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John Hunsucker

John Hunsucker’s Answers

232 total


  • What is the statue of limitations on identity theft in Kansas?

    that was all the info I want to give...

    John’s Answer

    Every state has different laws concerning the statute of limitations. As you are asking about Kansas, you may have better luck posting your question under legal questions in Kansas instead of Oklahoma. Most Oklahoma attorneys will not be able to answer the question.

    Hopefully this answer will be able to direct you to the right place to get your answer.

    Good luck.

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  • Can anyone tell me what "Lack of Corpus" means?

    If you are charged in a burglery case and the disposition is "Lack Of Corpus" what does that mean?

    John’s Answer

    Corpus means body. In legal definations, it can mean different things as far as its application. As this is a criminal case, I am assuming that you or the court meant lack of corpus delecti which means that they were not able to show that a crime had been committed. This is different thatn being found not guilty as that just means that the state didn't prove that the person committed a crime but means that the court or DA decided that no crime had been committed at all.

    If my answer is helpful, please click the thumbs up button.

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  • Room mate with verbal agreement

    I had a room mate move in and she told me she would get a job and help on bills. Now after 6 months and not paying anything I got kicked out of my home from her not doing her part of paying bills or getting a job. What can I do to make her help wi...

    John’s Answer

    You can try and take her to small claims court but basically without a written agreement, your chances of success are minimal. Also, if there was a romantic situation, that will further harm your case in my opinion. Unfortunatley, you are probably better off to chalk it up as a learning experience and always get a written agreement in the future.

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  • OKLA DIVORCE - I received a counter offer from my wifes attorney, info was missing. Now she doesn't have a lawyer.

    I received a counter offer. I sent her another offer leaving out alimony and she didn't respond. It's been months and nothing, she's stalling. I was told that i could sign her counter offer to end this,but her counter offer doesn't state how much ...

    John’s Answer

    In your question, you say that you have an attorney. Your attorney is the best person to ask these questions to as he is familiar with all of the aspects of your cse and it isn't really fair to him to be soliciting answers from others that may not have the full facts as each case is different which means different answers will apply.

    As a general rule, your attorney can proceed with the divorce even if she does not have an attorney. Your attorney can draft up what ever agreement you want that has the exact figures in it so there are no misunderstandings. If she refuses to act upon any proposed agreements, your atorney can set the case on a trial docket and force her to either reach an agreement or come to court and present evidence as to why she should get alimony and let the jusdge decide. In determining alimony, courts will look at length of marriage, educational levels and earning ability, current income levels, and obstacles to earning ability liek not being in the job market due to being stay at home mom, etc.

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  • I haves been looking into doing my own divorce but I have been upset that Oklahoma divorce forms are so hard to find.

    Other states make the forms available on the court websites, bar association websites, but in Oklahoma its so hard to find the forms. Me and my husband have one child. We only have 2 cars both paid for I have one here and he lives in Colorado and ...

    John’s Answer

    Admittedly, I am bias as i am an attorney but I think anytime you deal with the legal system, you should have an attorney. With a child involved, it is not necessarily an easy thing for a lay person to handle. There are statutory requirements as far as waiting times and child support guidelines. That being said, there are relatively cheap options available for divorces that are basically agreed to. I do not know in the Tulsa area, but there are attorneys in OK that do waiver divorces for $500-750. I would suggest looing in the Urban Tulsa paper for ads.

    An attorney will know the system and make sure that everything is done correctly and get you through the courthouse without delay. If at some point, you and your soon to be ex get into disagreements over child raising, visitation, or support at later date, this divorce document will be controlling so it is important that it is done correctly or you possibly will pay alot more later if it isn't.

    I would also stay clear of any paralegal services or doc prep services as they are not lawyers and can't advise you of potential problems.

    Although I am an attorney, I do not do divorce work and this is just my honest opinion.

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  • What happens if the DA doesn't show up for court?

