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Oklahoma Constitutional Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Oklahoma on
Q: Can the police can enter my home in Oklahoma without a warrant even after I told them no?
James L. Arrasmith
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answered on Dec 20, 2023

The general rule is that police cannot enter your home without a warrant if you have denied them permission. However, there are some exceptions to this rule. If the police have probable cause to believe a crime is being committed or there is an immediate threat to someone's safety, they may... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: False police report - no evidence/proof of outrageous claims. Resulted in 2 misdemeanor charges of threats/intimidation

neighbors 3 dogs came to my property & attacked my 3 sheep killing the male, who was like my child. I filed a civil complaint. They go to let him now & he suddenly has claims I’m harassing him. I ran him off the road, followed him & his son to to a nearby town taking pics of them,... View More

James L. Arrasmith
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answered on Oct 17, 2024

In your situation, it sounds like the charges were based on a complaint without sufficient evidence or investigation. First, you may want to gather any documentation or proof that shows you were not involved, such as receipts, phone records, or witness statements. These could help demonstrate your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Oklahoma on
Q: False police report - no evidence/proof of outrageous claims. Resulted in 2 misdemeanor charges of threats/intimidation

neighbors 3 dogs came to my property & attacked my 3 sheep killing the male, who was like my child. I filed a civil complaint. They go to let him now & he suddenly has claims I’m harassing him. I ran him off the road, followed him & his son to to a nearby town taking pics of them,... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're going through this difficult situation. Start by gathering all possible evidence that can support your innocence, such as alibis, surveillance footage, photos, or any witnesses who can confirm your whereabouts during the incidents. Document every interaction you have... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Products Liability and Native American Law for Oklahoma on
Q: How do I begin to file with the tort act claim?

It's a hard case because this is the tribal casinos, although I am a tribal member of another tribe. I file a sexual harassment with the HR then I was punished and transferred to another one my benefits started over and the only available shift was 11pm-7am and a no contact agreement was... View More

James L. Arrasmith
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answered on Oct 12, 2024

Starting a tort claim can be complex, especially within a tribal jurisdiction. Begin by gathering all your documentation, including complaints you filed, any correspondence, and evidence of retaliation or harassment. This information will be crucial for your case.

Next, you should reach out...
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1 Answer | Asked in Constitutional Law for Oklahoma on
Q: Can I restrain a neighborhood child until police arrive if he attempts to attack me?

A small (maybe twelve years old) child in my neighborhood has been bullying my child and wife and other neighborhood children. My wife told him to stop and he refused claiming he could hurt whoever he wants. More than likely this is just the rambling of an immature kid. However if he were to... View More

James L. Arrasmith
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answered on Sep 29, 2024

If a child attempts to attack you, you can restrain them to protect yourself or others from harm, but only use the minimum amount of force necessary. You are allowed to protect yourself under the principle of self-defense. However, your restraint should be limited to preventing further aggression... View More

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Civil Rights and Constitutional Law for Oklahoma on
Q: I have seen both of your attorneys answers, just a quick question if one of you two could please answer? So, as stated

You are informing the public they must have registration to drive, yes you are correct, you must have this in order to Drive, and or Operate a motor vehicle this is a commercial transaction, this being a true statement. That being stated, ArticleVI of the constitution states clearly anything... View More

James L. Arrasmith
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answered on Sep 16, 2024

You are raising important questions about the distinction between law and statutes and the concept of compelled contracts with the state. In the United States, driving a motor vehicle on public roads generally requires registration, a license, and insurance as per state regulations. These... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Federal Crimes and Gov & Administrative Law for Oklahoma on
Q: My boyfriend is in jail ,it's his first drug charge ever, he had 20 grams of meth on him, they are offering him 10 in an

d 10 out, he needs rehab isn't that sentence a little steep

James L. Arrasmith
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answered on Aug 31, 2024

It’s understandable to feel that the sentence your boyfriend is facing seems harsh, especially for a first offense. The quantity of meth involved, 20 grams, is significant and likely influenced the severity of the offer. Sentences in drug cases can vary widely depending on factors like the amount... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Oklahoma on
Q: If the police are lying on a police report against you. What should you do

They came in screaming at me . Crime scene was had numerous people in it, had no case number for search warrant, took things before they had a search warrant. Made me leave while they searched, ignored my request for an advocate when trying to get me to sign oaperwork

James L. Arrasmith
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answered on Jul 27, 2024

If you believe the police are lying on a report against you, it's crucial to take immediate and careful steps to protect yourself. Start by documenting everything that happened as soon as possible. Write down the details of the incident, including the time, date, location, and the names or... View More

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: I’m looking into creating a authority And putting on operators Do I have to insure for 30 days?
James L. Arrasmith
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answered on May 24, 2024

When creating an authority and putting on operators, you generally need to consider insurance requirements. Typically, you must have insurance coverage in place before your authority becomes active. This means you should ensure your insurance is set up to start as soon as your authority is granted.... View More

2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Legal Malpractice for Oklahoma on
Q: Are there any lawyers available to assist me in a per se case?

I’m not seeking representation or legal advice, but I just need someone to make sure I get the right legal forms and make sure I file them correctly. I will everything for the case but I just need someone to kind of help me make sure it’s done right.

