be represented by an attorney.

If this is a deprived case, then Oklahoma state statutes (but not the Constitution) guarantee your right to be represented by an attorney, and, if you cannot afford an attorney, the state must pay for an...

Q: I've asked this question twice....what legal action should I take when a false police report given by a lady that I fil

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Answered on Jan 30, 2019
Keegan Kelley Harroz's answer
You need to hire an experienced criminal lawyer to represent you.

Q: Can a felon not on probation or parole legally own a crossbow in Oklahoma?

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Answered on Jan 13, 2019
Keegan Kelley Harroz's answer
By definition, a crossbow is not a firearm.

Q: Grandparent of my children asked to babysit while we remodeled and went to the court and filed for emergency cust.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Probate for Oklahoma on
Answered on Jan 2, 2019
Doak Willis' answer
Immediately hire you an attorney who practices guardianship law and family law. Emergency guardianship may be hard to get by them unless they can show your children are in imminent danger to their health, safety, or possible death.

Q: Is it malicious prosecution if investigator lacking probable cause changes how a PO was violated?

1 Answer | Asked in Civil Rights for Oklahoma on
Answered on Dec 30, 2018
Doak Willis' answer
Your question concerns the filing of a civil case under tort law seeking damages from the investigator. In order to be able to be successful in court when alleging malicious prosecution, you must prove four elements. these are as follows: (1) that the original case was terminated in favor of the plaintiff, (2) that the defendant played an active role in the original case, (3) that the defendant did not have probable cause or reasonable grounds to support the original case, and (4) that the...

Q: is There anyway I can receive all of my restitution payment?

2 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Oklahoma on
Answered on Oct 22, 2018
Keegan Kelley Harroz's answer
You will receive payment after the Defendant makes a payment and it is processed by the state.

Q: If natural father has threatened multiple times to kill children while in his care where the children are scared

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Answered on Oct 21, 2018
Keegan Kelley Harroz's answer
No, you cannot terminate his rights but you may be able to limit him to supervised visitation. If you need assistance with custody, visitation and child support orders you need to hire an attorney to address these issues.

Q: What would be the typical bond for Exploitation of elderly or disabled adult and what to do if falsely accused

2 Answers | Asked in Civil Rights, Criminal Law and Elder Law for Oklahoma on
Answered on Oct 8, 2018
Frank A. Urbanic's answer
That varies by county and by judge. If bail has not been set yet, then contact a bondsman in the area. They will likely have the best estimate on what it may be.

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