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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: Registration requirement under Marry Rippy Law for interstate compact.

I was sentenced in California in 2003 for attempted murder and moved to Oklahoma on an Interstate Compact. I did not have to register as a violent offender in California. The Marry Rippy Law indicates you don't have to register for violent acts if sentenced prior to November 1, 2004. Can you... View More

David A. Cincotta
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answered on Jun 25, 2025

The date of conviction applies to people in Oklahoma at the time of their conviction. There is also a provision that pertains to the date that one (with a conviction from another state) enters the State of Oklahoma to reside, work, or attend school. If a person becomes subject to the registry upon... View More

2 Answers | Asked in Civil Rights, Criminal Law, DUI / DWI and Insurance Bad Faith for Oklahoma on
Q: Do I need to complete DUI classes for license reinstatement after a possession charge with suspended license due to no insurance?

I was sitting in my vehicle that was not running, talking to a friend when a policeman approached, opened the door, and searched my car without a warrant. I was arrested for marijuana possession and later learned my license was suspended due to no insurance. My case is now closed, but I have been... View More

Brandon Michael Rosenbloom
Brandon Michael Rosenbloom
answered on Jun 13, 2025

No, you likely don't have to do the DUI course before getting your license back. DDS only requires the DUI course to be submitted if you are convicted of DUI, the Court may have made that part of your sentence, and you will need to get it done during your probation, but only as a term of your... View More

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3 Answers | Asked in Contracts, Estate Planning, Real Estate Law, Nursing Home Abuse and Personal Injury for Oklahoma on
Q: Can the state take the property if my mother is in a nursing home?

My mother and I entered into a Contract for Deed agreement in January of 2020 for a house being rented to own, with payments continuing until 2031. My mother, who has some form of medical assistance, is now in a nursing home, and my sister's husband holds power of attorney for her medical... View More

Richard Winblad
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Richard Winblad
answered on Jun 3, 2025

If your transaction occurred more than 5 years before the Medicaid/SoonerCare application, then it is outside of the lookback period. However, if you have not filed the contract for deed with the county then you may run into some proof issues. The courts view a contract for deed as if the owner... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for Oklahoma on
Q: Legal recourse for revoked credits and extended sentence in Oklahoma prison?

My son is in an Oklahoma State prison for first and second-degree burglary, initially set for discharge on June 17, 2025, serving 85% of his sentence. Due to a class X write-up for possessing tobacco and marijuana, his earned credits were revoked, extending his release to July 1, 2026. The prison... View More

Charles Watts
Charles Watts
answered on May 23, 2025

The 85% is a required "minimum" served. It is not a guaranteed release day. The guaranteed release day would be the 100% time served.

They get credits to reduce time served but it cannot lower it below the 85%. It is well within the rights of the institution to give or revoke credits.

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2 Answers | Asked in Libel & Slander, Employment Law and Personal Injury for Oklahoma on
Q: Can I sue for misinformation affecting employment prospects?

I am a police officer, and my integrity is crucial to my profession. My former employer is informing others checking my references that I released confidential information on numerous occasions and could not be trusted. This is not the reason I was told I was terminated. Additionally, other... View More

Charles Watts
Charles Watts
answered on May 23, 2025

One of the most common ways companies get around releasing information is when you fill out an application there is often a consent form or line stating you give permission to the release of information. For example: Oklahoma City Police Department (OKCPD) application process includes a consent... View More

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: Can I pick up my children before their father goes to prison without custody agreement?

I am separated from my husband, who is going to prison for two years starting May 26th. We currently don't have any legal custody agreements or court orders. He has taken our children, aged 14, 10, and 8, and moved in with his girlfriend, whom I don't know. I'm concerned about the... View More

Charles Watts
Charles Watts
answered on May 23, 2025

You should seek the assistance of an attorney in this situation as you do not want to put the children in harms way. However, so long as there is nothing from the court stating you cannot have custody of the children, then you have precedence over the girlfriend while the father is incarcerated.... View More

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3 Answers | Asked in Criminal Law and Native American Law for Oklahoma on
Q: Should I go through state or tribal court for a misdemeanor charge in Oklahoma?

