Lawyers, Answer Questions  & Get Points Log In
Oklahoma Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law, Native American Law and Child Custody for Oklahoma on
Q: Can a non-native father OBJECT to the enrollment of his child(5) and the transfer of child custody case to Tribal&ICWA?

The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Oklahoma on
Q: Stopped and searched and charged with posession of narcotics paraphenalia,

I am a Texan. I was stopped by a sheriff on a country road.

He ordered me not to use my phone to record what happened or to speak with anyone.

He was reckless with my belongings.

He asked me about drugs – as if requesting I give him drugs as a bribe.

He... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

Facing charges for possession of narcotics paraphernalia, especially under questionable circumstances, requires immediate legal action. The situation you described raises concerns about the legality of the stop and search, as well as your rights during the encounter.

First, it's...
View More

1 Answer | Asked in Contracts and Employment Law for Oklahoma on
Q: What can I do?

My department that I worked for is charging me for equipment, uniforms, etc. they are also charging me more for breaking our contract but are stating I didn’t stay a full year out of the two years I was supposed to stay what do I do?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024

If you believe you are being unfairly charged for equipment, uniforms, or other items by your former employer, and if they are attempting to enforce a contract penalty for not completing the agreed-upon term, you may want to seek legal advice. Review your employment contract carefully to understand... View More

1 Answer | Asked in Child Support and Family Law for Oklahoma on
Q: Why does DHS send me child support papers when my ex has not sign DHS papers in years for it so why am I being served

Papers for child support and a hearing to review my case how is there a case if my ex doesn't get benefits from DHS and hasn't contact them or dealt with them in many years so how can I find out my rights

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024

It's possible that the Department of Human Services (DHS) in Oklahoma initiated the child support proceedings on behalf of your child, regardless of whether your ex has signed any papers or receives benefits from DHS. In Oklahoma, DHS has the authority to enforce child support orders and take... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Municipal Law for Oklahoma on
Q: County refuses to clean a culvert and it floods our property. What can we do?

This has been an ongoing process for more than two years. They say they don’t have the equipment to maintain.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

In Oklahoma, if the county refuses to clean a culvert resulting in flooding on your property, you may have legal options to address the situation. First, you could attempt to resolve the issue through direct communication with the county authorities, highlighting the impact of the flooding on your... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Federal Crimes and Internet Law for Oklahoma on
Q: Can a case be dismissed on a typing error. Affidavit has date that hadn't even occurred yet on it as part of it

Example. On September of 2023 & January 31st 2024. And the person was arrested before January 31st. Saying a crime happened on or about those days

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

A case can potentially be dismissed due to a significant typographical error or inconsistency in an affidavit, particularly if it impacts the accuracy and credibility of the allegations. If the affidavit contains a date that hadn't occurred yet at the time of the alleged crime and the person... View More

1 Answer | Asked in Criminal Law, Communications Law, Internet Law and Libel & Slander for Oklahoma on
Q: How would I go about getting some harassing and malicious text messages gone through and press charges?

Someone was sending text messages to my husband and me using an app where they could keep changing their phone number. I would try to engage with them to see if they would tell me who they were. They knew things about me, like me having cancer and what road I lived off of. My number was not given... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

I understand your concern regarding the harassing and malicious text messages you've been receiving. To address this situation, start by preserving all evidence of these messages, including screenshots, dates, and any information you have about the sender. This documentation will be crucial if... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Can you be charged with obstruction for not identifying if you have committed a crime or arrested.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

In Oklahoma, the question of whether you can be charged with obstruction for not identifying yourself if you have committed a crime or been arrested depends on the specific circumstances and the laws in place. Generally, if you are lawfully arrested or detained by law enforcement, you may be... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: can a person who is a guest of a tenant, that has been previously trespassed be detained or arrested for trespassing?

I work for the Oklahoma City Housing Authority. This is in reference to senior building, single family homes and apartment complexes. We have many individuals who have been trespassed for various infractions of building rules, violations of the lease agreement and violations of the law i.e.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

In Oklahoma, if a person has been officially trespassed from a property and then re-enters the property, they can be detained or arrested for trespassing, regardless of whether a resident has allowed them as a guest. This is because the initial trespass notice overrides a tenant’s permission for... View More

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Is it legal for an impound yard to sell my car at auction without notifying me first

Was in jail for 50 days but was in contact with impound yard every day the whole time and made it clear I would be in to claim my car and not to sell it. The day I got out I went straight there and sawy car sitting in the yard. Asked to gety stuff out and how much fees were. They told me it... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

In Oklahoma, as in most states, impound yards and towing companies have the legal right to auction off vehicles to recoup unpaid towing and storage fees. However, they must follow certain legal procedures, typically including providing notice to the vehicle owner.

