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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law and Divorce for Oklahoma on
Q: Boyfriend stole a the car we share in both names can i report it stolen

Tag is exspired insurence is about to end and i dont think he will make the payment.

Brian Boeheim
Brian Boeheim answered on Feb 9, 2020

If the vehicle is titled in both your names, it is hard to represent it as stolen since he has a valid claim of ownership. I don't think you have a way through police or the DA's Office to get the vehicle back. The only thing that comes to mind is small claims court. The argument is a breach of... Read more »

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Oklahoma on
Q: Where can I find the full list of laws or rules for Examination Under Oath in Oklahoma?

The 1 code listed is very vague. In California the list of EUO is at least 2 pages long on their website and it describes what is allowed and not allowed under EUO. Why is Oklahoma laws so vague concerning EUO? I’m not a policy holder and I’m a non driver on the policy, I’m also not a... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 7, 2020

An Oklahoma attorney could answer you best, but your question remains open for two weeks. As a general matter, there might not be a great deal of EUO-specific law out there. It could possibly be addressed in state insurance regulations, either expressly or impliedly, as measures permitted by... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a DA drop a misdemeanor domestic abuse charge? If so what does that even drop to? Will he even be punished?

I was involved in an assault by a boyfriend where I had to jump out of the vehicle in order for him to let me go, then he got out of the vehicle dragging me, I called the cops they came out took photos etc. They took him into custody when I stated I wanted to press charges. The detective on the... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 4, 2020

When you file a police report, it does not automatically mean the charges will be filed. The reality is that is up to the District Attorneys office. It is a fallacy that you can press or drop charges. That is purely up to the DA. You can be willing or unwilling to testify. I don't know why... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Oklahoma on
Q: If my first DUI was on my juvenile record, will my second DUI be a felony?

One of my friends got his 3rd DUI about 2 weeks ago. He has two previous misdemeanor DUI’s on his juvenile record. He was ordered to go to victims impact classes and to attend AA after he completed a year long rehab. He hasn’t completed all of his classes and is behind on court/probation... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 4, 2020

Aggravated DUI is always considered a felony. It is based on a blood alcohol level of over .15. The key to to fight the breath test or the blood test. This is complex, but if done right can save you a great deal of heartache and money. If it is in or around Tulsa, give us a call and we can... Read more »

1 Answer | Asked in Personal Injury for Oklahoma on
Q: I was helping a friend who is building cabins at Tantaka Ranch in Stroud, OK. I was putting on a metal roof when I fell

Off the roof fracturing my calcaneus.

Stephen Michael Kalpakian
Stephen Michael Kalpakian answered on Feb 4, 2020

What is your question?

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Inherited land and minerals in OK . Got a division order to sign. Would a new lease or agreement have to be signed?
Richard Winblad
Richard Winblad answered on Feb 3, 2020

Probably not. You are likely bound by your predecessor’s lease (or pooling order) for the well in question.

Also. You are entitled to royalties in Oklahoma even if a division order is not signed by you. Some companies try to get concessions with orders. But make sure they have your tax...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I get my misdemeanor charges dismissed if the arresting officer did not have reasonable suspicion to pull me over
Brian Boeheim
Brian Boeheim answered on Feb 3, 2020

I would have to see the discovery to understand what the officer is claiming and would potentially testify to, if put on the stand. If I were your attorney, and the evidence lent itself to your claim, then I would file a motion to dismiss and request a hearing at which point the State has the... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: Do I need to get a letter that I've written saying my child's grandparent will now have guardianship of them notarized?
Brian Boeheim
Brian Boeheim answered on Feb 3, 2020

Not sure what you mean by a letter? The two approaches I would possibly take is to do a Power of Attorney (POA) giving the grandparent the specific rights you want to transfer for a specific period of time. If created properly, this will protect the child, the grandparent, and your rights to... Read more »

1 Answer | Asked in Copyright and Trademark for Oklahoma on
Q: I want to use the word gunmetal in my salon name. But it shows the word gunmetal has been trademarked. Can I still use i
Tania Maria Williams
Tania Maria Williams answered on Feb 3, 2020

Your ability to use the word "gunmetal" depends on its use within your mark and the other mark. Examining attorneys look at the mark itself as well as the class of goods or services in which the mark is being (or will be) used. I would suggest enlisting the services of a trademark attorney to... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can someone charged in a robbery case met with so called traumatized victim then contact them to drop charges?

Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life

Tracy Tiernan
Tracy Tiernan answered on Feb 2, 2020

Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Oklahoma on
Q: "Sane" mother refusing all healthcare, what can we do? Will family caregiver be in trouble if something happens to mom?

Mothers already bad health is rapidly declining and she refuses to be taken to any Dr. My sis lives with her and tries to care for her but mom is being extremely difficult and we are afraid my sister will be in legal trouble for not getting her help, if she dies. All of our family has tried every... Read more »

David Humphreys
David Humphreys answered on Feb 1, 2020

Hire an elder law attorney for a consultation. Call her doctor and report what is happening. Talk to her and ask her why she doesn’t want to live. Tell her how it makes you feel that she doesn’t want to live.

Get real.

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: If your in a custody battle and you find out there was a case on your child for being malested but it’s sealed

How can you get that on the judges desk?

Pete David Louden
Pete David Louden answered on Jan 30, 2020

If these are records concerning a child that is the subject of the custody case, talk to your attorney about getting an order from the court for the sealed records.

1 Answer | Asked in Child Custody for Oklahoma on
Q: I have joint custody agreement & was served with Motion to Modify in OKC. What form do I need to contest modification?
Pete David Louden
Pete David Louden answered on Jan 30, 2020

Your attorney will file an Entry of Appearance and a Response to the Motion to Modify. After reviewing your case your attorney may also recommend requesting DHS records and discovery.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Will a vape charge be on my permanent record?
Tracy Tiernan
Tracy Tiernan answered on Jan 29, 2020

It depends on how the case is dealt with at court. Did you have an attorney? Did you represent yourself? Typical outcomes could be an outright dismissal, a probation that’s suspended (Conviction on your record but no jail time), a deferred probation (no conviction on your record if you... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: is there a time limit to record a deed

I had bought some property about 5 years ago in I never recorded

Anthony M. Avery
Anthony M. Avery answered on Jan 28, 2020

Generally there is no time requirement to record a deed. But waiting 5 yrs. will allow numerous types of deeds, liens, judgments, etc., to be filed in that County and take precedence, or even the entire property from you.

1 Answer | Asked in Immigration Law for Oklahoma on
Q: I want to bring my parents and underage brother to the USA and need to know if they can come at the same time.

I am a USA citizen, 32 years old. My income is good and I am capable financially to sponsor my family to come to the USA. I have 3 family members in Russia: my dad, 73 y.o., mom 53 y.o. and my little brother who is 14 y.o.

Am I amble to sponsor all of them for a family based immigration... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Here's a potential plan to discuss with the immigration lawyer you will need to see about this:

(1) File a permanent residence case for one of your parents. (BTW, parents of a US citizen are your "immediate relatives," not first preference. There is no waiting line or limit on IR-based...
Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: If your ID, po Box, bills, utilities, vehicle registration, all say TX, are you an actual resident in good faith of OK?

We stayed at the father in law's home in OK for over 6 months with intent to return to our home in TX. His health never improved. But we never changed addresses.

Pete David Louden
Pete David Louden answered on Jan 27, 2020

A person must live in Oklahoma six months to file a divorce and in the county where it was filed for the last 30 days. If there is a dispute over jurisdiction it would be decided by the judge.

1 Answer | Asked in Divorce for Oklahoma on
Q: A divorce petition requires the plaintiff to be "an actual resident, in good faith, of the state" What defines that?

She filed her petition in Beaver, OK. Her ID, mailing address, P.O. Box, utility bills, vehicle registration, address on car dealership contract, address on disability claims and benefits, income tax, all state Booker TX as her address. We DID stay at her father's farm for over 6 months, BUT WITH... Read more »

Pete David Louden
Pete David Louden answered on Jan 26, 2020

To file divorce must be a resident of the state for six months and a resident of the county where filed for 30 days.

1 Answer | Asked in Child Support for Oklahoma on
Q: When does the back child support go to the child? I'm 24 and I'm not in school and I'm not living with my mom.

How do I go about getting it to go directly to me?

Pete David Louden
Pete David Louden answered on Jan 26, 2020

Child support and back child support go to the custodial parent, not the child.

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