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Oklahoma Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Animal / Dog Law for Oklahoma on
Q: Can the police enter my property without a warrant through a locked gate with no trespass signs in Oklahoma

12 Police climbed over my locked gate at 830am and asked for me to allow their vet to assess my horses. I told them that I work with a 501c3 rescue to rescue refeed and rehome horses from the slaughter pipeline. They lied and said my vet was the one asking the welfare check which I can prove is a... View More

James L. Arrasmith
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answered on Mar 24, 2024

It's essential to understand that, generally, police need a warrant to enter private property, but there are exceptions such as emergency situations, immediate threat to life or property, or other exigent circumstances. In Oklahoma, as elsewhere, no-trespassing signs and locked gates typically... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

Tracy Tiernan
Tracy Tiernan
answered on Mar 24, 2024

I guess it depends on when you asked for the report. they’re not gonna talk about or provide you with the report instantly after an incident has occurred, however, they should be able to give you some type of report or case number which will be different from the case number assigned to the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

James L. Arrasmith
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answered on Mar 24, 2024

It seems like you're in a situation where you're expecting transparency but are meeting resistance, which can indeed be frustrating. Typically, after a police incident, especially involving crimes like assault and battery, it is standard procedure for a police report or at least an... View More

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Oklahoma on
Q: If you have felony convictions and charged with felon in possession of firearm and animal cruelty. What sentence are you

Typically given if found guilty or given a plea bargain. Chances of getting a not guilty decision with so much lack of evidence is apparent. When there is no admission of guilt no physical evidence or second hand accounts.

Tracy Tiernan
Tracy Tiernan
answered on Mar 23, 2024

It’s always dangerous when you have prior felony convictions and you get arrested for a new felony offense. This is particularly true when you have more than one prior and they link up with each other and can be used under the second and subsequent offense statute to increase punishment on new... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Timothy Carignan
Timothy Carignan
answered on Mar 22, 2024

It can be either. If the amount is more than what people would consider “for personal use,” or if it’s packaged in such a way that it can be easily sold, it will be considered trafficking. Even small amounts can carry the higher charge if behavior implies that you’re planning to sell it.

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Tracy Tiernan
Tracy Tiernan
answered on Mar 22, 2024

As a general rule, when a controlled drug is found in the possession of an individual, the primary factor (outside of whether they knowingly were in “possession”) is the quantity or weight. Trafficking in methamphetamine, for example, is 20 g, and it doesn’t matter whether someone possessed... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Oklahoma on
Q: How many times does a pro se indigent prisoner have to file a paupers affidavit in singal judicial review?

Indigent prisoner files judicial review in Oklahoma county district court challenging grievance restriction. Prisoner submits paupers affidavit when initially filing but after court responds prisoner files 9 actions including 4 motions and does not submit another new paupers affidavit with any. Is... View More

James L. Arrasmith
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answered on Mar 21, 2024

When an indigent prisoner in Oklahoma files for judicial review and includes a pauper's affidavit with the initial filing, this affidavit typically allows them to proceed in forma pauperis for the duration of that particular case. This means that the initial affidavit is generally considered... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Native American Law for Oklahoma on
Q: Cherokee citizen on travel land, Was arrested by non cross deputized officer

I Was stopped and arrested wasn’t given a reason for being stopped or a citation but was given citations for what happened after the stop by Arcoma Ok. City police officer that hasn’t been cross deputized it was $1850 to get out I paid a thousand and owe the 850. I’m a citizen of Cherokee... View More

James L. Arrasmith
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answered on Mar 21, 2024

In situations involving Native American citizens and law enforcement, the legal jurisdiction can be complex, especially on tribal lands or concerning tribal members. Generally, whether a non-cross-deputized officer has authority to arrest a Cherokee Nation citizen depends on where the incident... View More

Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

James L. Arrasmith
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answered on Mar 21, 2024

In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have 2 current pending cases in separate counties and I hire a paid lawyer should he represent me for both case?
Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

