Tahlequah Lawyer Blog
Can You Transfer Your Case To Tribal Court?
If you're looking at guardianships or deprived cases or anything like that, you can file a motion to transfer your case to tribal court. Read more »
Who Has Custody When There’s No Custody?
The general standard practice on that is that the mother is going to have custody without an actual custody order. Read more »
What Is a Stay?
A stay is when a court puts things on hold when they pause all proceedings involving either a certain case or a certain type of topic. Read more »
Kids in Court: What Is an in-Camera?
If you don't want your kids at the stand and have them have to testify in open court with attorneys badgering them. What do you do? Read more »
Protective Orders: What They Do and Don't Cover
f you get a protective order placed on you, you cannot call. You cannot show up. You cannot try to have contact with that person. Read more »
What's the Difference Between a Dangerous Weapon and a Deadly Weapon?
Assault and battery with a deadly weapon, depending on the type of situation because it could be two to life or it could just be 0 to life. Read more »
When's the Best Time To Hire an Attorney in a Criminal Case?
An attorney can help you whenever you're drafting statements or your own personal injury type of statements there for law enforcement. Read more »
Are Active Efforts Required in Anything Besides a Juvenile Deprived Case?
Under ICWA, when you remove a child from their parent's home, you have to follow a certain set of guidelines. Read more »
Can What You Said in a Protective Order Be Used Against You Later?
It's really important to talk to an attorney before going into a protective order and just blurting out all this stuff. Read more »
Does McGirt Apply To Everyone?
Before you can just like slap McGirt's name on a motion, put it through, and get out, you actually have to have it apply to your situation. Read more »
What Should You Know About Drug Testing?
There are three real types of drug tests that you're going to come into contact with within the court system. Read more »
What’s the Difference in Misdemeanor, Felony, or Crime in the Cherokee Nation Courts System?
There is a reason for some of this confusion is because previous to the Hogner and McGirt rulings just within the past six months or so. Read more »
What Happens to Your Other Cases After a Successful McGirt Motion?
Most of the counties and DAs aren't just going through dismissing stuff just because, so a lot of times, it takes a little work on your part. Read more »
When the Law Changes Retroactivity: How It Affects Your Case
One thing we're seeing right now, especially in tribal courts after the McGirt decision last year, is changing a lot of statutes and expanding time for the statute of limitations. Read more »
Facts About Possession Of A Firearm As An Adjudicated Delinquent In Oklahoma
Juveniles can and do break the law. Hence, all jurisdictions have different ways of dealing with minors when they break the law. For some crimes, minors can be charged and treated as an adult. This may happen with serious crimes such as murder. In other situations, a minor can be treated as a youthful offender […] Read more »Charges in Cherokee Nation Code Since the Hogner and McGirt Cases
There have been lots of changes throughout the court systems in Oklahoma and with the tribes ever since the McGirt decision came out. Read more »Can Tribal Courts Charge People With Felonies?
The tribes can prosecute felonies and the Cherokee Nation does prosecute felonies. I've got several felony cases out at the tribe. Read more »
Cherokee Nation Tribal Court vs State Court
There are differences in the procedures and how the court systems function that a lot of times people don't really recognize. Read more »
Separate Sovereigns and You: Can You Be Charged in Multiple Courts?
When we talk about sovereigns, we're talking about sovereignty. We're talking about a government's inherent ability to govern its people. Read more »
The Difference Between Dismissal With Prejudice and Dismissal Without Prejudice
If you can get a dismissal with prejudice, though, that's the platinum star. That's what you want. That's the best benefit for you. Read more »Defining A False Claim Against The State In Oklahoma
Making a fictitious, fraudulent, or false claim against the state in Oklahoma is a type of fraud. In making a false claim, you are misrepresenting facts in order to obtain money or benefits. Here is what you need to know about this crime and how it is handled in Tahlequah, Oklahoma. False Claim Against the […] Read more »What Constitutes Cruelty To Animals In Oklahoma?
Whether we have pets, raise farm animals, or work in the animal care industry, we like to see our animals nurtured and treated well. Animals are valuable to us and often, vulnerable. Sometimes, animals get hurt. It can be as a result of an accident, neglect, or abuse. Cruelty to animals in Oklahoma is a […] Read more »Consequences Of Forged Prescriptions In Oklahoma
Forged prescriptions in Oklahoma have increased along with the rising demand for drugs such as oxycodone (Percocet) and hydrocodone (Vicodin). These days, prescription opioids comprise a large component of the illegal drug market. Issuing forged prescriptions is illegal in Tahlequah. Read on to learn more. How Forged Prescriptions In Oklahoma Usually Happen This crime can […] Read more »What Is Domestic Assault And Battery In The Presence Of A Minor In Oklahoma?
When relationships are troubled, all too often domestic assault and battery can occur. Things get out of hand and when emotions are running high. Sometimes, it can be hard to sort out the issue of fault in these situations. Domestic assault and battery in the presence of a minor is a crime in Oklahoma. When […] Read more »Consequences For Lewd Molestation of a Minor In Oklahoma
We hate to think about it, but the sexual abuse of children does happen. When it does, emotions tend to run high, and we as a society, want to make sure that the perpetrator is found and prosecuted. When emotions run high, it becomes more important than ever to speak to a Tahlequah attorney if […] Read more »
