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Oklahoma Civil Rights Questions & Answers
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... Read more »

Doak Willis
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
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
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...
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
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
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...
Read more »

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
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
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... Read more »

Doak Willis
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... Read more »

Doak Willis
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
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
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
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.

2 Answers | Asked in Civil Rights, Criminal Law and Elder Law for Oklahoma on
Q: What would be the typical bond for Exploitation of elderly or disabled adult and what to do if falsely accused

My Mom was helping this guy that asked to take care of him giving him baths and cleaning his house and to fix his house up and to get rid of a severe case of bed bugs and he gave her is credit card and the pin and car keys when he went to the hospital and my mom went and bought the things needed to... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Oct 8, 2018

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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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Oklahoma on
Q: I was arrested and not charged with a crime or 14 days and I wasn't taken before a judge until 15 days later. Can I sue?

I was not taken before a judge with in 72 hrs. It was 15 days later before I ever seen a judge.

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Sep 12, 2018

Yes, you can sue but you are asking the wrong question. You need to ask "Will I recover anything if I sue." The best thing for you to do is to consult with a civil rights attorney. Take proof of your monetary damages and any other documentation that you may have with you to the consultation.

1 Answer | Asked in Criminal Law, Civil Rights, Probate and Wrongful Death for Oklahoma on
Q: My son's dad was shot (9x) and killed by a ohp in 2014. DA cleared the trooper. I find out 175000 settlement paid.

The settlement was paid to the victims mother. my son is his only child so how could this happen? When the da cleared the trooper I understood that to be a shut case. I had no contact with the father or his family the last 10 years of his life. Soon after we had split, he done something to himself... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2018

The son would be entitled in many states to a claim. First see if an estate was opened. See who they said they gave notice to. May be a claim against the executor of the estate & or the attorney of the estate.

1 Answer | Asked in Civil Rights for Oklahoma on
Q: If I have a month to month lease and my landlord has decided to move back into the house what type of notice do I get?
Gary Kollin
Gary Kollin answered on Jul 19, 2018

This is not civil rights It is Landord-Tenant

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, Family Law, Civil Rights and Juvenile Law for Oklahoma on
Q: How to file for discovery in Oklahoma dhs TPR PROCEEDINGS?

DHS corruption and false allegations of sexual abuse

Doak Willis
Doak Willis answered on Jul 7, 2018

There is certain statutory provisions in Oklahoma that must be followed before DHS records are made available in any case. You will need to hire an attorney familiar with DHS proceedings to represent you to file the necessary motion to have those records made available.

1 Answer | Asked in Personal Injury, Civil Rights and Libel & Slander for Oklahoma on
Q: Dated a man in the air force. He is a master sergeant and training for 1st sergeant and he asked me to marry him.

Purchased wedding ring and gown. Purchased him $218 Bose ear buds which was a gift

Loaned him $100 of my children child support money and he stated to pay back. I have email of affairs, pictures of him with women, texts, emails of me asking for my $100 back and he told me he is done with... Read more »

Benjamin W Scott
Benjamin W Scott answered on Jun 27, 2018

You have the right to walk away from him and get him out of your life. It is probably not worth the time or effort of trying to get the $100 back.

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