If you’re asking, is he REQUIRED to represent you in the other county because you paid him for one county then the answer of course would be no (unless he agreed to that arrangement or you have a contract to that effect). If you’re asking, is it WISE to hire the same attorney for two different... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can these amounts be removed from my total amount of fines owed? In oklahoma I signed a 3yr deferred sentence in one

Then was transported over to another county to fight a charge I had over there then went 2 prison on that charge without ever bonding out. While in the second county & also when in prison the first county acknowledged I was still incarcerated but continued multiple times to issue compliance... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

I suspect there might be some misunderstanding on how some of the fees you are referring to originated. Also, the only way someone can be sent to prison is if they lose at a jury trial, lose at an application hearing where they have violated the terms of the probation, or they have otherwise... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister is a permanent resident and won her criminal case appeal, will she still get deported?

She went ti trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. § 1952(a) (3)).

She is currently in... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Immigration Law for Oklahoma on
Q: My sister won her appeal. Will she still get deported for criminal charges she is not guilty of?

She is a permanent resident.

She went to trial for Appellate Case: 22-6194

• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and

• interstate travel in aid of a drug-trafficking enterprise

(18 U.S.C. §... View More

James L. Arrasmith
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answered on Mar 18, 2024

If your sister won her appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Inmate being denied access to court so his father with POA efile motions for inmate. Can the father sign the motions?

Inmate being denied access to court. Had his father e-file motion. Father has power of attorney and the form states Any and all affairs concerning me... Does that clause give father power to sign motions for the plaintiff?

James L. Arrasmith
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answered on Mar 18, 2024

When an inmate finds themselves unable to access the court, it can be a deeply frustrating and disempowering experience. In such cases, having someone outside, like a father with Power of Attorney (POA), step in can seem like a practical solution. The POA document, stating "Any and all affairs... View More

2 Answers | Asked in Criminal Law and Native American Law for Oklahoma on
Q: I have a lot of questions about tribal law for my brothers charges and other things that concern me with his case

My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More

James L. Arrasmith
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answered on Mar 23, 2024

I understand your concerns regarding your brother's situation and the delays in his preliminary hearing. It's essential to know that, in tribal law, as in other judicial systems, delays can happen for various reasons including investigation needs, legal complexities, or scheduling... View More

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2 Answers | Asked in Criminal Law and Native American Law for Oklahoma on
Q: I have a lot of questions about tribal law for my brothers charges and other things that concern me with his case

My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 16, 2024

Criminal charges involving a tribal member as the defendant, as I’m sure you have experienced, can remove a case from state court to a tribal venue. They will always set a bond except, in extreme cases, that would allow your brother to secure his release from custody if he were in the financial... View More

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1 Answer | Asked in Business Law for Oklahoma on
Q: Is it legal in Oklahoma for a venue to allow cheating at a trivia contest if there is a financial gain to the winner.
James L. Arrasmith
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answered on Mar 14, 2024

In Oklahoma, the legality of allowing cheating in a trivia contest, especially when there is a financial gain involved for the winner, hinges on several factors including fraud, fairness in competition, and specific state regulations regarding contests and gambling. If a venue knowingly allows... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Oklahoma on
Q: my constitutional right to travel whether by horses drawn buggy or automobile amendment 1,7&14 can a cop arrest me with

No laws broken and no danger to the public

James L. Arrasmith
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answered on Mar 14, 2024

I apologize, but there seems to be some confusion here. The right to travel is not explicitly mentioned in the First, Seventh, or Fourteenth Amendments to the U.S. Constitution. While the Supreme Court has recognized a general right to travel between states, this right is subject to reasonable... View More

1 Answer | Asked in Gov & Administrative Law for Oklahoma on
Q: Please tell me what the sanctions are for violating Oklahoma StatutesTitle 47. §47-12-203, §6-101(a), §1151(A)(5)?
James L. Arrasmith
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answered on Mar 14, 2024

Here is a summary of the sanctions for violating the Oklahoma traffic statutes you referenced:

§47-12-203 - Operation of vehicles without required equipment or in unsafe condition

- Misdemeanor punishable by fine of $10-100 for operating a vehicle without the required lights and...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Should I have been given time to get me another lawyer?

My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More

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