B.
Legal Questions
1) Divorce
a) My spouse has hired an attorney
and wants me to settle out of court. Do I need an attorney?
Answer: An attorney only has a fiduciary duty to one
party - the party that hired the attorney. Therefore, understand that your spouse's attorney does not owe you any duty and
is not required to protect ANY of your rights or interests. Yes, if you want your rights and interests protected, you need
to hire an attorney who will represent you.
b) My spouse and I are thinking about handling our own divorce without
hiring lawyers. Can this be done?
Answer: Yes, but it is not advised. Though some divorces seem easy on the surface,
most of the time they are not. Hundreds of things that can be added, omitted or misworded that could have severe consequences
in the future, ranging from tax liability to loss of retirement benefits. Once a final Decree granting a divorce is filed,
some things can NEVER be modified. Also the chance exists that, unbeknownst to you, your spouse will have a "ghost attorney"
helping him/her with drafting the divorce/property settlement. At a minimum, legal papers (i.e., custody agreements, property
settlements) should be reviewed by an attorney who represents your interests.
c. My spouse and I are thinking
of separating. Should I move out of the house?
Answer: No. In most situations, moving out of the house may place
you in a weaker position when it comes to temporary possession of the marital home. Many judges like to keep the status quo.
However, if there is violence or danger of any form, move out immediately and contact the local authorities. This action should
not hurt your ability to request temporary possession of the marital home.
d. I have full custody of my child and I want to move out of the State of Oklahoma. Are there
any requirements before I move?
Answer:
Absolutely. Title 43 O.S. Section 112.3 requires you to provide special notice pursuant to the statute. This notice
has several requirements and has time restrictions. Failure to follow these restrictions could result in you not being
able to relocate the child, or worse, could result in loss of custody. Please call the firm so that this can be discussed
with you.
e. My divorce
decree states that my spouse is responsible for a specific debt that we had in both of our names while we are married.
However, my name is still on the loan/debt and it is effecting my credit. How do I get my name off the debt?
Answer: It is not an easy task. The company the loan
is through was not a party to your divorce action. Therefore, the Judge cannot order the company to take your name off
the loan - even if your spouse is supposed to be fully responsible for them. Unfortunately, this matter should have
been addressed in your Decree before it was finalized. However, depending on the language of your Decree, you may have
a few options in getting this problem solved. Please contact the law firm of Christian M. Zeaman to schedule a consultation
so that your Decree can be reviewed. On another note, it is important to hire a firm that knows how to protect
this from occuring prior to the finalization of the Decree.
2 Criminal Law
a. The police are
at my door and want to search my house. Should I consent to the search?
Answer: Absolutely not. The police may
have no right to even be at your door step. However, if you consent to a search, you will be waiving your constitutional rights
and will lose your ability to effectively suppress anything they retrieve from your home. Simply inform the police that you
do not consent to a search. If they ask you why, simply inform them that you are excercising your constitutional rights. If
the police have the right to search your house, they will present or return with a search warrant.
b. The police
are wanting to ask me questions about something I did? Should I talk to them?
Answer: Absolutely not. Call an attorney
immediately. Do not say yes, no or remain silent to a specific question. Merely state that you want an attorney present before
anwering any questions. Repeat this request over and over and over and over, regardless of any promises, threats or types
of persuasion the police may use.
c. If I get pulled over for suspicion of DUI, should I take the breathylyzer
test?
Answer: Depends. If you feel certain that you are not intoxicated (i.e. are feeling ZERO effects from your
previous alcohol use), take the test. However, if you have consumed a lot of alcohol or know that your alcohol consumption
has impaired your ability to drive, you may want to refuse all tests. This makes it is impossible to prove your blood alcohol
was over .15 (which could be charged as a felony regardless of whether it's your first offense). ALSO, ALWAYS REFUSE
TO TAKE THE FIELD SOBRIETY TESTS. These are the test where the officer will ask you to stand on one leg or walk in a
straight line. These tests are unfair and subjective. If asked to do one, state that you would like to talk to
an attorney and then respectfully refuse to take the test. Also, NEVER admit to drinking alcohol. If the officer asks,
just tell him you would like to speak to your attorney and then respectfully refuse to answer the question if it is asked
again.
d. I have been arrested and want to keep
the charges off my record so that they will not hurt me with my employment. Is this possible?
Answer: Absolutely. The law firm of Christian M. Zeaman, P.C. has kept criminal charges off of
hundreds of client's records. This can be achieved through dismissal, acquittal or even a special plea agreement.
Please contact us so we can discuss whether such would be possible for you.
e.
I am on probation for a deferred sentence and my old attorney told me that I can still possess my firearm since I have not
been convicted. Is this true?
Answer: Not true. You cannot
possess any firearm during your probationary period of your deferred sentence. Though you have not been convicted, you
could still be charged with possession of a firearm after former conviction because the Oklahoma Court of Criminal Appeals
has ruled that during your probation period, you are deemed convicted for the purposes of firearm possession.
3. Personal
Injury
a. I was just in a car accident. What should
I do?
Answer: Call 911. Make sure the police are called
to the scene, even if it is fender bender. If you are hurt, be careful to move from your car unless staying in
the vehicle could put you in further danger. Take photographs of the entire scene with a disposable camera or even your
camera phone. Take as many as you can. Record the person who hit you if you have a recorder. Make sure
you inform medical personell and the officers about your injury and specify EVERY place you feel pain. Do this again
at the emergency room and at your doctor's office. If you do not, the insurance company WILL use it against you. Call us
immediately. We can meet with you AND get you to a health care facility that will see you immediately.
b. What type of automobile coverages should I have in order
to protect myself?
Answer: In short, you should carry
as much as you can afford. However, the most important coverage is Uninsured/Underinsured Motorist Coverage. What
this coverage does it provides you with the ability to receive a settlement for your medical bills, future medical bills,
disfigurement, injury, lost wages AND your pain and suffering should you be injured in an automobile accident caused
by an uninsured driver or someone who does not have enough insurance to cover your damages. Otherwise, if someone without
insurance were to hit you, and they were at fault, you would receive NOTHING for your injuries! Call your insurance
carrier today and add this coverage immediately.
4. Civil Law
a. I have just been served a Summons and Petition. What should
I do?
Answer: Oklahoma law requires you to file a pleading called an Answer within 20 days of the date you received
the Summons and Petition. If you do not, the person sueing you will win the case by default. You do have the ability to file
an "Entry of Appearance and Reservation of Time to Answer" which will extend your filing date by 20 days. However,
you should immediately contact an attorney before taking any type of action.
b. I own my own business and make
agreements, purchases, transactions, and deals every day. Do I really need an attorney?
Answer: Yes. An attorney
can draft a contract for any agreement, purchase, transaction, or deal your business is pursuing. In contracts, the cost to
have an attorney review or do the drafting is a fraction when compared to the costs of litigation if a breach occurs. Even
worse, the absence of a solid contract may prohibit you from pursuing the person/entity in breach (i.e., the party in the
wrong may get away with it).
c. People, including other attorneys, family, and friends have informed me that I
do not have a case for the injuries I have sustained. Should I call your firm anyways?
Answer: Yes. People, including
attorneys, are wrong from time to time. Also, certain situations exist when you can receive a recovery from a person or entity
that you (or your previous advisors) did not consider or know about. The old saying "nothing in life is free" is
incorrect. The call and consultation with the law firm of Christian M. Zeaman, P.C. is FREE!
