Oklahoma Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
Oklahoma Questions & Answers
1 Answer | Asked in Family Law and Adoption for Oklahoma on
Q: Can my nephew 13 ask to live with me

So my nephew 13 - his dad will not get a job like is not trying lost their home and is bouncing between a drug addict friend and a house with no power or water

My nephew does not want to stay there - so his dad sent him to live with an aunt that he is really uncomfortable with to the point... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 2, 2022

I'm at a loss as to why DHS can't find abuse. Go ahead and take him in, and see an experienced family law attorney to file for legal guardianship. Good luck.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was charged with possession of controlled and dangerous 63 o.s 2-402 a misdemeanor what does that carry in oklahoma

Can they change it to a felony later on in my court dates

Tracy Tiernan
Tracy Tiernan
answered on Jun 2, 2022

You should contact a seasoned criminal defense attorney to discuss the facts of your case as most of us will get free consultations over the phone or in person. The statute you have recited refers to merely drug “possession.” Possession of all drugs in Oklahoma is a misdemeanor (provided it... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I haven't been in trouble in 7 years but I do have a couple of CDs charges I had seeds and stims and klonopin now meth

This meth charge I just got was not mine someone threw the bag out my passenger window because they where arresting my wife I said it was mine what do I do

Tracy Tiernan
Tracy Tiernan
answered on Jun 2, 2022

First of all you should immediately contact a seasoned criminal defense attorney who specializes in drug cases. We don’t have information as to the initial contact, while you were pulled over. We would need information related to their reasons for conducting a search as well. Essentially though,... Read more »

1 Answer | Asked in Native American Law for Oklahoma on
Q: Okla Bureau of Investigation lab: Are their results valid for controlled subs. in tribal court?

I’m a citizen of the Chickasaw nation. Charged with Misd. Possession of Controlled Substance. Evidence was sent to Oklahoma Bureau of Investigation’s lab to test the substance. My case is being heard in tribal court with my tribe, not the state of Oklahoma. Would OSBI’s results be valid in my... Read more »

Robin Elizabeth Rollins
Robin Elizabeth Rollins
answered on Jun 2, 2022

Hello,

The answer to your question is, yes. The OBI's lab is generally used for most cases throughout Oklahoma, including tribal courts. This discussion does not constitute legal advice, and it is recommended that you speak with your personal attorney regarding this matter.

1 Answer | Asked in Civil Rights, Internet Law and Juvenile Law for Oklahoma on
Q: Can A 14 Year Old Make A Statement On The Stand?

Hi, I was wondering if my 14 year old sister could go up to the stand and make a statement. She wants to clarify the situation since our parent(s) are completely over-dramatizing the situation (according to her) .... She feels as if it's our parents are against the defendant (19) and she... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Jun 1, 2022

As a general rule age is usually not a bar two ones ability to testify as a witness in a courtroom as long as they have the capacity to testify truthfully and their testimony could assist the trier of fact (Jury or Judge). However, the attorneys on each side could have something to say about it. I... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: If I filed a dicvore myself do you know if the paper work let's you ask for alimony and to help pay the house mortgage?

Been living with spouse sense 1998 got married 2005,been with them 26yrs. Total.

And I'm on disability he left 2/15/2021.

Gary Johnston Dean
Gary Johnston Dean
answered on May 31, 2022

I don't know what kind of paperwork you're looking at, so can't answer question.

I strongly urge you to consult an experienced family law attorney for help.

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: I was pulled over for speeding place in cuffs and was being detain my passenger has a register firearm under my seat

Not in plain sight no search Warrant or consent of search of car I’m the driver can I be charged with felony afterforeman

Tracy Tiernan
Tracy Tiernan
answered on May 30, 2022

As you are aware, as a convicted felon (or an adjudicated delinquent) you are not allowed to have any firearms in your house, in your car, or on your person. They’re going to use what’s for referred to as a reasonable person standard in most cases.

We simply need more facts to provide...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My son has been missing&local Sherriff's office isnt having any luck with any type of investigation.What can we do?

They're under budget and short staffed.We filed a missing person's report in 2018 and got him on NamUS at the same time.Is there any way the OSBI can take over the case?We just want to bring our son home.

David A. Cincotta
David A. Cincotta
answered on May 30, 2022

I feel terrible that you are having to experience such a situation. Be persistent and unrelenting, and don't be afraid to ask questions of government authorities. Contact OSBI and contact the local DA's office, if you do not feel that the Sheriff's Office is doing anything or enough... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend' was in my motel room while I was at work. Police found drugs in her purse while she was in my room.

Why am I being charged for possession of the drugs. When she was the only person in the room and the drugs were found in her purse.

