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Oklahoma Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Libel & Slander for Oklahoma on
Q: How can we get my wifes ankle monitor activity for a certain day so we can clear our names and get her out of jail.

Her next court date isn't for another month and a half. She was on ankle monitor at time the crime happened and also there's a video of the couple that actually did it. She doesn't need to sit in jail any longer for something we never did. And what kind of legal action can we take... Read more »

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Hire a true criminal defense attorney.

Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

David A. Cincotta
David A. Cincotta answered on Aug 11, 2020

The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:

"The...
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3 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Do u have to have a lawyer for your 2nd court date
David A. Cincotta
David A. Cincotta answered on Jul 7, 2020

You should hire an attorney as soon as possible. Most judges do not like defendants to show up without an attorney, especially twice. Each judge has his or her own tolerance. If you believe you cannot afford an attorney, you need to demonstrate to the court everything you have done to try to hire... Read more »

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1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: Well incarcerated my house is broken should I have been asked if I wanted to press charges or not

I was arrested while I was arrested my house was broken into should I have been asked if I wanted to press charges or not

Brian Boeheim
Brian Boeheim answered on May 3, 2020

The idea of "pressing charges" isn't really the way it works. The DA is the only one who can file charges (press charges). They have complete discretion. The police and the DA may ask you if you want to testify (come to court), but that is really as far as it goes. Now if they... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for Oklahoma on
Q: I was arrested in December they violated my 4th amendment by running my tag with out knowledge of me commitment a crime

Can I have a case against the police department

David A. Cincotta
David A. Cincotta answered on Apr 19, 2020

The question you present is not one that can simply be answered on a forum such as this. If you were arrested and no charges were filed, you could contact a civil rights attorney to review your case. If you were charged, you should hire (if you have not done so already) a criminal defense... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: I need a civil rights attorney

I was denied the right to a fair hearing I have strong evidence

Tim Akpinar
Tim Akpinar answered on Oct 16, 2019

This isn't really a lawyer referral service; it's just a question-answer board. If you need an attorney, you could look one up in the Find-a-Lawyer section of this site, or conduct your own independent search for one. You could also check if the Oklahoma Bar Association's resources... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
Q: I was charged with 3 counts of child abuse by county officers whereas the allegations have no evidence to prove

There is no history of any kind of child abuse and I have no criminal record before this . Please help

Frank A. Urbanic
Frank A. Urbanic answered on Jul 13, 2019

These are very serious charges. You need to hire an attorney. No getting around that.

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: how inportant is a date on the search warrant that was served?
Doak Willis
Doak Willis answered on Jun 27, 2019

Very important. The search must be within a specified time from the date it was signed by the Judge. If outside that time, the search could be quashed in Court.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: My son was charged with a contraband charge for something that he was not present to see officer find during the search,

They said $800 surety bond. They had already done several searches of clothing and everything checking pockets and all. Then all a sudden a officer comes in after he been locked in a cell and says he found contraband in a pockets that we know had been searched many times. He did have my son... Read more »

Doak Willis
Doak Willis answered on Jun 27, 2019

Hire an attorney who should ask for any videos inside the jail facility showing the search of his pockets and discovery of the contraband.

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1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Oklahoma on
Q: When a federal law appears to contradict a SCOTUS majority opinion, but is not directly addressed; which preempts?
Melissa Oxford
Melissa Oxford answered on Jun 17, 2019

It depends on when the federal law was enacted, before or after the opinion, and whether or not the opinion addresses the statute and declares it unconstitutional or otherwise invalidates it.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Securities Law for Oklahoma on
Q: What are the laws and status in Oklahoma concerning surety bonds and ethics
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 12, 2019

You have asked two complicated legal questions the answers to which would fill at least six shelves in any law library. Wanna try again?

1 Answer | Asked in Civil Rights, Constitutional Law and Land Use & Zoning for Oklahoma on
Q: My house has two driveways. The original driveway and the one my grandparents had added on.

The city is now trying to ticket me sayi by the original driveway is an alley? It doesn't even go thru and is on our property is that legal?

Doak Willis
Doak Willis answered on May 18, 2019

You must check the land records to insure that the driveway the City is claiming to be an alley is indeed an alley or a part of your property. Obviously, if the driveway was built on property owned by the City and deemed an alley, the City may then enforce their rights concerning the use of that... Read more »

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...
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1 Answer | Asked in Constitutional Law, Gaming and Gov & Administrative Law for Oklahoma on
Q: What Oklahoma statute makes sports gambling illegal?
Kyle Persaud
Kyle Persaud answered on Mar 12, 2019

There are a number of state statutes on gambling.

Many of them are available here:

https://www.oscn.net/applications/oscn/index.asp?level=1&ftdb=STOKST21&year=#CiteID69441

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: If a person was caught Eluding an officer why would the inmate website for that county state the charge as being Escape
Gary Johnston Dean
Gary Johnston Dean answered on Jan 3, 2018

Are you sure you were not charged with escape? If you weren't, contact the court clerk about the error.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Oklahoma on
Q: Is Trump's Second Immigration ban Constitutional? He clearly has statutory authority to do this, as prior Pres. have.

Hawaii Judge seems to base opinion on campaign promises. That seems to be without precedent! Obama and others did it without objections.

Have the courts gone too far in this encroachment of the executive branch?

Gary Johnston Dean
Gary Johnston Dean answered on Nov 30, 2017

I believe so, but only time, and the Supreme Court will let us know for sure. I supported Trump, but it's getting harder to do. Just wish he would stop all of the Twitter stuff! ! !

Please visit my website, www.GaryJDean.com, and at the bottom of the homepage, "Subscribe" to...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Oklahoma on
Q: Arrested on a warrant i did not have. Booked in and bonded out. Court next day, they said they shouldnt have arrested me

I was waiting to visit my father in jail and they pulled me in a room and arrested me. Soent a few hours in jail before i could bond out. Treated me very unfairly. Court next day and mind you i live in a different city. Wasted my time driving for them to tell me that they messed up like i had told... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jun 26, 2017

You may file suit against the arresting agency. I'm not sure about publication.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: A search warrant was issued for a stolen cell phone.while the police looked for the phone drugs were found

On the property Can the drugs now be used for criminal charges against the property owner?

Gary Johnston Dean
Gary Johnston Dean answered on Jun 26, 2017

Yes sir.

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 »

Gary Johnston Dean
Gary Johnston Dean answered on Jun 26, 2017

I agree with answer by Ms. Harroz, however I understand many District Attorney offices will reduce old charges in the discretion of the prosecutor.

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Is it legal to form an all volunteer group with the purpose of protecting citizens from rioters?

Say I have a group that goes out and purchases riot gear, and then travels around the country and stops riots or steps in before police can to protect others. Would that be legal? I want to see if there is a way to keep people safe from groups like antifa

Peter N. Munsing
Peter N. Munsing answered on Mar 31, 2017

Depends what you mean by protect. Because you chose to, in a premeditated way, inject yourself you may violate a number of statutes, state and federal. I'm sure that you will find enough injustice in Oklahoma to work on that you won't need to go outside the state. Looks to me like antifa... Read more »

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