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Oklahoma Questions & Answers
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
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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
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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

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2 Answers | Asked in Health Care Law for Oklahoma on
Q: can you be held in contempt of court if hospital refused your insurance payment My insurance has tried to pay the bill

I had a medical emergency in 2017 I needed emergency surgery. I was not living in Oklahoma yet so the hospital was out of network. The law states if it is a life threatening emergency you can go to the nearest hospital without pre approval and it will be paid as in network. However the hospital I... View More

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

It doesn't sound like contempt of court. It sounds more like a collection lawsuit. But failing to appear/respond could result in a default judgment. Since you mention a court date, that suggests that legal action may have been filed by them. One option is to set up a consult with a local... View More

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2 Answers | Asked in Health Care Law for Oklahoma on
Q: can you be held in contempt of court if hospital refused your insurance payment My insurance has tried to pay the bill

I had a medical emergency in 2017 I needed emergency surgery. I was not living in Oklahoma yet so the hospital was out of network. The law states if it is a life threatening emergency you can go to the nearest hospital without pre approval and it will be paid as in network. However the hospital I... View More

James L. Arrasmith
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answered on Jan 22, 2024

Being held in contempt of court typically occurs when someone disobeys a court order, not simply because a hospital refused your insurance payment. In your situation, it appears that the hospital is pursuing legal action due to unpaid bills, which is a civil matter, rather than a contempt of court... View More

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1 Answer | Asked in Civil Rights for Oklahoma on
Q: Can inmate request subpoena of records & a stay of enforcement of agency order in this situation? Or what should he do?

Inmate put on medical grievance restriction. In Oklahoma the administrative review authority has 3 branches. ARA, medical ARA and personal identity ARA. Inmate appeals grievance restriction to medical ARA and the next day to ARA because the policy isn't clear on who to appeal to. Inmate is... View More

James L. Arrasmith
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answered on Jan 21, 2024

In this situation, the inmate can take several steps to address the issues related to the medical grievance restriction and the administrative appeals process:

Subpoena of Records: The inmate can request the court to issue a subpoena for the records related to his appeal and the medical...
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1 Answer | Asked in Education Law, Juvenile Law and Native American Law for Oklahoma on
Q: What happens if a child is 5 years of age and still is not talking, or potty trained and his doctors have not found any

Any reason for him to not be talking and developing like a normal child

James L. Arrasmith
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answered on Jan 19, 2024

If a 5-year-old is not talking or potty trained and there is no clear medical reason, it warrants further evaluation and support. Some key points:

• Most children say their first words by 12 months and are putting 2-3 words together by age 2. By 5, they typically have a vocabulary of...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Bought a car from a friend he took it back won't give it back

I didn't have enough time to get it put over my name got pulled over it got impounded he got it out and I won't give me my car back what can I do about that I only had it 3 weeks and I have 30 to 60 days to get it put over in my name

James L. Arrasmith
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answered on Jan 19, 2024

If you bought the car from your friend and have some documentation or proof of purchase, you may be able to take legal action to get the car back. Here are a few options to consider:

1. Talk to your friend and request the return of the car. Show him any receipts, bill of sale, or other...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Is it legal for an rv park to require fingerprinting to access areas of the park??

The rv park I stay in has recently informed me that a fingerprint device is the only way to access the bath/shower and laundry facilities.

James L. Arrasmith
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answered on Jan 18, 2024

The legality of an RV park requiring fingerprinting for access to certain areas can depend on various factors, including state laws and the specific terms of your agreement with the RV park. Generally, private businesses, like an RV park, have some discretion in implementing security measures.... View More

1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: In Oklahoma what steps are required for a prisoner to take before requesting a judicial review of agency final decision?

Inmate was placed on grievances restriction he appealed to Administrative review authority and was denied his appeal can he go straight to judicial review in state court?

James L. Arrasmith
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answered on Jan 18, 2024

In Oklahoma, before an inmate can seek judicial review of an agency's final decision, they typically must exhaust all available administrative remedies. This means the inmate must follow the prison's internal grievance process completely. If the inmate's appeal has been denied by the... View More

1 Answer | Asked in Native American Law for Oklahoma on
Q: My native b.f has been mislabled s white in a state case out of rogers co ok that would be dismissed if he hadnt been.

All his other cased were dismissed due to mcgirt. The case is out of rogers co oklahoma he pled out to it not knowing he could get it dismissed if he hadnt been mis identified and we dont know what to do. CAN ANYBODY PLEASE HELP US?

James L. Arrasmith
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answered on Jan 17, 2024

If your boyfriend's case has been affected by a misidentification of his race, particularly in light of the McGirt decision, it's important to take action quickly. The McGirt v. Oklahoma ruling significantly affects criminal jurisdiction involving Native Americans in Oklahoma, potentially... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: What does "statement of prior judicial and administrative relief sought with copies attached" mean?

