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Oklahoma Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: How can I relinquish the parental rights of the father of my son?

A protective order was issued against him for Me and my son for 5 years back in 2018.

Charles Watts
Charles Watts
answered on May 4, 2022

In short - your only option is a step-parent adoption has to take place. There is another way where DHS is involved but they wouldn’t be involved in your situation it doesn’t sound like. In essence the state will not terminate the rights of a parent without someone else assuming the rights (and... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do I prove I was trying to help, not steal?

I found a phone and wallet at a grocery store 30mins before close. I took it, and tried to find this person. From her DL, I looked her up on FB, and contacted like 3 family/friends (based on last name). I drove to the address on DL, but it was an apartment complex and DL didn't have apt... Read more »

Tracy Tiernan
Tracy Tiernan
answered on May 3, 2022

Your sory has the appearance of being reasonable, however you need to consult a criminal defense attorney, present him/ her with the proof that you have described and get an opinion as to whether or not it might hold water in a court of law (or help in a plea negotiation with the state). What might... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have failure to pay warrants are they still felony wastage on the warrants?
David A. Cincotta
David A. Cincotta
answered on May 3, 2022

I'm not sure I understand your question. If you have warrants for failure to pay court costs, you can likely resolve those warrants by paying the balance in full, by contacting the court clerk to see about getting set up on a payment plan and making your payments, or by requesting a rule 8... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it normal to be jailed for unpaid fines on a court case that was dismissed.
Tracy Tiernan
Tracy Tiernan
answered on May 2, 2022

Cases are dismissed for a variety of reasons. It doesn’t always mean that someone is innocent, but I don’t know your story. Many times cases are dismissed in a plea negotiation after a period of probation. Sometimes when a case is dismissed there are costs or monies that are still owed. If they... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma what laws say when a cop can use their spotlights??

We have had county laws sit at a 4 way stop every night almost for over 2 months spotlighting every car that comes through that stop. Blinding some drivers.

David A. Cincotta
David A. Cincotta
answered on May 2, 2022

The provision of Oklahoma law dealing with the use of spot lamps does not apply to law enforcement vehicles.

See Section 12-217 of Title 47. Subsection C states:

"The operator of any motor vehicle:

1. Which has in use a spot lamp shall, upon the approach of another...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Does the governor make the last decision on all parole reovations?

Love one violated his parole on a minor offense, does the governor have the last decision, or does the governor have the last decision if the offense is revoked by DOC?

David A. Cincotta
David A. Cincotta
answered on May 2, 2022

The Department of Corrections supervises individuals on parole and has the power to issue a warrant for a parole violation. If a warrant is issued and the person is arrested on said warrant, the Pardon and Parole Board (usually one person with authority to act on behalf of the Board) will conduct a... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: It was not a city cop. It was light horse that came out. But they were looking for a gun and found drugs in a box that

The box was not big enough to hold a gun.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2022

In your factual statement you didn’t recite whether they had a warrant or not. There are lots of factors that go into suppressing an illegal search and seizure. You need to immediately contact and or retain a criminal defense attorney who can go over the facts carefully and make a decision on... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: In the State if Oklahoma. A single man dies with no will. If no family files in probate what happens?

The man has a surviving sister and niece and nephew from deceased sister.

David A. Cincotta
David A. Cincotta
answered on Apr 28, 2022

The short answer is that "it depends." There are situations in which no probate is necessary. However, there are often times that family does not file probate and years down the road they find out that they should have. I would recommend you contact a probate attorney in or around the... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Non-Violent Felony changed to Violent felony. Am I still Non-Violent?

Good afternoon,

I was researching some changing gun laws in my state. Upon doing so, I noticed the felony I was convicted of was changed to a “violent felony” six years after I plead to the crime. I’m wondering if I am now considered a violent felon or an

I still protected... Read more »

David A. Cincotta
David A. Cincotta
answered on Apr 28, 2022

If you are looking at other laws that specify crimes that impact eligibility or prohibited conduct and you are trying to determine if you are eligible or prohibited from said conduct based on a prior conviction, most of the time it will not matter what the law was at the time of your conviction;... Read more »

1 Answer | Asked in Criminal Law, Education Law and Municipal Law for Oklahoma on
Q: How much would the bong be if the charge was 21 o.s. 649(B) She was charged that for biting a police officer
David A. Cincotta
David A. Cincotta
answered on Apr 28, 2022

This will depend on where the charge is filed, her criminal history, and possibly other factors.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I accepted a suspended sentence for a misd. I was ordered to OCS supervision the DA said I would pay supervision fees

(which she said was 991 fees), court costs, and restitution. Looking at my paperwork it looks like I am required to pay supervision fees to OCS and also 991 fees to the DA does that seem correct?