Tracy Tiernan
Tracy Tiernan
answered on May 29, 2022

Very interesting set of facts. We would need a few additional facts in order to give you the best answer possible. Why were the police at your apartment? Did they have consent to enter or did they have a warrant? Was your friend living there or simply visiting? What exactly did she tell the police... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I am behind on restitution payments. Can a judge impose sentence after the completion date of a deferred sentence?

David A. Cincotta has responded to the question "Can an Application to Accelerate be filed on a deferred sentence that is past the completion date? Oklahoma":

If the date to which the sentencing was deferred had already occurred prior to the date the Application to Accelerate was... Read more »

David A. Cincotta
David A. Cincotta
answered on May 20, 2022

Also, with restitution that has not been paid, there is a provision that permits the judge to extend the period of supervision (by not more than three years), but that must be done by court order prior to the expiration of the deferred. Simply an application to accelerate after the deferred expired... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Oklahoma on
Q: When coming to a stop sign are you required to signal 100 feet, when the car behind you has to stop anyways

I came to a stop sign, with the option of going left or right I signaled befor make a right hand turn just not 100 feet befor,

David A. Cincotta
David A. Cincotta
answered on May 20, 2022

Technically, state law requires one signal their intention to turn right or left by signaling continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning - if other traffic will be affected by such movement. Municipal ordinances may be worded a little... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can an Application to Accelerate be filed on a deferred sentence that is past the completion date? Oklahoma
David A. Cincotta
David A. Cincotta
answered on May 20, 2022

If the date to which the sentencing was deferred had already occurred prior to the date the Application to Accelerate was filed with the Court Clerk, then the Court is without authority to accelerate the sentence. It does not matter when the acceleration hearing occurs (generally speaking);... Read more »

1 Answer | Asked in Health Care Law for Oklahoma on
Q: Can I get a court order to take custody of a bipolar mental patient?

An adult with Bipolar mental disorder needs more and different professional help and is unable realize it.

Charles Watts
Charles Watts
answered on May 19, 2022

A guardianship of an incapacitated adult is possible however you will have to prove they are incapacitated and not capable of caring for themselves. Additionally they will have an opportunity to give their input at a hearing.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Is an employment contract voluntary? If so, how can it be considered voluntary if a failure to sign prevents employment?
Charles Watts
Charles Watts
answered on May 19, 2022

It is voluntary because you can voluntarily choose to not work there if you do not like the contract.

1 Answer | Asked in Real Estate Law and Agricultural Law for Oklahoma on
Q: Does electric company has 100% approval to clear cut the easement of trees if for 50 Years they have been trimming
Charles Watts
Charles Watts
answered on May 19, 2022

If they have a utility easement then yes they can clear the trees out.

1 Answer | Asked in Bankruptcy, Health Care Law, Small Claims and Collections for Oklahoma on
Q: im being sued by a hospital for not paying back a debt that i have partially paid back. it says i need to write a letter

i tried using the Solo suit but my petition seems different that what its asking. can anyone help me?

Tim Akpinar
Tim Akpinar
answered on May 17, 2022

This is something that an Oklahoma attorney is best suited to advise on, but your question remains open for four weeks. If this is something in the lawsuit stage, an ordinary letter might not suffice as a response. There could be more formal legal responses needed. Unfortunately, it's... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: What if we were not married?

How far in advance would I have to notify the other parent that we are moving if there is no custody agreement between us? And can they legally stop me from moving?

Charles Watts
Charles Watts
answered on May 15, 2022

This forum is a general forum and it is not as easy as a yes or no. You need to contact a family attorney for a consult to get your specific details.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How far in advance do you have let the other parent know your moving if there is no custody agreement?

Can they legally stop you from moving if there is no custody agreement?

Charles Watts
Charles Watts
answered on May 15, 2022

There is a default state statute on this and even if your decree is absent wording it is enforceable. However, it is more applicable to the primary custodial parent (or more specifically the one person who can declare the primary resident of the child). You should contact an experienced family law... Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: my wifes sister wont sign a oil lease allowing the inherited oil to go to waist what can we do we are in oklahoma?

my wife and her sister have a oil lease and her sister is fighting us on signing the oil lease and letting it go to waste.

James Tack Jr
James Tack Jr
answered on May 12, 2022

Unless the interest is held in a trust, corporation, LLC, or other entity requiring both of their signatures, your wife can sign the lease for her interest without her sister's signature. If her sister doesn't sign, the oil company can force pool the sister's interest in a force... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: domestic ASSUALT AND BATTERY DO i NEED A LAWYER OR CAN I REPRESENT MYSELF
Charles Watts
Charles Watts
answered on May 12, 2022

You CAN represent yourself. That does not mean you should represent yourself. In criminal cases it is always advisable to get an attorney.

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.