The critical aspect is...
View More

1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: How long after receiving documents does the clerk have to file document?

Inmate appealing district courts denial of request for preliminary injunction. Inmate sent designation of record to the district court on 1-16-24 and it still has not been filed in the district court. Inmates family called the district court to ask have they received it, the clerk assistant says... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

The time frame for a clerk to file a document can vary based on the court's procedures and workload. Generally, clerks are expected to file documents in a timely manner, but there is no specific universal deadline for this process.

In the case of an inmate's appeal, it's not...
View More

1 Answer | Asked in Social Security for Oklahoma on
Q: How will my child's disability payment be determined?

In June 2023 I filed a disability claim for my nephew, who I have had sole permanent conservatorship of since infancy. I'm the only person who has ever carried him on my taxes, and I'm the only person who has ever provided any financial support for him.

I expect his disability... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

The determination of your nephew's disability payment under the Social Security Disability Insurance (SSDI) program primarily depends on his own work history and earnings, not on yours or his biological parents'. However, since it sounds like your nephew may be a minor or has not worked,... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What are my options on a voluntary extension of probation
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

It is advisable to begin by discussing the situation with the probation officer, who can provide guidance on the process and specific requirements. Depending on the jurisdiction and probation terms, a formal petition may need to be filed with the court, and consulting with a criminal defense... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: Is it better for inmate to file suit while incarcerated or after he gets out in 6 months?

Oklahoma Inmate filing grievances on the violation of civil liberties, the prison administration puts him on grievance restriction and transfers him to prison across state to try to make his issues mute. Inmate files injunction in district court for retaliation in transferring him and challenges... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

In your situation, deciding whether to file a lawsuit now or after release from incarceration in Oklahoma involves weighing several factors. Filing while incarcerated could be challenging due to the potential roadblocks you mentioned, like grievance restrictions and administrative hurdles. The... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is attemted robbery in oklahoma an 85 percent crime?
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

No. There are a couple unpublished opinions from the Oklahoma Court of Criminal Appeals (Robertson v. JCCC, HC-2005-768 - 2006, and Day v. State, F-2007-526 - 2008) that essentially provide that an attempt to commit a crime specified in Section 13.1 of Title 21 (the 85% crimes) is not subject to... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a felony from September of 2014, am I able to get it expunged? With that I got a misdemeanor in November of 2018.

Would my misdemeanor affect me getting my felony expunged?

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

It depends on whether your felony resulted in a conviction and what the crime was. If it was a conviction but one that can be expunged without a pardon, the misdemeanor conviction would prevent you from obtaining the expungement now. In that situation, you would have to wait until seven years has... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Oklahoma on
Q: Drug dog violation

I got pulled over for my taillight and during the stop they walked the drug dog down one side of the vehicle and the dog never alerted to anything but they went ahead and pulled us out and detained us. They had no reason to suspect drugs or anything can they do that in oklahoma

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

In Oklahoma, as in other states, police can use drug-sniffing dogs during traffic stops, but there are legal limits to this practice. The use of a drug dog itself doesn't typically violate your rights, but the duration and manner of the traffic stop can be significant.

The police need...
View More

1 Answer | Asked in Family Law for Oklahoma on
Q: how do you write a motion to change guardianship from full guardianship to limited guardianship for college purposes

my son is special need kid amd there is a program in NESU that is called River Hawks scholar program that my son wants to go to but he is not accepted with full guardianship, but could be accepted with limited guardianship

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

To write a motion to change guardianship from full to limited for college purposes in Oklahoma, you need to follow a specific legal process. Start by drafting a motion document, which is a formal request to the court. In this document, clearly state your current status as a full guardian and... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I would like to know if I am a defendant in a criminal case in the state of oklahoma and I am bonded out by an accredite

And licensed bondsman can the state or county say it was Seminole county Oklahoma now not the bondsman putting a stipulation on you but the state for you to have to submit a urine test every week even though you have not been convicted yet wouldn't that be punishment before you are convicted... View More

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

If you have been charged with a criminal offense, the court can set conditions for your pretrial release. Sometimes no conditions exist other than to not commit new crimes and to remain in contact with your bondsman. Other times, the court requires the person to have a GPS monitor, to have no... View More

3 Answers | Asked in Car Accidents for Oklahoma on
Q: I cannot find the address of State Farm’s agent for service of process in Oklahoma

I have paid for 500 deductibles of collision for 6 months. Without any notice or refund, they changed it to no collision. After I noticed it from APP, I called my agent said I have no idea that I changed my current policy and I want my old policy back. However, I do not have record this call. After... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

To serve State Farm or any corporation with legal papers in Oklahoma, you need to locate their registered agent for service of process. This information can typically be found through the Oklahoma Secretary of State's office. They maintain a database of registered agents for corporations... View More

View More Answers

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.