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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Oklahoma on
Q: Can you get a liquor license in Oklahoma if you have felony convictions not related to alcohol or the sale of alcohol

None were charged as violent simple possession of CDs and exploitation by care taker are the charges from 2009 and 2010 and 2018. All sentences have been completed for all charges no probation nothing left to do on any charges...able has denied my license due to a conviction of a violent felony.... View More

James L. Arrasmith
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answered on Jun 29, 2024

Thank you for providing the details of your situation. In Oklahoma, the ability to obtain a liquor license with a felony conviction depends on several factors:

1. Nature of the offense: Generally, non-violent felonies that are not related to alcohol or the sale of alcohol may not...
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I was denied my medication when I was booked into city jail and made me miss two different doses and withheld my inhaler

I need to know if I have a case or not and wat kinda of lawyer do I need and I'm broke I can't afford to hire a lawyer unless one can work with my financial situation

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information provided, you may potentially have a case, but it's important to consult with a lawyer who can review the specific details of your situation. Here's some general guidance:

1. Potential case: Denying necessary medication and medical devices like inhalers to...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Scenario: I manage a grocery store, And one of my employees were going to their car on a break.

When a homeless man picked up a rock from out parking lot and started to attack her, I ran over and pushed the guy off of her. A week later I was given a subpeona to appear in court to testify as a witness, AFTER the incident occurs I find out the man is mentally ill.

Ultimately my... View More

James L. Arrasmith
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answered on Jun 15, 2024

In this situation, you acted to protect your employee from an immediate threat. Your actions were in defense of another person, which is generally considered justified under the law. Self-defense and defense of others are legal principles that allow the use of reasonable force to prevent harm.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police served a search warrant on my apt based on an informants false statements. I have ring doorbell video evidence

Wrong address and zip code. Forced open locked safe that was not listed on warrant. I told officers that the address was wrong on the warrant.

James L. Arrasmith
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answered on May 24, 2024

If the police served a search warrant on your apartment based on false statements and with incorrect address and zip code details, and forced open a locked safe not listed on the warrant, you have several legal options. First, gather all evidence, including the Ring doorbell video showing the wrong... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: Is it considered domestic violence in oklahoma to with hold food from your spouse , domestic partner , common law wife

Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More

Tracy Tiernan
Tracy Tiernan
answered on May 5, 2024

Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens on a failure to appear on child in danger ment

In the state of Arkansas

Tracy Tiernan
Tracy Tiernan
answered on Apr 20, 2024

Well, a failure to appear on pretty much any criminal case across-the-board will be treated pretty much the same. With a few exceptions, the court (the judge) will Issue a warrant for your failure to appear (FTA). You will then be subjected to being arrested.

If you have a legitimate...
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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can Domestic abuse against a pregnant women. Be considered a felony first time incident.

I was booked under CF for this charge when we have no prior

Tracy Tiernan
Tracy Tiernan
answered on Apr 12, 2024

Oklahoma statutory law indicates that a domestic assault and battery on a pregnant woman where the defendant had reason to know she was pregnant is a felony offense carrying up to 5 years in the department of corrections. If the woman suffers a miscarriage as a result of the assault and battery it... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have been charged with 3 count larceny can I plea no contest or what should I do

I am sorry for what I have done I have a son I am scared to loose I was drunk and wasn't in the right mind state please help me

Tracy Tiernan
Tracy Tiernan
answered on Mar 27, 2024

Hi, the determination of whether or not you can enter a plea of “no contest” in a criminal case that involves a disposition by a plea bargain a lot of times depends on the courthouse in which you are charged, the judge you have, and the district attorney or prosecutor handling the file.... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can a officer arrest me for DUI of medication but put different details in affidavit? (Marijuana)

I was pulled over for speeding.The officer said he smelled marijuana.I was honest and told him I did have marijuana. He gave me a field sobriety test.I did tell him I take medication but I did not smoke marijuana that day. He told me i'm under arrest for taking the medication and driving. And... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 25, 2024

Well, if you took a blood test, that should settle the issue as to exactly what was in your system. Unfortunately, in many counties the fact that you have some overtime or controlled drug present in your system is usually enough for them to pursue this criminal charge against you. They will rarely... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

