Skip to main content
John Hunsucker

John Hunsucker’s Answers

232 total


  • Can charges be refiled for charges that have alread been declined w/ nothing pending?

    Charges were declined in court and I have been arrested on a warrant that was issued for the charges that have been refiled for the same charges. I had no idea this ever happened, are they supposed to notify me when this happens.

    John’s Answer

    As long as the statute of limitations has not expired, they can refile the charges unless the charges were previously dismissed with prejudice. The warrant is the notification. Although it would be nice if the court would send out letters to people telling them that charges have been filed, there is no requirement to do so and with the exception of a few municipal courts, I know of no courts that do that.

    It is possible that the charges were initially declined Due to lack of evidence that the police officer further investigated and represented the charges.

    See question 
  • Do I really need to pay my civil demand from walmart?

    I am 19 years old and for the first time I shoplifted and got caught. The total value of the two items was $5.39 from walmart. They took my information and I returned the undamaged items. I was told I was just recieving a warning and there were no...

    John’s Answer

    The filing of criminal charges is a decision made by the district attorney or city attorney, not walmart. I have never heard of a case where walmart filed a civil lawsuit over non payment of the demand. You are under no obligation to pay the demand and it is not money owed. If the merchandise was recovered without and damage to it, then they have suffered no damages so would be difficult to obtain judgement of any value...especially from a young person as they normally do not have a lot of assets.

    See question 
  • Does having an out of state license revokation make a difference when reinstating?

    Licensed in Texas Revoked/Suspended 9 months in Colorado If I'm to return to Texas, and have not driven at all in the past year will I be able to reinstate in Texas without dealing with interlock, or will the fact that I had a deferred sentence ...

    John’s Answer

    An out of state license revocation will not always result in a license loss in your home state. A lot of will depend on whether your CO suspension was based on a conviction for DUI or the result of an administrative suspension from the CO public safety department. You would need to check your driving record in texas to see current status. With increased reporting over the last few years. Many states are becoming more aware of pending actions in other states. We are seeing that more states are not allowing their licensees to renew when there is a pending revolution in another state.

    See question 
  • IS it illegal for an 18 year old male to get a girl that is 16 years old knocked up??

    I have a friend he is 18 about to turn 19 he got this 16 year old girl knocked up and then they broke up.. he is going to court for child support once the baby is born will he get charged with anything the legal consent age is 16 here in oklahoma

    John’s Answer

    As long as she was 16 at the time sexual relationships started, he has committed no crime. The exception is if he is in a position of power or trust over her. Ie...coach, teacher, preacher. Also, even though he can have sex with a 16 y/ o, he cannot take pictures of her as that would be child porn.

    See question 
  • I was arrested for shoplifting. Can my fine be reduced?

    This was my first offense. I stole roughly $40 of knock-knacks from a supermarket. I am under the age of 18, and understand that what I did was wrong, and why it was wrong. I'll be expecting a hefty fine and community service hours along with the ...

    John’s Answer

    It will depend on the jurisdiction ( court) that you are in. If you are in the juvenile courts which you should be, most require more community service and less fines as they figured it is the parents that end up paying the fine versus the juvenile doing the community service.

    See question 
  • Is it illegal in oklahoma to be out past curfew, if you are under 18, but with people who are 18 or older?

    im 17, but all my friends are 18 or older. is it illegal for me to be out past curfew if im with them?

    John’s Answer

    It depends on the actual municipal ordinance in place. There is not state law applying a curfew. Usually, the ordinance will have some exceptions for getting out of a movie or returning from work. As a general rule, if there is a curfew, you would have to be in the presence of your parent, not other friends over the age of 18

    See question 
  • DWI in Arkansas DUI in Oklahoma

    About 5 to 6 years ago I got a DWI in Arkansas and last weekend I got a DUI in Oklahoma. Will this be charged as my second offense? I have read the charges for a second DUI is significantly higher than first and my charge is in the money range o...

    John’s Answer

    The current Oklahoma law is if you have a prior conviction from a court of record within the previous ten years (regardless of where), then you can be charged with a felony DUI which carries 1-5 yrs in prison and up to a $2500 fine. (This law changes Nov 1, 2011 though)There are several factors to consider. Was the first DWI in a court of record or some little municipal court that didn't do any paperwork. The DA on the current case must be able to prove up the prior DUI and that it was you and that it was a conviction.

    Please call our office for a free consultation and we can cover this in more detail. You can also find out more information on www.okdui.com. I may be able to tell you whether you are looking at a felony or misd based on the court date information.

    Remember, in Oklahoma, we must request an administrative hearing within 15 to prevent license suspension.

    Good luck

    See question 
  • I am trying to find out what I need to do to have my son's father's rights terminated.

    My son's father has a history of drug abuse, domestic abuse, and constantly in jail. He has only called about his son once in the last 3 months. I have not allowed him to see my son during the three months due to his behavior stated above. He rece...

    John’s Answer

    Oklahoma has very strict requirements to terminate a parental rights and at first blush, it doesn't appear that this will qualify but that question really can't be answered without a full consultation with an attorney that handles family law.

    Depending on the facts of the case, you can ask the court to order his visitation be supervised if you feel the child is at risk. However, the previous answer was correct that if you are not following the current court order, you can be held in contempt. If you feel that he shouldn't have visitation, then you need to file a motion to modify the custody/visitation order in place.

    Good luck

    John Hunsucker

    See question 
  • Is the temp service i work for holding me to an illeagle contract?

    a company wants to hire me permanantly that i have worked over 100 hrs for through the temp service, command in tulsa ok. command says I need 480 hrs in that dept (i have additional hrs in other depts of the same co) in order to release my contrac...

    John’s Answer

    There is no way to fully answer your question without more information. Several factors need to be considered. Did you sign a contract with them? If so, look at the contract to see what it says. The contract will control what requirements there are. Even if the contract states youmust work a certain amount of hours, it still may be worth your time to sit down with a lawyer that handles labor law or contract law. You may be able to get assistance at the local legal aid office in Tulsa.

    Good luck.

    John Hunsucker

    See question