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Kevin H. Pate

Kevin Pate’s Answers

14,243 total


  • What can I do when I made a plea deal that included 40 hrs of community service. But can't complete due to 3 heart attacks?

    I made a plea deal but I told the D.A. I have had 3 heart attacks and several other medical issues such as diabetes,angina, and a pinched nerve in my back. She basically just shrugged her shoulders and demanded I would have to take the deal as is....

    Kevin’s Answer

    The time for you and your counsel to have worked this out was prior to making the agreement. Now that it exists, a failure to comply, unless the court deems it to not be a wilful failure, can indeed cause a negative outcome for you.

    You do not indicate how long a time you have had since you agreed to do the 40 hours.
    Nor do you indicate if you sought out ways to do community service that are not physically stressful.
    Nor do you indicate how much time remains available to you.

    It is not too early to speak to counsel on your issue, either your prior counsel or new counsel of your choice.

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  • I would like to know the repercussions of posting a flyer (in his apt complex) w/ a few negative facts about a guy I was dating?

    Recently the guy (over text) revealed to me that he would not be with me if I didn't use the word "daddy" in the relationship. That is embarrassing to admit, & I was floored & completely disgusted to say the least. I wondered if I could use his na...

    Kevin’s Answer

    Pause before you move forward.
    Will you be less, or more, embarrassed to spread around fliers that indicate your choice of a partner was a poor choice on your part. Your focus may be on his flavor of kink, but that you were with him for a time also impacts you. As does perhaps becoming known as the T Swift of the posted flier.

    Ms. Swift is paid well when she writes songs about her past relationships. it is doubtful your fliers will pay off in any way meaningful to you.

    You don't want to call your partner daddy. so move on down the road, and be more attentive at the beginning of the next relationship. As for this not right for you person, posting fliers about your opinion on him, or verifiable facts, may have the unintended consequence of lining up multiple partners for the person.

    What turns one person off may make the eyes light up or a heart skip a beat in several others. Do you really want to be helping him out in that manner?

    The best revenge after a breakup is living a happy productive life that doesn't have you looking in the rear view mirror continuously after kicking him to the curb.

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  • How do you file grievance on a judge in Oklahoma?

    Went to court over a storage unit door. Before we got started, the judge told the plaintiff to go to a certain office and he would help her collect. So he had his mind made up before we even got started. I was served papers to go back to court for...

    Kevin’s Answer

    If you wish to follow that path, you would file a complaint with the Council on Judicial Complaints.
    http://www.okbar.org/public/Courts/CouncilonJudicialComplaints.aspx
    I would encourage you to sit down with an attorney of your choice before doing so.

    As for the serving of papers for an asset hearing, once a judgment was entered for the plaintiff, that is a typical next step, proceeding to collect on the judgment. It is not particularly relevant that this was filed on the same day a judgment was entered as contrasted with a day or three or even a month after a judgment was entered.

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  • Will I still have to pay child support to my ex who has full custody, even though the children will be living with me full time?

    My ex wife moved out of state with my children, and is unable to take care of them financially. She has asked that they come live with me for the next year as a result. I dont trust her to forward the support I pay. What steps should I take to res...

    Kevin’s Answer

    The existing valid order remains valid until modified. As the children are coming to reside with you, file a motion to modify custody.

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  • Can the Edmond, OKC police physically remove an individual from their home who texted someone with seemingly suicide ideation

    I had contacted Edmond, OK police to check on an individual who was texting me what I interpreted as suicidal thoughts. The police then called me and said the individual was calm, but took this individual to the Emergency Center and then to the O...

    Kevin’s Answer

    If the person was deemed a danger to self or to others, then yes, the police can intervene. Apparently you were not the one one who became concerned about the behavior of your friend.

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  • What does real emergency documents and seal like like

    A x friend of mine going to my friends houses and saying she got emergency custody over my daughter i didnt get nodify or anything how can she have any type of custody just nothing to her no blood related or anything for that matter she said she's...

    Kevin’s Answer

    You need to secure counsel and get to the bottom of what is going on. Although your friend could be simply lying, if she was able to change food stamps and doctors, she is either a great liar or has documentation of her claim.

    It is possible to obtain emergency custody on an ex parte basis, but that order has to be served on the other persona and a hearing held within 10 days.

    Hire counsel. do not tarry.

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  • Will I be eligible for unemployment if i was terminated due to "milkimg it"

    My boss said i was terminated due to "attitude,lack of interest, demeanor,not paying good enough attention to the small stuff, i feel like you have been milking it. I really feel and believe you dont like your job and your really not happy here,it...

    Kevin’s Answer

    Possibly, but do not be surprised if the tenor of the boss changes to misconduct on your part for claiming hours where you did no work. If you have documentation of being a good employee, just not a super employee, do not lose that information.

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  • Can the police force their way into your home with a bench warrant for failure to appear but no search warrant

    Husband has a bench warrant for failure to appear but he did appear and the original arrest this year was for a warrant from 2008 isn't the statute of limitations up for CDS paraphaneli and driving under suspension from nearly 9 years ago? The loc...

    Kevin’s Answer

    You misunderstand the nature of a limitations statute.

    And yes, a warrant for an arrest can be executed without a search warrant for the property.

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  • Can an employer terminate you if you are on FMLA and in the short term disability process?

    I am on FMLA and have been off work since August 5th awaiting short term disability. My claim is still pending. I was notified today via certified mail that I was terminated due to downsizing in my department. They said they chose people based on ...

    Kevin’s Answer

    The short answer to your question is yes, it is possible.
    Whether it was done in a permissible manner is a matter best addressed between you and your choice of counsel with employment law experience.

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  • Can a doctor slander my name just because he says I was incorporating?

    He thought I missed an appointment but that wasn't correct after days without meds I've been on for years I got angry and told him he was being unfair. He dismissed me as a patient and now I can't get another doctor. They say they r going by what ...

    Kevin’s Answer

    You do not have a malpractice matter in what you post.
    You may, or may not, have a defamation action. You can talk specifics to counsel of your choice. be prepare to write a retainer check of 4-5 grand as an initial payment if you proceed on such a matter. Such actions are rarely considered for contingency fee agreements.

    If you feel your doctor has violated your patient/doctor privilege, you can make a complaint to the medical licensing board. They may or may not agree with your perceptions.

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