Prisoner challenging grievance restriction through request for judicial review in Oklahoma district court. 2 months later he gets ORDER OF THE COURT IN CIVIL ACTION FILED BY INMATE stating: the petition does not comply with the law because of failure to include one or more of the legally required... View More

James L. Arrasmith
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answered on Jan 16, 2024

It seems this order from the court is saying your petition for judicial review is missing some required components. Specifically, the court is looking for:

1) A statement of prior judicial and administrative relief sought: This means you need to include information on any other judicial or...
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1 Answer | Asked in Civil Rights for Oklahoma on
Q: A prisoner misunderstood a court rule and failed to provide proof of mailing in time before court order. What can he do?

A oklahoma prisoner filed a judicial review on agency decision to put him on grievance restriction. The inmate was filing himself pro se and thought certificate of service was proof of mailing and now the court has ordered before he figured out his mistake. The inmate still has not seen the order... View More

James L. Arrasmith
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answered on Jan 15, 2024

In this situation, where a prisoner pro se misunderstood a court rule and failed to provide proof of mailing in time, it's important to act quickly to address the issue.

The first step is to file a motion for reconsideration or relief from the order, explaining the misunderstanding and...
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1 Answer | Asked in Civil Rights for Oklahoma on
Q: If a prison is blocking an inmate from law library services how can keep up court deadlines?

Inmate is appealing Judges order. His appeal has merit and the law library supervisor is blocking him from getting copies and other necessary law library services. His deadline is approaching what can he do to keep from getting time barred in court?

James L. Arrasmith
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answered on Jan 13, 2024

In a situation where an inmate is being denied access to law library services, it's essential to act promptly to address this issue. Inmates have the right to access legal resources, especially when working on appeals or meeting court deadlines. The first step is to file a grievance within the... View More

1 Answer | Asked in Criminal Law, Environmental, Federal Crimes and Gov & Administrative Law for Oklahoma on
Q: I am needing to make sure of the OK laws regarding selling a inherited walrus tusk that has cribbage board on it on ebay

I have tried researching it but I'd rather be 100% that it wouldn't be illegal because I don't want to get in trouble if it is illegal.

James L. Arrasmith
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answered on Jan 13, 2024

Selling an inherited walrus tusk with a cribbage board on eBay can be legally complex, as it involves wildlife regulations. In the United States, walrus ivory is subject to the federal regulations of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). These laws prohibit... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Oklahoma on
Q: Bought rv, was told the title was clean,didnt have in hand,I got bill of sale.Found out title wasnt in his name.HELP!?

I asked for a refund,he wont. I called dmv, then court, told court order title wont work cause it was never in his name and he's title skipping. I reported to police for fraud, but still have NO call back.

James L. Arrasmith
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answered on Jan 13, 2024

It's important to act quickly to resolve the issue with the RV title. First, gather all the documents related to your purchase, including the bill of sale and any communication with the seller. Make copies of everything for your records.

You've already reported the situation to...
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1 Answer | Asked in Juvenile Law for Oklahoma on
Q: How can i get the documents from when i was a minor of being a victim? I need to show proof of me being a victim
James L. Arrasmith
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answered on Jan 13, 2024

To obtain documents from when you were a minor to prove your victim status, follow these steps:

1. Begin by identifying the specific documents you need to demonstrate your victim status. This may include police reports, medical records, court documents, or any other evidence related to the...
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1 Answer | Asked in Tax Law for Oklahoma on
Q: How do I safely turn in my soon to be ex for tax evasion while protecting my own assets?

I had no knowledge of his crimes until I had to go through mountains of paperwork and request copies of prior years tax returns. I have PTSD because of all of the physical, mental, emotional and financial abuse from this person! He has threatened to kill me and my children many times but I cannot... View More

James L. Arrasmith
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answered on Jan 12, 2024

First and foremost, your safety and the safety of your children is paramount. If you are facing threats of violence, it's crucial to contact law enforcement immediately and consider obtaining a restraining order. For situations involving domestic violence, there are organizations and shelters... View More

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: How long does Oklahoma DPS get to revoke a license after a DUI?

18 y/o received a DUI on 5/07/2023. He was NOT arrested. DA did not press charges, he completed all required classes, evaluation, Adsac, Victim impact panel and paid fines. He never lost his license. Received a letter 1/11/2023 from DPS with the date of 10/10/2023 stating his license will be... View More

Josh Davis
Josh Davis
answered on Jan 11, 2024

Service Oklahoma is the agency now responsible for license revocation. Under Oklahoma law they have 180 days from the date of receiving the affidavit to take action on a license revocation. I think your issue here is one of notice. He may want to consider filing a district court appeal arguing that... View More

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma on
Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

James L. Arrasmith
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answered on Jan 12, 2024

The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More

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1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on
Q: I work for and rent a house from the same person. Can he garnish my check for rent without court proceedings?
T. Augustus Claus
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answered on Jan 10, 2024

In Oklahoma, it is generally not legal for an employer to garnish an employee's wages for unpaid rent without obtaining a court judgment. Garnishing wages typically requires a court order, and landlords must follow legal procedures to collect unpaid rent. If your employer, who is also your... View More

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