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2024

Your best option is to make inquiries with attorneys about your needs and see what kind of response you get. Some attorneys do handle such projects, but it could depend on the nature and size of the case. If it is large or contentious, some attorneys could be hesitant about a minor project which... View More

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1 Answer | Asked in Traffic Tickets and Constitutional Law for Oklahoma on
Q: Can a judge reopen a case after he has dismissed the charges?

Got a ticket. Pleaded not guilty. Went to court, officer did not show up. Prosecution asked Jude to dismiss my charge. Just granted. Now city is reopening case because officer stated he was on a priority call at the court time.

James L. Arrasmith
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answered on Nov 12, 2023

Under Oklahoma law, generally once a criminal case has been dismissed by a judge, even traffic charges like a ticket, the case cannot be reopened later on. Some key considerations:

- If the prosecution at trial is unable to prove their case, such as the officer not appearing, dismissal is...
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1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: What if someone that is a felon gets a gun charge from a gun that was locked in glove box of car unaware of it there

From Texas in Oklahoma and the owner claims the gun and never give them consent to search or unlock glove box

Tracy Tiernan
Tracy Tiernan
answered on Oct 22, 2023

Someone convicted of a felony is not allowed to possess a gun under his roof, in his car, or in his pocket.

The situation that you have provided raises a couple of interesting questions. The first is the legality of the search and seizure. The second is knowledge of the presence of the gun...
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1 Answer | Asked in Constitutional Law for Oklahoma on
Q: When does TPD have legal rights to tow a vehicle that is operable and parked on the street in front of its residence?

If a neighbor complains and calls the Mayor's Hotline, the City investigates and then makes a determination within a 2 wk. timeframe. It seems the wrong vehicle was towed. There wasn't an actual ticket, but the tow paperwork listed a different address and incorrect vehicle info. Further,... View More

James L. Arrasmith
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answered on Oct 15, 2023

Local ordinances typically govern the circumstances under which a vehicle can be towed from a public street.

In many jurisdictions, a vehicle can be towed if it's in violation of parking regulations, abandoned, inoperable, or deemed a safety hazard. If the tow was predicated on...
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2 Answers | Asked in Constitutional Law for Oklahoma on
Q: Trying to sue a county in Oklahoma for double Jeopardy
T. Augustus Claus
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answered on Oct 6, 2023

In Oklahoma, if you believe you've faced double jeopardy (being tried or punished twice for the same offense), you should gather all related documents and court records. Consult with an attorney experienced in constitutional law. Before suing a government entity, a notice of claim might be... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Social Security and Employment Law for Oklahoma on
Q: Is it unconstitutional to insist that old age job seekers divulge "disabilities" they might have had when younger?

Old people in America have certain Constitutional protections such as the right not to be discriminated against in job seeking, so agencies exist in every State for such purposes. But to insist on potential clients divulging "disabilities" that might not exist or might have in fact been... View More

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answered on Aug 14, 2023

Requiring job seekers to disclose disabilities they may have had when younger could potentially raise concerns under the Americans with Disabilities Act (ADA) and other anti-discrimination laws. The ADA prohibits discrimination based on disability, and it includes provisions related to both current... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I need a civil rights attorney in the state of Oklahoma for a district court case against a municipality.

Attorney proficient in Constitutional civil rights matters

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

An Oklahoma attorney could probably advise best, but your question remains open for a week. It's difficult for attorneys here on this site to respond with offers of their services. This forum isn't set up like an attorney referral service - it's basically brief format Q & A. If... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Libel & Slander for Oklahoma on
Q: What criteria has to be met to be considered police harassment?

There's an officer that has pulled me over numerous times without legitimate reason and twice recently has searched my vehicle to the extreme of actually taking parts of it apart. He is stopping ppl and questioning them about me and he is talking to ppl about what he thinks I'm doing. He... View More

James L. Arrasmith
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answered on Mar 2, 2023

Police harassment can be difficult to define precisely, as it can take many different forms and be based on a variety of factors. Generally speaking, police harassment occurs when a law enforcement officer engages in repeated or unjustified stops, searches, or other forms of contact that are... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Oklahoma on
Q: I wasCharged in '16 w/ felony of knowingly concealing stolen property amount of 500.00$ but it was just changed to1,000

Can I possibly be retried or have a modification to my sentence

David A. Cincotta
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answered on Dec 1, 2022

You are likely eligible for an expungement of all records of the offense (because of a change in law to make those convicted of a felony that has been reclassified as a misdemeanor eligible much sooner than others convicted of a felony). Unfortunately, you will still have to obtain a pardon first... View More

Q: How do you make a document a court of record?
David Luther Woodward
David Luther Woodward
answered on Nov 13, 2022

What kind of document? Where is it from? What language is it in?

You can usually record a document that qualifies for recordation with the county clerk, in your instance the county clerk for Oklahoma County, which is downtown. The clerks are prevented by law from giving you any legal...
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1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: If a judge set a criminal charged to be handles at the same time as civil but forgets do I have to agree to go to court

Went to court for animal at larges case filed against me by my neighbor in retaliation for me filing one on her. Before I went to my hearing I struck the plaintiffs trash can with my car moving it about of the way as to park. I got a destruction of property ticket. When I went to court to plea on... View More

David A. Cincotta
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answered on Nov 11, 2022

Yes. This is not a technicality that you are likely to have much success in arguing. The judge missed it, and no one called or nothing else been done, you might have avoided the mess with dealing with (at least until it was caught). However, it appears they caught the mistake fairly quickly, and if... View More

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