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Oklahoma Constitutional Law Questions & Answers
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View 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  Webb
Melissa Webb
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... View 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... View 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... View 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... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Oklahoma on
Q: can a local citizen be denied/banned to access of the courthouse without a due process hearing?

On two separate occasions, in my wife's capitol murder trial the same bailiff has ordered me to leave the courtroom. Once for having a cell phone that was not turned on in my pocket. And, the latest at a district court Arraignment, where the bailiff accused me of talking with my wife. The... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 20, 2017

It would certainly appear that the bailiff is out of line. I would suggest that you try to schedule an appointment with the Judge handling the case you are interested in to help resolve the issue. Failing that, you may want to contact the ACLU in OKC and see if they can help you.

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: What statutory citations are required to answer the VAWA10Q Inquiries?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

Get counsel for matters like this. This is not a basic legal question which can be answered swiftly, but requires a bit of research.

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: Is it possible for an ordinary US citizen to compel a sitting US President, through judicial proceedings, to testify

About details surrounding the deaths of other US citizens or US officials while acting in their official duties when there is reason to believe information is being witheld or covered-up intentionally for the express purpose of deceiving the public?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

Probably not.

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: Would a state imposing a ban on a specific item of clothing (e.g. a hoodie) be considered unconstitutional?

I was wondering because isn't clothing technically covered under the First Amendment?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 5, 2015

Yes, and Yes.

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