Frequently Asked Questions

A special needs trust is a legal arrangement that allows for physically or mentally challenged individuals to receive financial support and assets that are placed within the trust. These provisions are then transferred to the individual without interfering with or reducing the benefits they receive through federal provisions or public assistance means.

The short answer is yes, but it is a difficult process. Individuals wishing to contest the will must be able to prove that the will is invalid. Some examples of this would be the discovery of a second will that overrides the first or a will that is not legally executed.

Yes. You will need to go to either the EEOC or the Oklahoma Civil Rights Enforcement Office and file a claim within 180 days, or within 300 days in certain circumstances.

You need to prove three things: 1) that you performed a legally protected activity, 2) that your employer knew you performed this activity, and that 3) the retaliation was directly in relation to your performing of a protected activity.

The current statute of limitations in Oklahoma for personal injury claims is two years. Claims filed after that time frame can still be tried, but stand a high risk of being dismissed.

A lawsuit is a formal case that is tried in a court of law, while a tort is a claim that is filed with the intent to find an agreement or settlement outside of a courtroom.

Although your specific circumstances may require further conditions, the following will be needed to reinstate your Driver’s License:

• You will be ordered to complete a Drug and Alcohol Assessment
• You will be ordered to attend and complete a Victim Impact Panel (VIP) course
• You will be ordered to attend and complete a DUI School program
• You will need to pay your DPS Driver’s License Reinstatement Fee

Additionally, some cases of DUI arrest obligate the court in its discretion to order that you install an Ignition Interlock Device (IID) prior to having your Driver’s License reinstated. Whether you must install an IID or “blow-n-go” will depend on if you had any previous Driver’s License suspensions when these suspensions transpired, the date of your DUI arrest(s), the alcohol content of your blood or breath concerning your most recent DUI arrest, and whether you elected to authorize the arresting officer to test your blood alcohol content at the time of your arrest.

A Deferred Sentence is not a conviction; however, this sentence is not a conviction only if you complete the conditions of your Deferred Sentence. A Suspended Sentence occurs after you enter a plea of guilty or no contest; however, unlike a Deferred Sentence, a Suspended Sentence is a conviction of the crime you pled to. The following is an explanation of these sentence options and their differences:

DEFERRED SENTENCE:

A Deferred Sentence is not a conviction of your sentence. When entering a plea of guilty or no contest, if the judge in his discretion accepts your plea, a Deferred Sentence “defers” or “postpones” the sentence you would have received for a set period of time. While serving your Deferred Sentence (probation), the court will require that you complete the rules and conditions of your Deferred Sentence (probation).  

These often include: (1) paying fines, fees, and court costs; (2) paying restitution; (3) attending and complete classes (VIP-Victims Impact Panel of Oklahoma; BIP-Batterers Intervention Program; Drug And Alcohol Assessment, DUI School, etc.); (4) completing community service hours; (5) NOT possessing or using drugs or alcohol; (6) NOT possessing guns or being in the presence of another possessing a gun; (7) and NOT committing any new crimes.

Completion of your Deferred Sentence means that your plea of guilty or not guilty will be withdrawn and your case dismissed. Upon completion, your public record will be expunged. However, your law enforcement record will not be expunged. This requires a separate civil court process that our firm can represent and assist you with.

SUSPENDED SENTENCE:

A Suspended Sentence is a conviction sentence which allows you to avoid jail or prison time because the judge in his discretion has decided to suspend the jail or prison time and instead requires you to obey and complete the rules and conditions of your probation. (See rules and conditions listed above under “Deferred Sentence”). 

If you do not follow the rules and conditions, your Suspended Sentence may be revoked in full, meaning you would be required to serve the entire amount of jail or prison time you plead to if revoked. Also, unlike a Deferred Sentence, if revoked, you will not be required to serve the max range of sentencing for the crime you have convicted. Instead, you would only be required to serve the jail or prison time you pled to when sentenced by the judge.

While each situation is different, the general process is as follows:

1. After arrest, you should receive an individual bond amount determination before a judge so that you may post bail if you are still detained (sitting in jail). You have a right to an attorney at this bond determination hearing. You should also be provided a copy of your charge and State’s Probable Cause Affidavit at this time.
2. You will attend your Arraignment Hearing/Disposition Docket and receive a court date to address your alleged charge. (In some Oklahoma counties, bond and arraignment hearings are held at the same time).
3. You and your attorney will show up at the court date you received during Arraignment. At this time, the State is compelled to provide you with a copy of your charging document. This document includes the specific statutory charge the State has decided to pursue against you. At this hearing, you can choose to plead not guilty, no contest, guilty, or choose to take your misdemeanor case to trial. 
4. If you opt for a trial, this will be the next step. However, prior to trial, or if you and your attorney decide to enter plea negotiations with the State, the court should permit you some time to decide how to go forward with your case. This may mean your attorney negotiating down the rules and conditions of the sentence the State intends to bring against you. Another scenario that might occur arises when the State refuses to negotiate. At this time, you have the choice to enter a blind plea before the judge; this judge will decide your sentence after hearing arguments from your attorney and the State’s attorney. Additionally, you can still also, at this time, choose to take your case to trial.

All medical marijuana business applications and renewals are processed within 90 business days, provided that all of the information is accurate and up to date. If there are any errors with your paperwork, you will have to correct them within 30 calendar days to avoid starting the process over from scratch.

The amount of licenses required for a medical marijuana business depend on the scope of your business. If you perform more actions than just dispensing medical marijuana to the public, such as growing or processing marijuana plants, you will need additional licenses to cover each of those actions.

The amount of licenses required for a medical marijuana business depend on the scope of your business. If you perform more actions than just dispensing medical marijuana to the public, such as growing or processing marijuana plants, you will need additional licenses to cover each of those actions.

The McKinney-Vento Act ensures that children who are homeless or in a transitory living situation are not prevented from enrolling in or attending school and obtaining an education.

A case can be made for school negligence when a duty of care is established or acknowledged by educational providers or institutions, but is then ignored or modified, resulting in a direct damage or negative consequence on the well-being of the child.