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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: What dna test can I take to prove I'm indian to get a state charge dismissed in Oklahoma?

I've been trying to get my indian card cause my great great grandmother was full blood Cherokee indian.

Charles Watts
Charles Watts
answered on Nov 1, 2022

Almost every tribe does not accept dna for membership.

1 Answer | Asked in Family Law, Divorce and Child Custody for Oklahoma on
Q: In custody agreement plan, "any other mutually agreed upon time" is violated, is this action enforceable by police.

Rewording question for vagueness. In regards to custody exchange agreement the phrase "any other times mutually decided and agreed upon" I am aware that this does not mandate additional time. Ex spouse reason for not allowing additional time is both parties agree to additional time and... Read more »

Charles Watts
Charles Watts
answered on Nov 1, 2022

Again the answer is the same. The officer does not have anything to enforce because the mutual agreement is an above and beyond clause. The officer can address any definite order from the court - such as a specific holiday or where one person is supposed to meet at a specific time ((that is in the... Read more »

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: In okla.do no passing zone signs have to be certain color and shape for ticket to be valid.
Charles Watts
Charles Watts
answered on Nov 1, 2022

A sign is not required in Oklahoma. The Oklahoma. Highway department or the designated authority for that jurisdiction can determine where the zones are and they are identified by signage OR by markings (double yellow line). So if there was a double line and the sign had been stolen or been spray... Read more »

1 Answer | Asked in Tax Law for Oklahoma on
Q: Is there any decal stickers or tags that are required to be on a coin operated vending machine.
Charles Watts
Charles Watts
answered on Nov 1, 2022

The technical answer is if it is In a place of business or intended to be for profit (even if it is not profitable) then yes a decal is required from the tax commission.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: How do I obtain deed to my home if I never received it. I do have the abstract though
Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

You must, get deed from the persons you purchased the home from. If this can't be done, consult a real estate lawyer to start a quiet title action.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: I need to sell my home with joint tenancy but I do not know how to contact my ex, how do I get him removed from deed?

We've been separated 7 years, divorce hasn't been filed, our property was put up for auction due to delinquent taxes, I managed to pay all taxes due & keep home. He has never tried to return to the home. He has legal obligations that also keep him from returning to the home. How do I... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

Since you're still married, both you and husband must sign deed to, New purchaser. Only way to remove him is through a divorce.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I have a teen who ran away from the state of Kansas custody. I live in Oklahoma City will I have to send her back

I am teens biological mother but my rights were terminated to her 15 years ago. She has recently been taken by the state again but from her aunt that adopted her and doesn't want her back. she wants to be with me. I don't want them to come pick her up and not sure what I can do at this point

Charles Watts
Charles Watts
answered on Oct 29, 2022

Unfortunately for you you have no legal standing in keeping her if your rights were terminated. Her aunt “may” grant you guardianship which would essentially give you permission for custody but would not change your status in regards to the parental rights. This is all conditional on the courts... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Is "any other times mutually decided and agreed upon by and between parties" enforceable?

In current permanent parenting plan, custody exchanges are detailed except one. The phrase "Any other times mutually decided and agreed on by and between the parties" is included. Ex spouse refuses any and all requests for this as she believes that this is not enforceable if one party... Read more »

Charles Watts
Charles Watts
answered on Oct 28, 2022

Your question is a bit vague and not sure what the law enforcement provision is regarding to. In general “any other times” is just that times that are not specifically mentioned in the plan (ie. Regular visits, holidays, summer, etc…) and thus these times are merely optional so long as both... Read more »

1 Answer | Asked in Divorce, Family Law and Tax Law for Oklahoma on
Q: I need to know who has POA over me. can u help me

I know a loan on my house was done when I was in prison. and this same person remarried myself and Logue. I thought I was divorced in 2012. But I have been supporting him and his other females unknown to me. My trust I had got wiped clean and now I'm over 20,000 in debt

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 26, 2022

if you are asking specifically regarding the IRS or State you can call, confirm your identity, and see who has an active Power of Attorney on your account. The representatives you speak to should be able to give guidance on how to revoke that power as well.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Oklahoma on
Q: Is there a website, book, or other source accessible to the public where I can read all of the Oklahoma Laws?

I ask in order to know laws that do/ do not apply to me.

