Oklahoma Questions & Answers

Q: If i never received the notice for the 120 hearing from the public trustee can I file for dissmisal?

1 Answer | Asked in Bankruptcy and Foreclosure for Oklahoma on
Answered on Feb 2, 2019
Timothy Denison's answer
I’m not sure what you’re asking bc if you filed the petition, it was incumbent upon you to provide your correct address in the petition. You should not rely on a creditor to provide anything on your behalf.

Q: what are the recourse from drinking water with cancer causing agents all of our lives now people are dying 30 years

1 Answer | Asked in Environmental for Oklahoma on
Answered on Jan 31, 2019
Timur Akpinar's answer
These types of cases tend to be complex and expensive to prosecute. They can involve the testimony of costly scientific experts, and require analytical tests of drinking water and other resources that were subject to contamination. As a first step, you could consult with an environmental/toxic tort law firm.

Tim Akpinar

Q: I have felony warrants for first degree assaults in new Hampshire but I live in Oklahoma now will they send us Marshals

2 Answers | Asked in Criminal Law for Oklahoma on
Answered on Jan 30, 2019
Gary Kollin's answer
All law enforcement officers can arrest you on the warrants. Extradition proceedings will then commence

Q: In oklahoma, would conversion of estate funds by a co executor be a state crime or a county crime?

2 Answers | Asked in Estate Planning for Oklahoma on
Answered on Jan 30, 2019
Richard Winblad's answer
See

A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:

...

B. Except as provided in subsection C of this section, embezzlement shall be punished as follows:

1. If the value of the property embezzled is...

Q: How long does burglary 2 with af carry?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jan 30, 2019
Keegan Kelley Harroz's answer
2-7 years with no prior felony convictions. Enhancements for prior felony conviction depend on facts you have not provided. Speak to your attorney regarding your sentencing range.

Q: I've asked this question twice....what legal action should I take when a false police report given by a lady that I fil

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Answered on Jan 30, 2019
Keegan Kelley Harroz's answer
You need to hire an experienced criminal lawyer to represent you.

Q: Mother of my kids resides in a different county then where she is filing child support is this right?

1 Answer | Asked in Child Support for Oklahoma on
Answered on Jan 29, 2019
Pete David Louden's answer
It depends on if this is an original action, if there is an existing case, how long she has lived at her current location, if she has lived where it was filed, etc. It will be fact specific. Contact an attorney directly. After asking you a few questions to determine proper jurisdiction they will be able to answer your question.

Q: What is "motion to settle" vs "trial" after reaching settlement through mediation in a divorce in Oklahoma?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 29, 2019
Pete David Louden's answer
Motion to settle resolves an order that was either agreed upon or decided by the judge and the other party does not sign. Purpose is to get the court to sign an order.

A trial means there is no agreement and the court conducts a hearing "trial" to decide all contested issues.

Setting a motion for hearing is usually faster than scheduling a trial.

If you do not have an attorney I would suggest that you get one.

Q: How can I file for a motion to dismiss

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Answered on Jan 29, 2019
Keegan Kelley Harroz's answer
DO NOT try to represent yourself. In criminal cases most judges will require you to hire an attorney. You need to hire an experienced criminal attorney to help you with this case.

Q: How much would a criminal defense lawyer usually charge to take a case against 4 felony charges

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jan 28, 2019
Keegan Kelley Harroz's answer
That depends upon a number of factors: age, criminal history, type of charges, the stage of litigation, the amount of experience the attorney possesses, client goals, etc. Meet with 2 or 3 attorneys to discuss your case. Do NOT pick an attorney solely based on the quoted fee. Pick an attorney you feel comfort working with.

Q: How do I file contempt of court against ex-wife for required payments and against Lane Bryant (Comenity Bank)???

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 28, 2019
Pete David Louden's answer
Your action would be against your ex

not the bank. You can file contempt against your ex if she has willfully violated an order if the court. If found guilty she can be ordered to pay your attorney fees and in some extreme cases even be sentenced to jail.

Q: I cannot afford an attorney, I’m trying to probate my mother’s will, the judges clerk sent me back my papers and said

1 Answer | Asked in Probate for Oklahoma on
Answered on Jan 28, 2019
Richard Winblad's answer
Probate matters are complex, it is difficult to comply with the requirements without having experience. While you might find some forms at the local law library in the courthouse, the real task is knowing what to file and when. Many attorneys handle probate estates on a flat fee basis. Check in your area.

Q: If I had contraband in my pocket when arrested but not checked physically ( inside pocket) would that be a felony.

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jan 28, 2019
Keegan Kelley Harroz's answer
No, but it is a misdemeanor if you do not have a valid prescription for the pills.

Q: Does family of defendant need to talk to news when appeals are about to start

2 Answers | Asked in Appeals / Appellate Law for Oklahoma on
Answered on Jan 27, 2019
Pete David Louden's answer
You should speak with the attorney for the defendant and seek guidance on this issue. The attorney can tell you what potential impact it may have on the case.

Q: what is best way to address property boundary dispute with adjacent property developer? Currently encroaching my prop.

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Jan 27, 2019
Vincent Gallo's answer
You should have acquired a title insurance policy that is intended to address your dilemma.

Q: Can paperwork be submitted directly to judge without being filed or made available to all parties

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
No, that is called and ex parte communication.

Q: Civil case in OK. Can a judge use his own conclusions of law & finding of facts?

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
It would be highly unusual for a judge to base his decision on facts that were not presented in some form to the court. An attorney's "conclusions of law" are generally the result that the facts call require. It is possible that the judge focused upon facts or laws that neither side considered relevant or important. You should discuss with your attorney about the ability to appeal if you were aggrieved by the decisions.

Q: If I have been a tenant of a commercial property over 10 years do I have a right to buy the land before a stranger?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
Unfortunately, no. Unless your lease or rental terms state differently.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.