Chase McBride was selected to be interviewed by The Legal Odyssey regarding his work on Grandparent Visitation cases in Oklahoma. The Legal Odyssey is a podcast that interviews attorney across the country to learn more about areas of law from those who have excelled in it.

In a world driven by complex transactions and intricate agreements, the necessity of documentation cannot be overstated. Contracts serve as the bedrock of the legal and business landscape, establishing clear expectations, obligations, and rights for all parties involved. While verbal agreements might seem convenient in the moment, the inherent risks and uncertainties they pose underscore the vital importance of putting all contracts in writing.

Legal Clarity and Precision:
The foremost benefit of written contracts lies in their ability to provide legal clarity and precision. Unlike verbal agreements, written contracts outline the terms, conditions, and provisions in explicit detail, leaving no room for misinterpretation or ambiguity. Clarity in contractual terms ensures that all parties involved fully comprehend their rights and obligations, thereby minimizing the potential for disputes and legal conflicts.

Evidential Support:
In the event of a dispute or disagreement, written contracts serve as concrete evidence of the agreed-upon terms and conditions. They provide a reliable reference point for resolving conflicts and enable impartial third parties, such as courts or arbitrators, to objectively assess the validity of each party's claims. The documented nature of these contracts can significantly strengthen a party's position when seeking legal redress, enhancing the overall enforceability of the contract.

Risk Mitigation:
By documenting the details of a transaction, written contracts effectively mitigate risks that may arise during the course of the agreement. They anticipate potential scenarios, outlining measures for risk allocation and establishing procedures for dispute resolution, thereby safeguarding the interests of all parties involved. A well-drafted contract can account for contingencies and unforeseen circumstances, providing a structured framework for addressing potential risks and liabilities.

Memorializing the Agreement:
Written contracts serve as a memorialization of the agreement, capturing the intentions of all parties at the time of the contract's formation. This memorialization not only solidifies the commitments made but also serves as a reference point for future interactions and relationships. It helps prevent misunderstandings that may arise due to the imperfect recollection of verbal agreements, ensuring that the original understanding remains intact throughout the duration of the contract.

Legal Compliance:
In various jurisdictions, certain agreements are legally required to be in writing to be enforceable. Statutory laws and regulations often mandate written contracts for specific types of transactions, such as real estate deals, leases, and large-scale commercial transactions. Adhering to these legal requirements not only ensures the validity of the contract but also protects the parties from potential legal repercussions stemming from non-compliance with the law.

Professionalism and Trust:
The act of drafting a written contract reflects a level of professionalism and commitment to the agreement, fostering a sense of trust and reliability among the parties involved. It demonstrates a dedication to upholding the terms of the agreement and adhering to ethical business practices, thereby cultivating a positive working relationship based on transparency and accountability.
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Ultimately, the decision to formalize an agreement through a written contract is an investment in the long-term stability and integrity of any business relationship. It establishes a solid foundation built on legal clarity, evidential support, risk mitigation, and a commitment to professionalism and trust. Embracing the practice of putting all contracts in writing is not only a prudent business strategy but also an essential safeguard against potential disputes and legal entanglements.

In the realm of legal disputes, small claims court provides a streamlined and accessible process for individuals and businesses to resolve minor civil matters. In the state of Oklahoma, the small claims procedure offers a cost-effective and efficient means for resolving disputes involving relatively modest sums of money. Here is an in-depth look at the small claims process in Oklahoma and how it benefits its residents.

Filing a Claim: The first step in the Oklahoma small claims process involves filing a claim in the small claims court of the appropriate jurisdiction. Typically, the claimant must file the claim in the county where the defendant resides or where the incident leading to the dispute occurred. The claim form must include specific details about the nature of the dispute and the amount being claimed.

Service of Process: After filing the claim, the court will issue a summons to the defendant, notifying them of the lawsuit and the date of the hearing. In Oklahoma, service of process can be achieved through various methods, including personal service, certified mail, or even by a court-appointed process server.

Court Appearance: Both the plaintiff and the defendant are required to appear in court on the designated date. During the hearing, both parties have the opportunity to present their cases, provide evidence, and call witnesses if necessary. The judge will carefully consider the arguments and evidence presented and will make a decision based on the merits of the case and applicable Oklahoma law.

Judgment and Enforcement: If the judge rules in favor of the plaintiff, a judgment will be issued, outlining the amount of money the defendant is required to pay. In Oklahoma, the losing party has 30 days to appeal the decision. If no appeal is made, the judgment becomes final, and the prevailing party can take steps to enforce it, such as through wage garnishment, property liens, or bank account levies, to collect the awarded amount.

Limits and Exclusions: It is essential to note that small claims courts in Oklahoma have specific limits on the maximum amount that can be claimed. As of 2023, the maximum claimable amount is $10,000.00 Certain types of cases, such as those involving divorce, libel, and slander, are not eligible for resolution in small claims court and must be pursued through other legal avenues.

Legal Representation: In Oklahoma small claims court, legal representation is not mandatory. Parties can represent themselves or choose to have an attorney present. However, having legal guidance can be beneficial, especially in complex cases where legal expertise is crucial for presenting a strong argument and navigating the intricacies of the legal system.
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Overall, the small claims procedure in Oklahoma serves as an accessible and effective method for resolving disputes without the need for lengthy and costly litigation. By understanding the process and adhering to the rules and regulations set forth by the state, individuals and businesses can seek fair resolutions to their minor civil matters in a timely and efficient manner.