I'm facing a misdemeanor assault and battery charge in Oklahoma. The incident occurred on tribal land, and my court date is this upcoming Wednesday. As a tribal member, I'm wondering whether it's better to go through state or tribal court for this issue. Are there specific advantages... View More

Tracy Tiernan
Tracy Tiernan
answered on May 22, 2025

Depending upon the charge, there are benefits and drawbacks to each. There are many times when the decision is removed from your control, such as when the Tribal status is apparent after your arrest and law-enforcement directs the case to the Tribal COURTS.

Other times you may have to file...
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3 Answers | Asked in Estate Planning for Oklahoma on
Q: Can I use a notarized document to leave heirlooms in Oklahoma?

I am in Oklahoma and want to leave specific heirlooms to chosen individuals after I'm gone. Can I fulfill this wish by putting it in writing and having it notarized instead of creating a formal will or trust? What are the legal requirements and implications of using a notarized document for... View More

Charles Watts
Charles Watts
answered on May 23, 2025

I agree with Mr. Avery - You need to contact an attorney to help you with this. Without a will all possessions become part of the estate and are considered 'equitable value' to the estate for the division per state statute of intestacy. If you have something specific that you want to go... View More

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2 Answers | Asked in Landlord - Tenant, Traffic Tickets and Real Estate Law for Oklahoma on
Q: Can an apartment tow a car parked in an unmarked accessible spot?

At my apartment complex, my car was towed for parking in an accessible parking spot. However, the specific spot lacked a sign indicating it was reserved for accessibility, even though it had ground markings. The apartment policies mention towing without notice if parked illegally in designated... View More

Charles Watts
Charles Watts
answered on May 23, 2025

In Oklahoma we follow the Federal guidelines for ADA markings. Therefore, for a parking spot to be officially marked as a handicap parking space it has to have the Signage (R7-8 Sign with the bottom edge 60" above the ground) as well as the pavement marking. Otherwise, it does not meet the... View More

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2 Answers | Asked in Family Law and Criminal Law for Oklahoma on
Q: How can I pursue bigamy charges in Oklahoma with common law marriage evidence?

I have a signed agreement stating that we are common law married and intended to marry in the near future. We have bank statements, a rental agreement, and letters indicating that he referred to me as his wife. We also have statements from neighbors and family confirming that we publicly held... View More

Charles Watts
Charles Watts
answered on May 15, 2025

If there was an intent to have a ceremonial marriage then you cannot be considered common law married. One of the elements of a non-ceremonial marriage (“common law” marriage) is there is no intent to have the ceremony ((even if that is just going before the judge))

Contact a family law...
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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Oklahoma on
Q: Impact of husband's remarriage during ongoing Oklahoma divorce?

I'm currently going through a divorce in Oklahoma with my husband, who recently went to Arkansas and got married, despite our divorce not being finalized. We jointly own a house, and his new spouse has used our address on their marriage license. I have two children involved, and although the... View More

Charles Watts
Charles Watts
answered on May 11, 2025

Depending on Arkansas law he could face a misdemeanor criminal charge ((though these are not usually prosecuted by the state)) - Oklahoma it is a felony to marry another while being married. Again the state usually doesn’t do anything to prosecute this. However, it will invalidate his marriage... View More

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3 Answers | Asked in Trademark, Business Law and Intellectual Property for Oklahoma on
Q: Trademark issue for "SHADOW BOATS".

I have been using the name "SHADOW BOATS" since 1987 for a Bassboat that I designed and built. I am aware of another company using a similar name for larger boats, such as yachts, but they previously indicated it was fine for me to use "SHADOW BOATS" for my fishing boats. You... View More

Alan Harrison
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answered on May 11, 2025

There are various ways to work around a "likelihood of confusion" refusal by the USPTO. The most common is to try getting a concurrent use agreement with the owner of the "confusing" registered mark. This is something that any trademark attorney could assist you.

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2 Answers | Asked in Family Law and Civil Litigation for Oklahoma on
Q: Example motion to restrict frivolous filings by a vexatious litigant in Oklahoma family law case.

