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Oklahoma Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Criminal Law for Oklahoma on
Q: What can I do if a judge threatens to jail me for not hiring counsel? Denying me the right to a public defender.

I'm homeless with no job. Been trying hard to find a job.

Tracy Tiernan
Tracy Tiernan
answered on Dec 24, 2021

This is an incredibly common phenomenon in the criminal court system in Oklahoma and elsewhere. You bonded out …..somehow. It may not have come out of your pocket but it came out of someone’s pocket …your family, or a friend, or an acquaintance that was trying to help you. Now the judge is... View More

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Oklahoma on
Q: What info can one use to prove common law marrige in oklahoma?
Charles Watts
Charles Watts
answered on Dec 13, 2021

Proving common law is a fact-finding adventure and you should consult with a family law attorney to assist you. While it may seem very easy it in fact can be challenging to prove.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Is there a way for a felon on probation to get a liquor license? Turn a guilty plea to non-guilty years after sentencin?
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2020

You ask a few questions here that I am going to try to answer.

An individual currently on probation for a felony is not likely going to qualify for any alcohol/liquor license in the State of Oklahoma. The laws with regard to eligibility for alcohol licenses make individuals convicted of a...
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1 Answer | Asked in Family Law, Child Custody and Gov & Administrative Law for Oklahoma on
Q: I need legal representation for a divorce I was never part and was kept away from my kids please

I would like to re evaluate the my court case only this time I have the right representation thank you

Pete David Louden
Pete David Louden
answered on Nov 16, 2020

Where in Oklahoma is your case?

Has there already been a divorce decree filed? If so, when?

What is it you want to try to modify?

Any other details of your case you can think of would be helpful also.

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Libel & Slander for Oklahoma on
Q: How can we get my wifes ankle monitor activity for a certain day so we can clear our names and get her out of jail.

Her next court date isn't for another month and a half. She was on ankle monitor at time the crime happened and also there's a video of the couple that actually did it. She doesn't need to sit in jail any longer for something we never did. And what kind of legal action can we take... View More

Andrea Worden
Andrea Worden
answered on Sep 8, 2020

Hire a true criminal defense attorney.

Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2020

The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:

"The...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Gov & Administrative Law for Oklahoma on
Q: In Oklahoma local police took a friend's dog said he had pay fees and unrelated traffic tickets before returning dog
Brian Boeheim
Brian Boeheim
answered on Apr 22, 2020

Normally, law enforcement can take possession of a dog if hasn't been inoculated, spayed, or neutered, or if it is "at large", has bitten someone, or is deemed dangerous, and yes, at least under Tulsa Municipal Ordinances (Title 2, Section 109), there are reclaiming and impoundment... View More

1 Answer | Asked in Criminal Law, Education Law and Gov & Administrative Law for Oklahoma on
Q: Can school administrators suspend students from school just from suspicion of drug use?

If a student is called into the principal’s office under suspicion of drug use, can they suspend them, even if there’s no evidence and no proof of possession of drugs?

Brian Boeheim
Brian Boeheim
answered on Feb 11, 2020

It would depend on the code of conduct, or the administrative rules within your school. It is not a criminal action less they intend to charge your child with public intoxication. Without some type direct evidence, I would be troubled by their conclusion, but there may be no recourse without... View More

Q: What is appeal? If sentenced can you still get one?
Tim Akpinar
Tim Akpinar
answered on Feb 9, 2020

You include four categories for your question, but do not include Criminal Law - although you mention the word "sentencing." If your matter involves sentencing, a criminal defense lawyer should be advising you. As a general matter in virtually any context, appeals are governed by short... View More

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, 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 Gov & Administrative Law and Civil Litigation for Oklahoma on
Q: I have subpoenaed an individual who was employed by the state, but now is employed by a county in the state. The person

works in one city, but resides in the city where the case is to be held. The person states they will not show up because they are no longer employed by the state and must be compensated with lodging, mileage, and lost wages in order to show. I am acting Pro Se. Am I required to compensate this... View More

Doak Willis
Doak Willis
answered on May 18, 2019

In order for a witness to be made to appear under subpoena, you must follow the law in paying a witness fee and mileage and other conditions set forth in the statutes. So you are required to compensate witnesses you subpoena. Depending on how critical their testimony is to your case will be the... View More

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 Election Law, Gov & Administrative Law and Public Benefits for Oklahoma on
Q: If you reside in the zipcode of a city in Oklahoma, and not in the city proper, do you get a vote in city elections?

There is a Mayoral election upcoming and there is a lack of clarity on who is allowed to vote in it.

Kyle Persaud
Kyle Persaud
answered on Mar 6, 2019

Check your city's municipal code. Your city's municipal code will tell who can vote in city elections, and who can't.

Some Oklahoma cities publish their codes online at www.municode.com

See if your city's code is there.

If your city's code is not on...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Oklahoma on
Q: Can the CITY OF MOORE prohibit me from legally carrying a firearm in a city park if I have a state issued license?

If I correctly understand the Oklahoma Self-Defense Act, page 24, Sect B, Paragraph 4, City parks are one of the places that State Law specifically excludes from gun control by City ordinance.

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 18, 2018

Correct. But I would not open carry there and risk a confrontation which could cost time and money if you're arrested.

1 Answer | Asked in Family Law, International Law and Gov & Administrative Law for Oklahoma on
Q: How do I file a court order in the US to change my name on my birth certificate if I am now a perm resident of Mexico?

Through marriage and divorce, my name has legally changed from what is on my birth certificate issued by the state of Oklahoma. My legal name on all current identifying documents (US passport, DL, Social Security card) has changed significantly from my birth name. This is a crime in Mexico - to... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jan 22, 2018

Since you're a resident out of the country, it gets complicated. Ordinarily a change of name needs to be filed in the County in which the person resides. See 12 OS Sec 1631 http://www.oscn.net/applications/oscn/deliverdocument.asp?id=94759&hits= , which provides as follows:

Any...
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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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