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I'm creek Indian. Should I have went thru tribal court?
answered on Feb 25, 2024
If you are on probation for violating a protective order (P.O.), and the victim decides to dismiss the protective order, it does not automatically mean your probation conditions are lifted. Probation is ordered by the court, and only the court can modify or terminate it. Your probation terms remain... View More
the first officer on the scene removed everything on my person and checked my pack of cigarettes and didnt find anything. upon arrival at county the other transporting officer got our all 3 of our property not separated. and i was booked in on poss of stolen veh. it wasnt until i went to arrainment... View More
answered on Feb 22, 2024
Based on the situation you've described in Oklahoma, here are a few options you could potentially pursue to get the drug possession charges dismissed or evidence suppressed:
- File a motion to suppress evidence arguing an illegal search and seizure. The fact that the first officer... View More
And they have a hold for the Oklahoma Bureau of Narcotics, when and where will they go to court?
answered on Feb 22, 2024
If someone is arrested for trafficking and failure to affix a drug tax stamp and is currently under a hold for the Oklahoma Bureau of Narcotics, the next steps regarding court appearances depend on several factors, including the jurisdiction of the arrest and the specific details of the charges.... View More
My friend was arrested for shoplifting at Walmart. She sat in jail all night. when she went to court neither the judge nor her knew what she had taken. The judge had nothing on it. Even asked her what she had been accused of stealing. She said she didn't know. They told her she couldn't... View More
answered on Feb 13, 2024
In Oklahoma, the situation described, where an individual is arrested for shoplifting but neither the judge nor the accused has specific information about the items allegedly stolen at the time of the court hearing, raises concerns about due process. Due process is a constitutional right that... View More
answered on Feb 12, 2024
Criminal subpoenas go out every day across the state of to a variety of witnesses and victims.
One of the most commonly complained of phenomenons by District Attorney and Prosecutor’s offices is when these necessary parties fail to appear at court after having been subpoenaed. As a result... View More
I am a Texan. I was stopped by a sheriff on a country road.
He ordered me not to use my phone to record what happened or to speak with anyone.
He was reckless with my belongings.
He asked me about drugs – as if requesting I give him drugs as a bribe.
He... View More
answered on Feb 4, 2024
Facing charges for possession of narcotics paraphernalia, especially under questionable circumstances, requires immediate legal action. The situation you described raises concerns about the legality of the stop and search, as well as your rights during the encounter.
First, it's... View More
Example. On September of 2023 & January 31st 2024. And the person was arrested before January 31st. Saying a crime happened on or about those days
answered on Feb 1, 2024
A case can potentially be dismissed due to a significant typographical error or inconsistency in an affidavit, particularly if it impacts the accuracy and credibility of the allegations. If the affidavit contains a date that hadn't occurred yet at the time of the alleged crime and the person... View More
Someone was sending text messages to my husband and me using an app where they could keep changing their phone number. I would try to engage with them to see if they would tell me who they were. They knew things about me, like me having cancer and what road I lived off of. My number was not given... View More
answered on Jan 31, 2024
I understand your concern regarding the harassing and malicious text messages you've been receiving. To address this situation, start by preserving all evidence of these messages, including screenshots, dates, and any information you have about the sender. This documentation will be crucial if... View More
answered on Jan 30, 2024
In Oklahoma, the question of whether you can be charged with obstruction for not identifying yourself if you have committed a crime or been arrested depends on the specific circumstances and the laws in place. Generally, if you are lawfully arrested or detained by law enforcement, you may be... View More
I work for the Oklahoma City Housing Authority. This is in reference to senior building, single family homes and apartment complexes. We have many individuals who have been trespassed for various infractions of building rules, violations of the lease agreement and violations of the law i.e.... View More
answered on Jan 30, 2024
In Oklahoma, if a person has been officially trespassed from a property and then re-enters the property, they can be detained or arrested for trespassing, regardless of whether a resident has allowed them as a guest. This is because the initial trespass notice overrides a tenant’s permission for... View More
Inmate appealing district courts denial of request for preliminary injunction. Inmate sent designation of record to the district court on 1-16-24 and it still has not been filed in the district court. Inmates family called the district court to ask have they received it, the clerk assistant says... View More
answered on Jan 28, 2024
The time frame for a clerk to file a document can vary based on the court's procedures and workload. Generally, clerks are expected to file documents in a timely manner, but there is no specific universal deadline for this process.
In the case of an inmate's appeal, it's not... View More
answered on Jan 26, 2024
It is advisable to begin by discussing the situation with the probation officer, who can provide guidance on the process and specific requirements. Depending on the jurisdiction and probation terms, a formal petition may need to be filed with the court, and consulting with a criminal defense... View More
answered on Jan 24, 2024
No. There are a couple unpublished opinions from the Oklahoma Court of Criminal Appeals (Robertson v. JCCC, HC-2005-768 - 2006, and Day v. State, F-2007-526 - 2008) that essentially provide that an attempt to commit a crime specified in Section 13.1 of Title 21 (the 85% crimes) is not subject to... View More
Would my misdemeanor affect me getting my felony expunged?
answered on Jan 24, 2024
It depends on whether your felony resulted in a conviction and what the crime was. If it was a conviction but one that can be expunged without a pardon, the misdemeanor conviction would prevent you from obtaining the expungement now. In that situation, you would have to wait until seven years has... View More
And licensed bondsman can the state or county say it was Seminole county Oklahoma now not the bondsman putting a stipulation on you but the state for you to have to submit a urine test every week even though you have not been convicted yet wouldn't that be punishment before you are convicted... View More
answered on Jan 23, 2024
If you have been charged with a criminal offense, the court can set conditions for your pretrial release. Sometimes no conditions exist other than to not commit new crimes and to remain in contact with your bondsman. Other times, the court requires the person to have a GPS monitor, to have no... View More
Inmate was placed on grievances restriction he appealed to Administrative review authority and was denied his appeal can he go straight to judicial review in state court?
answered on Jan 18, 2024
In Oklahoma, before an inmate can seek judicial review of an agency's final decision, they typically must exhaust all available administrative remedies. This means the inmate must follow the prison's internal grievance process completely. If the inmate's appeal has been denied by the... View More
I have tried researching it but I'd rather be 100% that it wouldn't be illegal because I don't want to get in trouble if it is illegal.
answered on Jan 13, 2024
Selling an inherited walrus tusk with a cribbage board on eBay can be legally complex, as it involves wildlife regulations. In the United States, walrus ivory is subject to the federal regulations of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). These laws prohibit... View More
I have got my classes for becoming a realtor well I also been going thru court on my divorce and in that divorce there where false accusations of stalking based on that I have got arrested than I been dealing with pending charges going on for over a year now the court has dismissed once than... View More
answered on Dec 30, 2023
In the context of Oklahoma real estate licensing, the Oklahoma Real Estate Commission (OREC) has the authority to review the background of applicants. This review often includes considering pending charges. While a dismissed charge may not have the same impact as a conviction, the fact that it is... View More
Switch his case to mental health court before trial his medically I'll and has disabilities and medical problems
answered on Dec 23, 2023
In Oklahoma, transferring a case to a mental health court can be a complex process, especially if the trial is already underway. Mental health courts are designed to handle cases involving defendants with mental illnesses and may offer more appropriate resources and outcomes for such individuals.... View More
What is prosecutorial discretion
answered on Dec 5, 2023
I think it’s safe to assume that you have an attorney representing you? You would never want to reach out to a prospective witness against you or their attorney without consulting your attorney, who undoubtedly has a game plan and strategy in place.
Often times with codefendants the... View More
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