David A. Cincotta
David A. Cincotta
answered on Apr 28, 2022

Yes, except in those counties where the DA's office does the supervision (there are not many of them anymore - because they can make the $40/month for doing nothing). In all other counties, a 991 fee (prosecution reimbursement fee) is a separate fee payable to the DA, and the entity... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can police enter your house for a arrest warrant even if they don't know if you're there or not

A buddy has a arrest warrant out for him and just wondering if they could go into his house to arrest him even if he doesn't answer the door and they don't know if he is there. This has nothing to do with a search warrant and don't involve me. I just curious if police can kick your... Read more »

David A. Cincotta
David A. Cincotta
answered on Apr 28, 2022

The answer may depend on a few facts. Generally speaking, law enforcement is permitted to enter the residence of the person subject to an arrest warrant if the officers have a reasonable belief that the person is located inside. So, they must not know for certain that he is in the residence. They... Read more »

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1 Answer | Asked in Copyright for Oklahoma on
Q: if I made a design while in a group, if I left the group would it still be considered my design or the groups?

I was in an online group for a project awhile back and in the group I made a character design. I’ve since left the group and was wondering if the design would legally be considered mine or the groups? There were no contracts involved, and the character design doesn’t belong to the group, it was... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 27, 2022

As the creator of an original work, you own copyright in the work unless there was an agreement that it was a "work for hire". There being no such agreement, you retain all rights in the work and should inform the group to that effect, and insist that your work not be included in the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a DA's office call me and serve me with a subpoena by telephone?

A subponea for me has been issued twice now and i have yet to be served with anything from anybody.

Tracy Tiernan
Tracy Tiernan
answered on Apr 26, 2022

You need to consult a civil or criminal defense attorney with expertise in this area and have them review the Oklahoma statutes related to service of process. As a general rule though, subpoenas are commonly served in person by a licensed process server or a law enforcement official or by mailing... Read more »

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: I got 3 tickets 119 speeding in a 60mph road reckless driving driving with permit
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 21, 2022

The reckless driving is the worst of the 3 offenses and that alone suggest that you recommended court of action is to hire a traffic ticket attorney in your area in hopes of obtaining the best outcome. Good luck.

1 Answer | Asked in Gov & Administrative Law for Oklahoma on
Q: Do i have to have a passenger side mirror by law in oklahoma
Charles Watts
Charles Watts
answered on Apr 19, 2022

Assuming your vehicle is a standard American left driver vehicle then no a right passenger mirror is not required IF the interior middle mirror is in place. If you are in a vehicle where the center rear view mirror is not equipped or is ineffective (such as in a cargo van with no windows) then that... Read more »

1 Answer | Asked in Car Accidents and Libel & Slander for Oklahoma on
Q: Do I have grounds to dispute this insurance?

I was recently in a minor vehicle collision. Minimal damage to the vehicles. I ended up with three dislocated ribs. Police report clearly states that the other driver was at fault. The agent for the other driver called me and disputed the dislocated ribs stating, “Did you diagnose... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2022

An Oklahoma attorney could advise best, but your question remains open for two weeks. This is something that attorneys in the Libel/Slander category would know better than car accident attorneys. There's no guarantee all questions are picked up, but you could repost in that category. Good luck

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Oklahoma on
Q: I have a first offense dui, I am in Cleveland county Oklahoma, am I allowed to continue using OMMA medical card?

My Dui was under alcohol and had nothing to do with drugs.

Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2022

The freedom to use one’s medical marijuana cards to ingest medical marijuana while someone is on any type of criminal probation in the city or County courthouses throughout the state of Oklahoma is a confusing mess.

Well many probation officers and Judges DO allow the use of medical...
Read more »

1 Answer | Asked in Car Accidents for Oklahoma on
Q: I signed a settlement for a car accident the insurance told me a higher amount that was on the settlement.

I signed a settlement for a car accident the insurance told me a higher amount that was on the settlement but I didn't notice until after I signed, is there anything I can do?

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2022

An Oklahoma attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. Based on the brief description, one possibility is that the settlement you say you signed (which was probably a release form) contained figures for a gross settlement, not... Read more »

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Can I undo signing parental rights away a year ago in favor of a step parent adoption if that adoption never took place?

About a year ago, I decided that it was in my daughter's best interest to sign my parental rights away to allow her step dad to adopt her. I did this because we had been dragging out a custody battle for 4 years without ever actually going to court for custody. Every court day was more and... Read more »

Charles Watts
Charles Watts
answered on Apr 14, 2022

Your case has specific details that will be best suited with an attorney rather than this forum. Most will give a free phone consultation. I suggest you contact one sooner rather than later so that you can insure your rights if they in fact still remain intact.

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