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Oklahoma Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: In Oklahoma what steps are required for a prisoner to take before requesting a judicial review of agency final decision?

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?

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Environmental, Federal Crimes and Gov & Administrative Law for Oklahoma on
Q: I am needing to make sure of the OK laws regarding selling a inherited walrus tusk that has cribbage board on it on ebay

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.

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Orec has put my Application approval background on hold due to a pending charge that was dismissed once Can they do that

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Health Care Law for Oklahoma on
Q: Hi I have a question my husband is in Allen Gamble Prison I'm trying to get his case switch mental health Court

Switch his case to mental health court before trial his medically I'll and has disabilities and medical problems

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Am I allowed to call my co defendants attorney to ask why he was dismissed of his count # charge but i have not...

What is prosecutorial discretion

Tracy Tiernan
Tracy Tiernan
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...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My co defendant got his case dismissed but my charges haven’t been dismissed? How’s that work

I was the passenger in my friends truck when we were pulled over. Turns out his truck was stolen and there was a pound of meth inside a taped up puzzle box in the passenger floor board. It’s a single cab truck with a bench style front seat. He had lots of stuff in the floor board already, I was... View More

Tracy Tiernan
Tracy Tiernan
answered on Dec 3, 2023

There are lots of different reasons why charges might get dismissed or pursued only against a certain occupant when there is more than one occupant of the vehicle and drugs are found in the course of a search. There’s a possibility that one occupant is cooperating in order to save his/ her own... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: For a novel in Oklahoma: Character sees evidence of murder on an in-law (bloody clothes) and does not report. Accessory?

If the character is certain that an in-law is the murderer, but does not say anything, and benefits from this relation afterwards, does this failure to tell the police constitute an accessory to murder? If this character decides to tell the truth 10 years later, will the DA cut a deal so the... View More

Charles Watts
Charles Watts
answered on Nov 30, 2023

By definition in Oklahoma 21 OS § 172, with Felonies, there are Principals (anyone who furthered the Felony act prior to or during the act itself -- aid and abet in the commission-even if not present), and Accessory After the Fact (anyone who helps conceal the already committed act). A good... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but....

My Po says I can't? Does he have the right to deny me that right?

Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2023

I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: If convicted of domestic assault and battery misdemeanor, can you live in a home with a firearm?
James L. Arrasmith
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answered on Nov 12, 2023

Bartlesville, Oklahoma has strict laws regarding domestic violence convictions and firearm possession. Specifically, under Oklahoma law, it is illegal for someone convicted of even a misdemeanor domestic assault and battery charge to possess a firearm.

The law prohibits anyone convicted of...
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1 Answer | Asked in Criminal Law, Native American Law and Wrongful Death for Oklahoma on
Q: I'm 29 and just found out I am pregnant a woman kicked me in my lower stomach abdominal Causing me to have a miscarriage

What type of crime would that be?

James L. Arrasmith
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answered on Nov 7, 2023

If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The... View More

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law, Small Claims and Education Law for Oklahoma on
Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?

My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she... View More

Timothy Carignan
Timothy Carignan
answered on Nov 3, 2023

There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't,... View More

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 Criminal Law for Oklahoma on
Q: How do I get something expunged off my record

It’s been on my record for over 30 years

Tracy Tiernan
Tracy Tiernan
answered on Oct 9, 2023

Many criminal defense attorneys also offer criminal record expungement services. It involves a petition, serving notice on several entities involving law-enforcement and other state offices, setting it for hearing, and, in most instances, simply circulating an order of expungement for signatures... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: An officer showed up at my house today said they wanted to speak with me said I had allegedly beat up someone

My girlfriend child and I was out of town and have witnesses to this and text from alleged victim sayin it was a lie can they arrest me

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

Yes, they can arrest for allegedly beating someone up. You should retain an attorney with experience in criminal defense to assist you in clearing the matter up. Police may not take your girlfriend's word for it. Gather together any receipts you may have for purchases made while you were... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: OSCN reads Jury Trial (issue) with the upcoming date. What exactly does this mean?
Tracy Tiernan
Tracy Tiernan
answered on Oct 1, 2023

An “issue” setting means it will be the actual Jury Trial. An evidentiary trial before a Judge with an impaneled jury, testimony taken from witnesses annd evidence introduced. The trial will conclude with a deliberation by the jury and, hopefully, a final verdict.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: So what does it mean when in it it says it's a state request more time at waiting for lab results and no record at this

Does that mean they don't have the proof of how much I had or what I had on me or is that events might have been lost or is it because I was arrested by Tribal Police but I'm going through a state case

Tracy Tiernan
Tracy Tiernan
answered on Sep 27, 2023

Criminal cases involving questions as to someone’s, possibly having ingested drugs or alcohol can sometimes be delayed when test results are sent off to the Oklahoma State Bureau of Investigation lab or some other lab for testing. I’m not sure what your situation is but I suspect, perhaps, a... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
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answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a bondsman tell you where you can live? Can they revoke your bond if you don't do what they say?
Tracy Tiernan
Tracy Tiernan
answered on Sep 16, 2023

Many bondsmen/ women operate differently. They don’t have to take your case. If they feel uncomfortable or feel, there is a risk you might not show up to Court or you are a flight Risk.

Again, you need to contact the bondsman/ woman that you have to discuss any issues related to a change...
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2 Answers | Asked in Criminal Law and White Collar Crime for Oklahoma on
Q: If a person pawns items they don't own, but retrieve items and return to owner w/o anyone knowing, can they be charged?
Tracy Tiernan
Tracy Tiernan
answered on Sep 14, 2023

Interesting fact pattern for certain. The crime (False Declaration of Ownership) was completed when you signed the document alleging you have owned the property for a certain period of time. The fact that you retrieve it later and make everything right would certainly be an extenuating circumstance... View More

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2 Answers | Asked in Criminal Law and White Collar Crime for Oklahoma on
Q: If a person pawns items they don't own, but retrieve items and return to owner w/o anyone knowing, can they be charged?
Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Sep 14, 2023

The answer depends, among other things, on how a person got access to these items. If a person has been entrusted with material assets belonging to his employer in connection with the performance of his official duties at work, then his actions will be recognized as abuse of official position. If a... View More

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