James L. Arrasmith
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answered on Mar 24, 2024

It seems like you're in a situation where you're expecting transparency but are meeting resistance, which can indeed be frustrating. Typically, after a police incident, especially involving crimes like assault and battery, it is standard procedure for a police report or at least an... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

Tracy Tiernan
Tracy Tiernan
answered on Mar 24, 2024

I guess it depends on when you asked for the report. they’re not gonna talk about or provide you with the report instantly after an incident has occurred, however, they should be able to give you some type of report or case number which will be different from the case number assigned to the... View More

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Oklahoma on
Q: If you have felony convictions and charged with felon in possession of firearm and animal cruelty. What sentence are you

Typically given if found guilty or given a plea bargain. Chances of getting a not guilty decision with so much lack of evidence is apparent. When there is no admission of guilt no physical evidence or second hand accounts.

Tracy Tiernan
Tracy Tiernan
answered on Mar 23, 2024

It’s always dangerous when you have prior felony convictions and you get arrested for a new felony offense. This is particularly true when you have more than one prior and they link up with each other and can be used under the second and subsequent offense statute to increase punishment on new... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Tracy Tiernan
Tracy Tiernan
answered on Mar 22, 2024

As a general rule, when a controlled drug is found in the possession of an individual, the primary factor (outside of whether they knowingly were in “possession”) is the quantity or weight. Trafficking in methamphetamine, for example, is 20 g, and it doesn’t matter whether someone possessed... View More

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Timothy Carignan
Timothy Carignan
answered on Mar 22, 2024

It can be either. If the amount is more than what people would consider “for personal use,” or if it’s packaged in such a way that it can be easily sold, it will be considered trafficking. Even small amounts can carry the higher charge if behavior implies that you’re planning to sell it.

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1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Oklahoma on
Q: How many times does a pro se indigent prisoner have to file a paupers affidavit in singal judicial review?

Indigent prisoner files judicial review in Oklahoma county district court challenging grievance restriction. Prisoner submits paupers affidavit when initially filing but after court responds prisoner files 9 actions including 4 motions and does not submit another new paupers affidavit with any. Is... View More

James L. Arrasmith
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answered on Mar 21, 2024

When an indigent prisoner in Oklahoma files for judicial review and includes a pauper's affidavit with the initial filing, this affidavit typically allows them to proceed in forma pauperis for the duration of that particular case. This means that the initial affidavit is generally considered... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Native American Law for Oklahoma on
Q: Cherokee citizen on travel land, Was arrested by non cross deputized officer

I Was stopped and arrested wasn’t given a reason for being stopped or a citation but was given citations for what happened after the stop by Arcoma Ok. City police officer that hasn’t been cross deputized it was $1850 to get out I paid a thousand and owe the 850. I’m a citizen of Cherokee... View More

James L. Arrasmith
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answered on Mar 21, 2024

In situations involving Native American citizens and law enforcement, the legal jurisdiction can be complex, especially on tribal lands or concerning tribal members. Generally, whether a non-cross-deputized officer has authority to arrest a Cherokee Nation citizen depends on where the incident... View More

Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

James L. Arrasmith
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answered on Mar 21, 2024

In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have 2 current pending cases in separate counties and I hire a paid lawyer should he represent me for both case?
Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

If you’re asking, is he REQUIRED to represent you in the other county because you paid him for one county then the answer of course would be no (unless he agreed to that arrangement or you have a contract to that effect). If you’re asking, is it WISE to hire the same attorney for two different... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can these amounts be removed from my total amount of fines owed? In oklahoma I signed a 3yr deferred sentence in one

Then was transported over to another county to fight a charge I had over there then went 2 prison on that charge without ever bonding out. While in the second county & also when in prison the first county acknowledged I was still incarcerated but continued multiple times to issue compliance... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

I suspect there might be some misunderstanding on how some of the fees you are referring to originated. Also, the only way someone can be sent to prison is if they lose at a jury trial, lose at an application hearing where they have violated the terms of the probation, or they have otherwise... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister is a permanent resident and won her criminal case appeal, will she still get deported?

She went ti trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. § 1952(a) (3)).

She is currently in... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More

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