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Oklahoma Civil Rights Questions & Answers

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Oklahoma on

Q: I came from NM to Oklahoma with a guy he promised to send me home when I wanted to leave. He refuses now to send me

Can he be held for kidnapping

Gary Kollin answered on May 15, 2019

No uou came voluntarily

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1 Answer | Asked in Criminal Law, Civil Rights and Environmental for Oklahoma on

Q: The Public's right to access and clean up public land

Does the public have the right to access public land for the purpose of cleaning up and remove trash materials

Keegan Kelley Harroz answered on May 13, 2019

Please repost with a question.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for Oklahoma on

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

We have went to court and the judges granted her another 30 days to come up with evidence against me on medical neglect in education and so far in the 30 day she is took my kids to doctors and now she is not trying to give me my visitation my kids do not wanna be there my oldest daughter has been... Read more »

Pete David Louden answered on Apr 13, 2019

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.

1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on

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

I am boxing stuff and stacking it in the yard with nowhere to go.

Does the Protecting Tenats Against Forcloser Act not apply to me because it's a mobile home?

Jones, OK

Kyle Persaud answered on Apr 8, 2019

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...
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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on

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

I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file it... Read more »

Kyle Persaud answered on Apr 5, 2019

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...
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1 Answer | Asked in Civil Rights for Oklahoma on

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

can they request this proof or can they legally only request proof from me?

Kyle Persaud answered on Apr 1, 2019

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...
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1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Small Claims for Oklahoma on

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

i recently went on a trip without my parents and when i got back i discovered they had gone through my room and taken a few things. of the things they took only one of them was something they had paid for.

Doak Willis answered on Mar 31, 2019

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.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on

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

I have a 16 year old who turns 17 this summer. She is one of my strong willed children and is currently using our home on a come and go basis. I have suspected and proved some wax using extracted from marijuana. She turned her life around from 14 and got caught up in school and now she's almost 17... Read more »

Doak Willis answered on Mar 31, 2019

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.

1 Answer | Asked in Civil Rights for Oklahoma on

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

a DA investigator withheld exculpatory evidence and made several false allegations to support probable cause that he knew was untrue to get an arrest warrant signed by judge. To add to that his info came directly from the prosecuting DA in misdemeanor case who victim contacted and made the... Read more »

Kyle Persaud answered on Mar 21, 2019

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)

2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Oklahoma on

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

i want to know if the documents are legal, i will take a picture. i just really need a answer, they've been gone for 9 mths now

Kyle Persaud answered on Mar 16, 2019

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...
Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Oklahoma on

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

DA investigator in bad faith filed an affidavit of probable cause filled with false allegations & withheld exculpatory evidence violating my 4th amendment rights. 5months in jail DA dismissed upon being informed of that material evidence withheld. so now I want to file a tort claim but who do I... Read more »

Kyle Persaud answered on Mar 11, 2019

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)... Read more »

1 Answer | Asked in Civil Rights for Oklahoma on

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

To talk to her.

Kyle Persaud answered on Mar 7, 2019

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...
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1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on

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

This lady told horrible lies on me that has no validity yet I was given a guilty verdict ticket for approx. $600.00. I have appealed this to district court for a jury trial and desperately need a lawyer....this was a municipal court....also this same lady and her two cohorts harassed me so bad I... Read more »

Keegan Kelley Harroz answered on Jan 30, 2019

You need to hire an experienced criminal lawyer to represent you.

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on

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

Keegan Kelley Harroz answered on Jan 13, 2019

By definition, a crossbow is not a firearm.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Probate for Oklahoma on

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

Never been in trouble or had issues with DHS. No valid reason for this but yet the state of Midwest City police refused to give me my kids but the only papers we saw said she had petitioned for guardianship. Not awarded guardianship. She is telling my kids lies that we sell drugs and they don't... Read more »

Doak Willis answered on Jan 2, 2019

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.

1 Answer | Asked in Civil Rights for Oklahoma on

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

Investigator twice omitted exculpatory evidence in affidavit to claim defendant's sole purpose being at the court house was to follow victim so a misdemeanor vpo could turn into felony stalking. The state first alleged attempting to make contact with minor child that's apart of a no contact order.... Read more »

Doak Willis answered on Dec 30, 2018

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... Read more »

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 answered on Nov 4, 2018

Visit www.oscn.net and click on legal research

2 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Oklahoma on

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

My total of restitution is 177 thousand I’ve only received around 800 in the past two years

Keegan Kelley Harroz answered on Oct 22, 2018

You will receive payment after the Defendant makes a payment and it is processed by the state.

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1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on

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

And has no contact with children or taking any care such as child support of the children can I terminate his rights? Also when I left him as my husband I has to have police report for him putting a knife to my throat threatening to kill me as well

Keegan Kelley Harroz answered on Oct 21, 2018

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.

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