In Oklahoma, I need an example of a motion that could restrict a party from filing frivolous motions in a family law case. This party has already been declared a vexatious litigant in Utah, continues to file motions without setting hearing dates, and fails to comply with court orders to appear in... View More

Pete David Louden
Pete David Louden
answered on May 9, 2025

There are no official forms in Oklahoma for family law matters as you have described. Attorneys draft all of their own documents based on the applicable statutes and case law. I would suggest that you consult with an attorney in your local area to review your case in detail. Once the attorney... View More

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2 Answers | Asked in Criminal Law and Family Law for Oklahoma on
Q: Time for child neglect charge involving educational neglect and stranded helper attempt

I want to know how much time someone might face in a case of child neglect if they were present at a home but did not reside there. The child, around 8 or 9 years old, was neglected by his mother regarding education and wasn’t enrolled in school. The person being charged initially spoke to the... View More

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2025

The range of punishment for the crime of child neglect is very broad (not exceeding life in prison), because these types of cases vary greatly. The defendant must be someone responsible for the health, safety, or welfare of the child. If that is not the case, then the person may not be guilty of... View More

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2 Answers | Asked in Probate and Energy, Oil and Gas for Oklahoma on
Q: How to start probate process for mineral rights without disputes or will?

I need guidance on how to start the probate process related to mineral rights when there are no disputes or wills involved. What steps should I take?

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd
answered on Apr 27, 2025

The probate process has a lot of different requirements or deadlines. You could likely qualify to use a shortened probate process called a summary administration if the only asset that you're dealing with is a mineral interest. It's wise to contact an attorney to assist you through this... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Oklahoma on
Q: Can a claim be pursued for hospital's failure to x-ray head injury?

I have a friend who was riding an electric bike and hit a curb, causing him to flip over the handlebars and hit his head. Someone called an ambulance, and he was taken to Integris Hospital on South Western and South West 44th Street, where they sutured his cuts but didn't x-ray his head,... View More

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2025

An Oklahoma attorney could advise best, but your question remains open for a month. I'm sorry about your friend's injuries. A law firm would probably want to review the matter in closer detail before expressing thoughts on the legal merits of the case. From an injury standpoint, the... View More

2 Answers | Asked in Constitutional Law and Traffic Tickets for Oklahoma on
Q: How to sue for 4th Amendment violation in Oklahoma?

I was pulled over in Mount Park, Oklahoma, for having people ride in the back of my truck inside the truck bed. I believe the officer violated my Fourth Amendment rights as, from my research, it's not illegal in Oklahoma to have people ride in a truck bed. Additionally, I was issued a ticket,... View More

Charles Watts
Charles Watts
answered on Apr 7, 2025

4th amendment protects from unwarranted searches and seizures. From initial observations, Mountain Park has a municipal ordinance prohibiting this, that is why you did not see it in the Oklahoma Statutes. Furthermore, if the passengers were minors who were not "secured" properly, they... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: Week-on, week-off custody without court order, ex trying to enforce child support payments. No income change.

I have been doing week-on, week-off custody with my kids for the last 3 years without any formal court order and no child support payments. However, my ex-partner is now trying to make me pay child support. What are my options or obligations in this situation, considering there has been no change... View More

Charles Watts
Charles Watts
answered on Apr 7, 2025

Get formal paperwork put in place. There will be a Child Support Calculation worksheet put together for you but it will take into account overnights, childcare (if any), Health Insurance (if any), other children in the home (not part of the case), alimony being paid out, etc... Your best bet is to... View More

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2 Answers | Asked in Divorce, Legal Malpractice and Family Law for Oklahoma on
Q: Lawyer unresponsive in divorce case; not providing files

I've been dealing with my lawyer for two years regarding my divorce case. She hasn't contacted me in over a month, even after I sent a certified letter, and she isn't providing any of my information on file. I've tried reaching out via email and text. I'm particularly... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

You can hire a new attorney to file an entry on your behalf and they will be able to get all the information from the opposing counsel or from the court. Alternatively, you can file a termination of attorney with the court and then you can represent yourself pro se and the opposing counsel can... View More

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2 Answers | Asked in Car Accidents, Legal Malpractice, Personal Injury and Insurance Bad Faith for Oklahoma on
Q: Lack of lawyer communication after rear-ended by drunk driver in OK

I was rear-ended by a drunk driver while my special needs son was in the vehicle with me. I've requested all correspondence between my lawyer and the insurance company due to a lack of communication from my lawyer. I disagree with the final offer from the insurance company. Despite my requests... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

Sorry for your inconvenience during this time. First thing is if you are dissatisfied with the lawyer you currently have, then you are well within your rights to terminate their representation and hire a new lawyer. The new lawyer should be able to get the information from the original lawyer.... View More

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