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Oklahoma Constitutional Law Questions & Answers

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on

Q: Do i have a right to switch judge or da if feel like being wrongly prosecuted

Keegan Kelley Harroz answered on Aug 20, 2019

Generally, no. The DA and judge are just luck of the draw.

2 Answers | 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 answered on Jul 13, 2019

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

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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 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 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 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 »

Keegan Kelley Harroz answered on Jun 22, 2019

You need to hire an experienced defense attorney to fight these charges for your son.

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 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 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 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 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 Constitutional Law, Gaming and Gov & Administrative Law for Oklahoma on

Q: What Oklahoma statute makes sports gambling illegal?

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, 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

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Oklahoma on

Q: In Oklahoma is it illegal to have a loaded firearm in your vehicle without a conceal carry permit/license?

I was arrested on February 26th 2018 in Oklahoma County for driving 1-10 over I was merging onto I-40 from an on ramp and was driving 6 mph over the speed limit, transporting a loaded firearm (from a firing range) and obstruction (I did not respond to the officer's questioning after I had been... Read more »

Keegan Kelley Harroz answered on Mar 13, 2018

You need to hire a trial attorney immediately to defend you.

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

Q: Can police charge you with false reports because they can find evidence on the situation

Keegan Kelley Harroz answered on Jan 14, 2018

Police officers do not have the power to charge you with anything. Police can only complete an investigation and then turn the evidence over to the local prosecutor who will decide whether to charge you or not, and what specifically you will be charged with.

2 Answers | 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 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.

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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 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 receive...
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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 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 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 »

Keegan Kelley Harroz answered on Jun 26, 2017

Changes in the law are not retroactive unless the statute specifically states that the law is retroactive. This means that if the crime is classified as a felony at the time it was committed the crime is still a felony even if committed today it would have been a misdemeanor.

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1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on

Q: Can a ping from a stolen iPhone that supposedly shows my address be probable cause for a search warrant?

Police knocked on my door and tell me that a supposedly stolen iPhone pinged to my address. They started trying to intimidate me into allowing them to search my house for it.

Keegan Kelley Harroz answered on May 22, 2017

Yes, this is probable cause for a search warrant.

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 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 and the... Read more »

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