    My court date is Wednesday and the DA didn't file yet and he think it's Thursday.

    John’s Answer

    I'm not sure how you know the DA thinks it is Thursday but shouldn't matter. Most DA offices, including Pottawatomie County, pull the daily dockets for the judges they appear in front of so should get caught by the staff. It is possible to file the charges right before court. If the DA is not present, the judge's office will call over to the DA's office and have someone come over. They are next door in the old Carnagie library.

    If the charges are not filed yet, the judge may give you a new court date to return or tell you to stay in touch with your bondsman. They can file anytime during the statute of limitations which is usually 2-3 years in Oklahoma but depends on the crime.

    If my answer was helpful, please click the thumbs up button.

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  • I got a dui in MI almost ten years ago. How or when can I get an oregon drivers license?

    I went to the DMV and they said that my name was on some kind of national database. I havent had a drivers license since I lost it in MI almost ten years ago.

    John’s Answer

    As long as you are suspended in one state, you will be on the national database preventing getting licensed in another state. Thus, you must get reinstated in MI. It appears that the drivers licenses are handled by the Secretary of the State in Michigan. I would start there to see what requirements need to be completed to get reinstated in Michigan. Once you are reinstated, then you shouldn't have any issue getting the Oregon DL.

    You probably don't need an attorney for this if you are willing to do the legwork yourself. If you want somebody else to do the legwork, then call an attorney in Michigan that handles DUI cases. A good referral source is www.ncdd.com to find DUI attorneys in michigan. To do it yourself, use this link to contact the Sec. of State in MI: http://www.michigan.gov/sos/0,1607,7-127-13162-25634--,00.html.

    Good luck

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  • I owe a large amount of restitution for a felony. My probation ends next year. Can they violate my probation for non payment?

    My probation says I have to pay $10,000 a month in restitution. I can't even find a job. I cannot make payments. Can they put me back in jail for probation violation or can they extend my probation?

    John’s Answer

    If the resitution is part of your proabation requirements and it usually is, then they can file an application to accelerate yoour deferred if on a deferred sentence or a motion to revoke your suspended sentence if on a suspended sentence. Once either is filed, thern it is possible to put you on a new sentence which could increase or extend the probation time. They can even put you in jail.

    If they file, the court and DA will look at whether you have made any attempt to pay the restitution or find a job. I would recommend making sometime of payment each month even if it isn't a full payment. Also, document your attempts to find a job and be willing to take a lesser job in the meantime if necessary. Take a look at your assets and liabilities and see if there are any assets you can liquidate to go towards restitution. This shows that you are making an attempt to be compliant.

    Good luck

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  • Is there any recourse for me?

    my husband just passed away and had a 401k with his former company..not sure when we married if he changed the beneficiary to me instead of ex wife or dad..we have a minor child also

    John’s Answer

    Sorry to hear about the passing of your husband. You and your son may be entitled to part of the 401k regardless of the beneficiary. This is really more of a proabate question versus an employment question. You will want to speak with an attorney that handles probate. If you are in the OKC area, i would call Terrell Monks at 405-733-8686. Terrell offers free consultations and his practice is focused mainly on probate. He will be able to make sure you and your son are protected and receive what is right.

    Good luck.

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  • Can i be fired from my job for getting arrested for a false or forged priscription but have not been convicted yet?

    I was arrested for a forged or altered prescription but have not been convicted. i am taking it to trial to prove i am not guilty. my employer terminated me for having the charges and not telling them when it happened.

    John’s Answer

    Oklahoma is an at will employment state meaning they can fire you without cause as long as it isn't an illegal action like discrimination or retaliation for filing a workers comp case. They can fire you for being charged with a crime if that is their policy and procedure. You need to look and see if there is an employee handbook as courts have interpreted handbooks in some cases to be an employment contract. However, if the book says that you have to notify them and you didn't then that could be grounds also. If you have an employment contract, then it will bind what happens.

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