- DivorceGenerally speaking, after a temporary order hearing is held, the discovery process is commenced. Its purpose is indicated by its name; it is intended to allow the parties to discover information about the other side’s case. Parties are free to conduct depositions where the deposed party must answer questions under oath in front of a court reporter. Depositions can sometimes get very emotional. We prefer to do depositions in every divorce case but in cases where the client either cannot afford it or it is deemed unnecessary, we do not. During discovery, your attorney should always send over interrogatories, requests for production and requests for admission. These are documents used to gather information. Interrogatories are questions the other party must answer under oath. Requests for production are requests for documentary and other tangible evidence like: bank statements, credit reports and titles. Requests for admission are attempts by one party to get stipulations from the other party. At the very least, in a contested divorce action, your attorney should request this information. It is often very helpful to settling a case or exposing bad behavior of the other party. Recently, in an effort to get information quicker, our firm has begun to issue subpoenas to either the opposing party or some third-party like a bank or school.
- Child SupportAd hoc discussions in the judge’s chambers. It all depends on the judge in your case. It is key to know your judge. If child support is going to be at issue, you must have proof of income at the temporary order hearing.
- Child Custody and VisitationGuardian ad Litem. The appointment of a GAL is for the benefit of the minor child and the attorney is ordered to prepare a report and make recommendations on custody and visitation. As a matter of personal opinion, I am not particularly fond of the GAL system and a bad GAL can be an enormous headache for the lawyer and the client. It is important to make a good impression with the GAL. Often, the GAL will interview the children if they are of an age where that would be useful and they may make home visits. Judges tend to give their recommendation great weight and having a GAL on your side is always a plus.
- Spousal SupportIn Oklahoma, divorce cases are tried by a judge-no jury. Each party can call their witnesses and each party can be called as a witness. Failure to properly prepare for trial is inexcusable. Often times, during trial preparation, the client and lawyer will spend considerable time organizing exhibits and going over trial testimony. The judge can decide the matter at the conclusion of testimony or take the matter under advisement and issue a memorandum opinion. The court has jurisdiction over nearly all issues raised in a divorce action. The court can decide property issues, child custody and visitation, alimony, possession of the marital home and virtually every other dispute raised at trial.
- Legal SeparationOklahoma is a ”no-fault” divorce state, meaning it is no longer necessary to prove that the other party did something wrong in order to be granted a divorce. Generally speaking, a party cannot seek an annulment unless that party can prove that the marriage was invalid for a reason such as fraud. Parties can seek a legal separation that essentially acts like a temporary order of the court, but keeps the marriage intact, usually because the parties are attempting to work the situation out.
- Annulment
- Criminal DefenseIf you have been charged with a crime or are under investigation, you need to contact an experienced Oklahoma Criminal Defense attorney at Bays Law Firm today. We have represented hundreds of people from across the state charged with crimes from public intoxication to accessory to first degree murder.
- DUI/DWI“There was a time where a DUI was considered a mere traffic citation. That time is long gone. A DUI in today’s climate can destroy lives. Aside from the usual penalties of jail time and fines, there are also court costs, fees for classes, license revocations and a slew of other financial and personal hardships. Our firm has represented hundreds of people all across the state who have experienced the pain of a DUI charge. We fight to get every single case dismissed and we don’t believe that DUIs are simple or easy. We deal directly with the Department of Public Safety to fight to keep your driving privileges in tact. We go to Court and force the police to prove their case beyond a reasonable doubt. We bring to the table an in-depth knowledge of the science and practice of DUI defense. Our attorneys have countless hours of CLE training, specialized seminar training and in-court experience cross-examining police officers who make DUI arrests. There is simply no substitute for experience and we have the experience to aggressively represent you.”
- Wrongful DeathAuto accidents are common and make up a huge area of civil litigation. From simple, soft tissue injuries to wrongful death, if you or someone you love is injured by a negligent driver, you have a right to compensation.
- MisdemeanorsExpungement in Oklahoma refers to a legal process whereby a person’s criminal conviction or arrest is sealed and cleansed from his or her public criminal record. The type of expungement that is appropriate to a given criminal case will vary, depending upon whether the crime was a misdemeanor or a felony, whether the person was a juvenile (minor) or an adult, whether a conviction occurred, what sentence was received, and how much time has passed since the conviction and completion of the sentence. Expungement law in Oklahoma can be complicated, so it is critical that you consult with an experienced Oklahoma lawyer that knows expungement law.
- Murder5. Any person who, after a previous conviction of a violation of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of driving under the influence of alcohol or other intoxicating substance, is convicted of a violation of this section shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not less than five (5) years and not to exceed twenty (20) years, and a fine of not more than Ten Thousand Dollars ($10,000.00).
- Restraining OrderAn application for temporary order may or may not accompany the petition. As a matter of practice, our firm almost always files this with the petition. This document generally request that custody be granted to our client, that child support be ordered and that our client be awarded temporary support and temporary attorney fees. This is not to be confused with an application for emergency temporary order or an application for temporary restraining order. These are not common to be filed, and should only be filed where one party has been acting poorly and is a threat to either the other party or the children, and sometimes both. If you feel like there is a real threat to you or your children, it may be appropriate to file one of these documents.
- Manslaughter
- Premises Liability
- Personal InjuryIf you have been injured, you may be entitled to compensation. Personal injury law is constantly changing with each legislative session and speaking with an experienced attorney is the only way to get an up-to-date understanding of that you are in for.
- Medical MalpracticeIf you were injured as a result of the negligence of a health care professional, you may be entitled to compensation. Surgical errors, failure to properly diagnose a condition or other actions that are contrary to commonly accepted medical practices are just some of the ways doctors and hospitals can be held liable for their negligence.
- Auto Accidents