​Country music star, Zach Bryan, was recently arrested in NE Oklahoma by the Oklahoma Highway Patrol for obstructing justice. What does that mean though?

Obstruction charges in Oklahoma, like in many other states, are a serious matter that can lead to legal consequences and potentially impact an individual's life in significant ways. These charges are not to be taken lightly, as they involve actions that hinder law enforcement officers in the performance of their duties.

Definition
Obstruction of justice, often referred to simply as obstruction, involves a range of actions that interfere with the work of law enforcement officers, prosecutors, or the justice system as a whole. In Oklahoma, obstruction charges are defined as:

“Any person who willfully delays or obstructs any public officer in the discharge or attempt to discharge any duty of his or her office, is guilty of a misdemeanor. Nothing in this section shall preclude a person from recording the activity of law enforcement in a public area, as long as the recording activity does not delay or obstruct the law enforcement agent in his or her duties.”

Penalties for Obstruction in Oklahoma
The penalties for obstruction charges in Oklahoma can vary depending on the specific circumstances, background of individual and the severity of the offense. Obstruction charges are classified as misdemeanors and the range of penalty may include fines, probation, community service, and up to one year in county jail.

Defenses Against Obstruction Charges
When facing obstruction charges in Oklahoma, it's crucial to consult with an experienced criminal defense attorney. A skilled attorney can help evaluate your case and may use various legal defenses to challenge the charges. Some common defenses against obstruction charges include:
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1. Lack of Intent: If you can demonstrate that you did not willfully or knowingly obstruct law enforcement officers, you may have a defense against the charges.
2. False Accusation: If you believe you were falsely accused of obstruction, your attorney can work to gather evidence and witnesses to support your innocence.
3. Constitutional Violations: If law enforcement officers violated your constitutional rights during the arrest or investigation process, this could potentially lead to the dismissal of charges.

Obstruction charges in Oklahoma are serious legal matters with potential consequences that can impact your freedom and future. It's essential to understand the specific laws related to obstruction and seek legal counsel if you find yourself facing these charges. An experienced attorney can help you navigate the legal process, protect your rights, and work toward the best possible outcome for your case. Remember that this article provides general information and should not be considered legal advice. Always consult with an attorney for advice tailored to your unique situation.

When individuals are arrested and charged with a crime in Oklahoma, they may be granted the opportunity to post a bond, also known as bail, in order to secure their temporary release from jail until their case is resolved. The bond is a financial guarantee that the defendant will appear in court for all scheduled hearings and comply with any other conditions set by the court. But how are bonds for criminal cases in Oklahoma actually set? Let's take a closer look at the process.

Types of Bonds in Oklahoma
In Oklahoma, there are several types of bonds that can be set for criminal cases. These include cash bonds, surety bonds, property bonds, and personal recognizance bonds.

1. Cash Bonds: A cash bond requires the defendant or their representative to pay the full amount of the bond in cash. Once the case is resolved, and the defendant has fulfilled all court requirements, the cash bond is refunded, minus any fees or fines.
2. Surety Bonds: A surety bond is obtained through a bail bondsman or bonding company. The defendant or their representative pays a percentage of the total bond amount, usually 10% of the total, to the bondsman, who then posts the bond on behalf of the defendant. The bondsman assumes responsibility for the full bond amount if the defendant fails to appear in court.
3. Property Bonds: A property bond allows the defendant or their representative to use real estate or other valuable property as collateral for the bond. If the defendant fails to appear in court, the property may be forfeited to cover the bond amount.
4. Personal Recognizance Bonds: A personal recognizance bond, also known as a PR bond or OR bond, allows the defendant to be released without posting any money or collateral. Instead, the defendant signs a written promise to appear in court and comply with any court-ordered conditions.

Setting Bonds in Oklahoma
The process of setting bonds for criminal cases in Oklahoma is typically determined by the judge. During an initial appearance or bail hearing, the judge considers several factors to determine the appropriate bond amount, if any, for the defendant. These factors may include:

1. Nature and severity of the offense: The seriousness of the crime, including whether it is a misdemeanor or felony, can influence the bond amount. More serious offenses may result in higher bond amounts.
2. Criminal history: The defendant's criminal history, including any prior convictions, arrests, or failures to appear in court, may be considered in setting the bond amount.
3. Flight risk: The likelihood that the defendant will flee and not appear in court is also a factor. If the judge determines that the defendant poses a flight risk, a higher bond amount may be set to ensure their appearance in court.
4. Community ties: The defendant's ties to the community, such as family, employment, and residency, may be considered. Strong community ties may be taken into account in setting a lower bond amount or granting a personal recognizance bond.
5. Public safety: The judge may consider the risk to public safety posed by the defendant's release. For example, if the defendant is charged with a violent crime, the judge may set a higher bond amount to protect the community.

It's important to note that the Eighth Amendment of the United States Constitution prohibits excessive bail, which means that the bond amount should not be set at an amount that is unreasonably high or oppressive. However, the judge has discretion to consider various factors in setting an appropriate bond amount that ensures the defendant's appearance in court and protects the interests of the community.