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Oklahoma Questions & Answers
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

1 Answer | Asked in Car Accidents and DUI / DWI for Oklahoma on
Q: I found there was an error changing insurances, which lead to a short lapse in coverage, how far back can they charge me

If there was a fender bender by a family member, and a ticket issued for misdemeanor DUI?

T. Augustus Claus
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answered on Jan 10, 2024

If you discovered an error during the process of changing insurance that resulted in a brief lapse in coverage, and there was an incident involving a family member with a ticket for misdemeanor DUI, the impact on your insurance coverage and potential charges can depend on various factors. Insurance... View More

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: We have a farm with four owners with undivided surfaced interest. What are our options if one wants to sell?

I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

Richard Winblad
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Richard Winblad
answered on Jan 8, 2024

1. Informal Partition by Agreement:

This option involves the owners reaching a mutual agreement on how to divide or sell the property without court intervention. Here are some steps you might take:

a. Negotiation: All owners need to discuss and negotiate the terms of the partition,...
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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: We have a farm with four owners with undivided surfaced interest. What are our options if one wants to sell?

I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

Richard Winblad
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Richard Winblad
answered on Jan 8, 2024

I meant to mention, this is how it is generally handled in Oklahoma. Other states will differ.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
Q: Without exhaustion of administration remedies can an Oklahoma prisoner sue for damages upon discharge from prison?

Oklahoma inmate was attempting to address violations of constitutional rights through grievance procedure to exhaustion administrative remedies , prison staff blocked him from proper exhaustion of administrative remedies until he discharged. Inmate discharge before statute of limitations expired on... View More

James L. Arrasmith
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answered on Jan 6, 2024

In Oklahoma, as in other states, prisoners are generally required to exhaust administrative remedies before filing a lawsuit for violations of constitutional rights. This means they need to follow the prison's grievance process to its conclusion. However, there are exceptions to this rule.... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: In Oklahoma if an inmate is suffering reprisals for filing grievances is he entitled to injunctive relief?

Inmate filing grievances regarding violations of his 1st, 5th, 8th, and 14th amendment constitutional rights. The grievance coordinator told his unit manager transfer him for writing religious grievances. The conversation was overheard by another inmate who wrote a sworn affidavit and got it... View More

James L. Arrasmith
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answered on Jan 5, 2024

In Oklahoma, if an inmate is facing reprisals for filing grievances, he may be entitled to seek injunctive relief, especially if these reprisals are in response to him exercising his constitutional rights. The filing of grievances is a protected activity, and retaliation for such actions can be a... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Oklahoma on
Q: My husband is housed in Allen Gamble Correctional Facility. His case started in 1988. Case is to be commuted per atty

He’s been in prison for 38 years. his case was supposed to be commuted due to laws in early 80’s. Commutation Attorneys aren’t helping him. I am his wife. I truly believe he is unjustly still incarcerated.

James L. Arrasmith
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answered on Jan 5, 2024

If your husband's case was supposed to be commuted and it hasn't been, it's important to take immediate action. Commutation of a sentence typically requires a formal process, often involving a review by a parole or pardon board and, ultimately, a decision by the governor.... View More

1 Answer | Asked in Social Security for Oklahoma on
Q: How do I get my SSI increased to the proper amount? Living situation has changed.

I was recently approved for SSI in the state of Oklahoma. They approved me with a 1/3 cut because at the time my daughter was covering for me here. We are both on the lease and both responsible for the rent and living expenses and utilities from the time we moved here in 2022. I am only receiving... View More

James L. Arrasmith
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answered on Jan 4, 2024

To adjust your SSI benefits due to a change in your living situation, you should promptly inform the Social Security Administration (SSA) of this change. Since your daughter is now living with you full-time and sharing expenses equally, this is significant information that could affect your benefit... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: Under what procedure is the court clerk in Oklahoma district court supposed to file a preliminary injunction under?

I'm in prison filing grievances on violations of my civil rights . The prison administration retaliated against me by transferring me to another prison. Before I was transferred I filed a preliminary injunction in the county I was in asking the court to order the warden and the grievance... View More

James L. Arrasmith
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answered on Jan 3, 2024

In Oklahoma, when a prisoner files a request for a preliminary injunction, the court clerk should file it under the appropriate civil procedure rules, rather than as a writ of habeas corpus. A preliminary injunction is a court order that commands or prohibits specific actions before a case goes to... View More

1 Answer | Asked in Civil Rights for Oklahoma on
Q: Under what procedure is the court clerk in Oklahoma district court supposed to file a preliminary injunction under?

A prisoner in Oklahoma file grievances on violations of his constitutional rights. The prison grievance coordinator call his unit manager and told him transfer him as retaliation for filing grievances. The prisoner filed a request for preliminary injunction in the county he was in asking the court... View More

James L. Arrasmith
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answered on Jan 3, 2024

In Oklahoma, when a prisoner files a request for a preliminary injunction, the court clerk should file it under the appropriate civil procedure rules, rather than as a writ of habeas corpus. A preliminary injunction is a court order that commands or prohibits specific actions before a case goes to... View More

2 Answers | Asked in Municipal Law for Oklahoma on
Q: Can the town of Goldsby place an ambulance subscription charge on the water bill of $10.00 per month?

I have told them I want to opt out of the arrangement, but they still are billing me. I have paid the billing so as not to create a conflict. I sent notice via email as well as placing notice with the payment of the water bill, but they seem intent on pursuing this collection.

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

Towns can take such measures nationwide, depending on their by-laws and regulations, as my colleague describes. At this point though, it could be water under the bridge if the leaders have already brought up the issue at meetings, provided opportunity for feedback, and the overall consensus was in... View More

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2 Answers | Asked in Municipal Law for Oklahoma on
Q: Can the town of Goldsby place an ambulance subscription charge on the water bill of $10.00 per month?

I have told them I want to opt out of the arrangement, but they still are billing me. I have paid the billing so as not to create a conflict. I sent notice via email as well as placing notice with the payment of the water bill, but they seem intent on pursuing this collection.

James L. Arrasmith
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answered on Jan 2, 2024

The ability of a town like Goldsby, Oklahoma, to add an ambulance subscription charge to water bills typically depends on the town's ordinances and regulations. Municipalities sometimes impose such charges to fund emergency medical services, and these charges can often be mandatory.

If...
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1 Answer | Asked in Employment Law for Oklahoma on
Q: Should I be getting paid for my travel at work?

At my job we travel a lot. We drive from our homes and meet at our office and take company vehicles to a another jobsite usually in another state. We don't get paid the first hour there, or the first hour back because it's considered "commute time." But I don't understand... View More

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answered on Jan 2, 2024

The legality of not being paid for travel time depends on various factors, including the nature of the travel and applicable labor laws. In the scenario you described, where employees are driving from their homes to the office before traveling to a job site, the time spent traveling from home to... View More

2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it

James L. Arrasmith
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answered on Jan 1, 2024

In Oklahoma, it is illegal for anyone under 21 to purchase alcohol, and it is also illegal to furnish alcohol to a person under 21. In the scenario you described, the 19-year-old who purchased the alcohol and then provided it to the 18-year-old could indeed face legal consequences.

The law...
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