David A. Cincotta
David A. Cincotta PRO label
answered on Oct 25, 2022

There are a few. The Oklahoma Judicial Branch has a website that has all of the Oklahoma Statutes, Constitution, Session Laws, and more. Go to www.oscn.net and click the link for "Legal Research" and then click on "statutes" or "Oklahoma Statutes Citationized" From... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My neighbors acroos the street shot off their weapon (gun) 7 rounds a few minutes later (3) fired off another 7 rounds.

approximately 10:45 p.m. The next day i noticed a hole in my svreen and window leading to my livingroom. The ricocheded bullet only went through the screen and first glass. I notified the police. The officer took a report and picture of the window, then left. Looking into the replacement of the... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Oct 24, 2022

You should contact the detectives to see if they have any updates or suggestions. They generally want to help and want to get to the bottom of the matter, but they may have additional cases to investigate in front of yours. If you hear gun shots, call 911 and report it immediately. There may be... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do you have to be ordered by a judge to register as a violent offender? Or can Doc make you?

My probation officer is trying to make me register as a violent offender. I wasn't ordered to. Nor been convicted of such crime

David A. Cincotta
David A. Cincotta PRO label
answered on Oct 24, 2022

Contact the attorney who represented you at the time of your plea. If that attorney is not available, contact a criminal defense attorney. Generally, the Court does not have to order it for the individual to be required to register. There may be arguments that exist for not having to, but I would... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I get a misdemeanor dropped if it came as a result of me getting falsely accused of something else?

I was accused by a driver of throwing a rock and breaking his windshield. I have surveillance video showing me walking away from his car without throwing anything as well as footage of his car with a cracked windshield before he got to me. He called the cops and within a minute they had me detained... Read more »

David A. Cincotta
David A. Cincotta PRO label
answered on Oct 24, 2022

It's difficult to say for sure. If law enforcement was acting reasonably based on the information they had at the time, it is unlikely the fake id would be suppressed. With that said, the prosecutor may become more lenient regarding the fake id upon proof that the misdemeanor involving the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Walmart Pressed charges against me and did not tell me, they went and told other people, is that legal?
David A. Cincotta
David A. Cincotta PRO label
answered on Oct 24, 2022

It is unclear exactly what occurred here or what charges have been brought against you. With that said, Walmart must have made a complaint to a law enforcement agency regarding something they have alleged that you did. Walmart is not able to prosecute criminal cases or to decide whether to... Read more »

1 Answer | Asked in Divorce, Military Law and Family Law for Oklahoma on
Q: My soon to be ex husband is active duty military. I moved out on Tuesday. Is he obligated to help me financially?

I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Oct 24, 2022

Yes he is required to pay by military regulation, if he will not agree to pay, contact the Inspector General's Office. This is just a temporary measure until you obtain a court order.

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Construction Law for Oklahoma on
Q: What type of lawyer would specialize in an invoice dispute?

Dispute is between a private resident and a construction company invoice for work performed at home.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

An Oklahoma attorney could advise best, but your question remains open for three weeks. A civil litigation attorney should be able to handle a straightforward one. If the matter is highly technical with engineering or architectural attributes, there are construction law attorneys. Good luck

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Bank of America won't accept Holographic will. It is entirely handwritten, dated and signed by the deceased.

Bank account is well under $50,000. How can the bank refuse to accept the will and give me the bank account? I am the only person listed in his will to inherit everything he owned. I am/was a close friend for 30 years. We were never married and never had any children together or owned anything... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 21, 2022

The bank does not have to accept any will, handwritten or notarized or witnessed or whatever. It is the probate court that decides if a will is valid. You probably need to hire a probate attorney to help you with this. If the estate truly is small, a probate attorney can help you prepare a small... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have been in prison in the past but more than 10 years ago but I Caught a new position with intent to dis tribute

What are the chances of me getting accepted into a alternative program?

Tracy Tiernan
Tracy Tiernan
answered on Oct 20, 2022

It’s difficult to say without knowing the specifics of your past criminal history. Alternative courts such as veterans court, drug or DUI court, mental health court, they are reluctant to accept candidates with a violent history, or a history involving guns or protective orders. It’s been a... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: In Oklahoma, if you are married & you have joint ownership on all & beneficiary on investments. Does spouse inherit it?

Spouse has jount ownership & beneficiary on all, who inherits?

Charles Watts
Charles Watts
answered on Oct 15, 2022

The beneficiary will receive that benefit as those are processed outside of other items. Generally, As a joint owner it is normal to have rights of survivorship which the owner surviving receives the rights/ownership of the property in question. To get more specific answers with your case then... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: In Oklahoma does wife keep assets in joint ownership or beneficiary of assets?

Does she have to split with children?

Charles Watts
Charles Watts
answered on Oct 15, 2022

This is dependent on how things are set in place in regards to any will/trust or eatable planning.

Normally, property is marital property and normally goes to the spouse, however with majority of law there are other factors that can be in place. Therefore you need to contact an attorney to...
Read more »

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