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Oklahoma Civil Rights Questions & Answers
1 Answer | Asked in Family Law and Civil Rights for Oklahoma on
Q: My girlfriend's mother made false accusations to the DHS about me and I been cleared. Can I sue her for slander?

The DHS have taken the kids from the home and gave them to my girlfriend's mom.

Charles Watts
Charles Watts
answered on Dec 28, 2022

DHS reporting is confidential and anonymous. Therefore any blatantly false allegations can only be prosecuted by DHS.

1 Answer | Asked in Traffic Tickets and Civil Rights for Oklahoma on
Q: How can a person signal before a stop sign when they don't know what direction they intend to go before stopping to look

Officer stated at beginning of his report that due to reports he had read about me, he stopped me using the excuse that I didn't signal WITHN100' of stop sign. States I DID USE blinker at both stops! He illegally profiled me, stopped,detained, searched and arrested me for misdemeanor... View More

Charles Watts
Charles Watts
answered on Jun 22, 2022

Due to your case specifics and the uniqueness of your case, your issue cannot be resolved in this forum - you should contact a criminal law attorney to assist you.

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Is my case able to be dismissed?

I have had no criminal record until recently and im being charged with larceny of merchandise from retailer in the amount of $19.97. I switched a clearance sticker on 2 items. And Resisting an officer by jerking away after he startled me upon reentering the room angrily as where when he left he... View More

Tracy Tiernan
Tracy Tiernan
answered on Jun 20, 2022

If you have had no previous criminal arrests or convictions then a misdemeanor arrest for crimes such as these are routinely handled with the end result being a dismissal after a period of probation (Assuming you’re guilty or your attorney can’t get the case dismissed).

As far as the...
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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Civil Rights for Oklahoma on
Q: Can I post a picture of my husband and his truck on social media

My perfect husband was identified picking up a prostitute on South side of okc so I took a picture of him and his truck with the caption I WAS BUSTEX PICKING UP A NASTY DIRTY XX AND I DIDNT CARE THAT THEY MAY HAVE MANY diseases so if you **** or xx me please message me cuz my wife has the right to... View More

Charles Watts
Charles Watts
answered on Jun 20, 2022

Short answer is people post many things on social media - often before thinking about the long-term effect. Can you and should you are not necessarily equal partners. As with almost every lawyer, the advice is do not post it. Seek counseling for you both, and if that fails then dissolution can... View More

1 Answer | Asked in Civil Rights, Internet Law and Juvenile Law for Oklahoma on
Q: Can A 14 Year Old Make A Statement On The Stand?

Hi, I was wondering if my 14 year old sister could go up to the stand and make a statement. She wants to clarify the situation since our parent(s) are completely over-dramatizing the situation (according to her) .... She feels as if it's our parents are against the defendant (19) and she... View More

Tracy Tiernan
Tracy Tiernan
answered on Jun 1, 2022

As a general rule age is usually not a bar two ones ability to testify as a witness in a courtroom as long as they have the capacity to testify truthfully and their testimony could assist the trier of fact (Jury or Judge). However, the attorneys on each side could have something to say about it. I... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: I was pulled over for speeding place in cuffs and was being detain my passenger has a register firearm under my seat

Not in plain sight no search Warrant or consent of search of car I’m the driver can I be charged with felony afterforeman

Tracy Tiernan
Tracy Tiernan
answered on May 30, 2022

As you are aware, as a convicted felon (or an adjudicated delinquent) you are not allowed to have any firearms in your house, in your car, or on your person. They’re going to use what’s for referred to as a reasonable person standard in most cases.

We simply need more facts to provide...
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1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Non-Violent Felony changed to Violent felony. Am I still Non-Violent?

Good afternoon,

I was researching some changing gun laws in my state. Upon doing so, I noticed the felony I was convicted of was changed to a “violent felony” six years after I plead to the crime. I’m wondering if I am now considered a violent felon or an

I still protected... View More

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2022

If you are looking at other laws that specify crimes that impact eligibility or prohibited conduct and you are trying to determine if you are eligible or prohibited from said conduct based on a prior conviction, most of the time it will not matter what the law was at the time of your conviction;... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: In the state of Oklahoma can a police officer traspassing on private property with signs posted
Charles Watts
Charles Watts
answered on Feb 24, 2022

If the officer has a legitimate purpose in accordance with their duties then yes they can ignore the posted signs and conduct their official business.

1 Answer | Asked in Personal Injury and Civil Rights for Oklahoma on
Q: my brother is incarcerated- has no legal assistance $$. He needs to file a tort claim, medical negligence. Doctor

orders were to assign a bottom bunk at the facility for medical reasons. Against the doctor's orders and his protests, employees determined he was in a top bunk. He had a seizure and fell from the top bunk to the floor. He seriously injured his back, shoulder, and hit his head. He is asking me... View More

Howard Berkson
Howard Berkson
answered on Nov 19, 2021

There isn't really a form. But, also, a government tort claim requires notice to the state or federal government in a relatively short period of time. You need to talk to a personal injury attorney AND a civil rights attorney, since there may also be a violation of civil rights. You need to... View More

1 Answer | Asked in Copyright, Criminal Law and Civil Rights for Oklahoma on
Q: I got my boyfriend's car towed I stole something at Walmart but didn't get arrested at Walmart and we can't afford to
Tracy Tiernan
Tracy Tiernan
answered on Oct 31, 2021

Unfortunately your question is a bit cryptic in that it provides very little details and doesn’t really ask a question, it’s more of a statement. From what I can glean you are worried about getting arrested. If they did not arrest you at Walmart, than they are unlikely to do so after the fact.... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: H & H auto savage

Hello yes , my truck was impounded last night and the wrecker company is not allowing me too come retrieve it what can do

Charles Watts
Charles Watts
answered on Oct 11, 2021

One, if it was impounded for legal reasons, as in a result of a traffic stop of some sort which in the end had reasons to be impounded then you will have to get those ‘holds’ resolved with the agency that ordered the impound. ((Such as proof of insurance and such)) - Additionally, the impound... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Oklahoma on
Q: How far back legally can taco mayo in Oklahoma go on a background check?

My bf was denied a job at Taco mayo from a domestic back n 1999-2000

Charles Watts
Charles Watts
answered on Sep 20, 2021

Typically, backgrounds go back 10 years for credit and 7 years for criminal convictions but that can be longer depending on the job, responsibilities, etc... If it is expunged, or deferred adjudication was successful, then they will not see it at all. The State is restricted by statute to even... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Judge transfers an emergency protective order to another county then sets a court date for a review is that an error?

At a final hearing for a protective order Judge didn't give defendant a chance to present a defense or challenge personnel jurisdiction for no service. Upon learning that there was a custody case pending involving same two parties an order transferring the continued emergency protective order... View More

Anna L Self
Anna L Self
answered on Aug 26, 2021

Judges always combine the PO hearing with the pending family law case. Why did you show up to the hearing if you were not served? If you appear at the hearing you submit yourself to jurisdiction of the Court usually. The Judge will probably strike the 90 day review. They set review hearings so... View More

1 Answer | Asked in Family Law and Civil Rights for Oklahoma on
Q: does a paralegal have to turn over emails between client to opposing council

a paralegal and client have confidential emails. the opposing council filed a motion to compel. Since being refused those emails. does the other council have to produce those emails to the opposing team?

Pete David Louden
Pete David Louden
answered on Jul 24, 2021

Do you have an attorney representing you and supervising the paralegal?

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Oklahoma on
Q: If a minor raped an adult in the state of Oklahoma, is there legal action that can be taken?
Jessica Brown
Jessica Brown
answered on Jul 16, 2021

Yes - both criminally and maybe civilly.

1 Answer | Asked in Civil Rights and Collections for Oklahoma on
Q: Can I be placed in jail over a medical debt from a collection agency who has an attorney now representing them?

I have a debt collection agency who is represented by an attorney who has taken me to court and still hasn't provided details on what the medical bills are for. I just know they are from at least 2009; I was pulled over last year and was sent to jail over a bench warrant that was issued back... View More

Anna L Self
Anna L Self
answered on Jul 13, 2021

You don't go to jail for not paying the debt. You go to jail for not appearing in court when the Judge orders

you to appear. Generally, it is after a judgment is awarded to the creditor and they file for a hearing on assets. You are served with an order to appear at the hearing on...
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1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Oklahoma on
Q: Can my Guardian force me to quit my job in Oklahoma?

I'm a 17 year old which is above the legal age requirement for working in my state. But she says she can call and quit for me without my consent. Can she? Or would I have to do it since me working is legal?

Pete David Louden
Pete David Louden
answered on Jun 6, 2021

"Can my Guardian force me to quit my job in Oklahoma?"

Of course she can. It can be described as pretty much this simple: Parents/legal guardians make the rules, children follow those rules.

1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Is it a violation of due process if a clerk never sends the EPO & court date to sheriff's office where defendant lives?

The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.

Was creek county supposed to have served defendant before ordering transfer? Or did... View More

Charles Watts
Charles Watts
answered on May 20, 2021

If the defendant appeared in court then the court now has personal jurisdiction and service is made.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Municipal Law for Oklahoma on
Q: My son is being held in Oklahoma awaiting extradition to Arkansas it's been 2 weeks and they have yet to come get him

What can I do to get him released from hold or speedup the process or to help him at all

Pete David Louden
Pete David Louden
answered on May 8, 2021

Best thing you can do is help him hire the best criminal defense attorney you can find.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... View More

Jessica Brown
Jessica Brown
answered on May 3, 2021

You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...

VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where...
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