Frequently Asked Questions

A misdemeanor conviction in Oklahoma still produces a criminal record, and that record shows up on background checks for jobs, housing, and professional licenses for years afterward. The fine is rarely the expensive part. Talking to a lawyer before you enter a plea costs you nothing but a phone call, and it is the point at which your options are widest.

You describe the situation, the firm asks questions to understand the posture of the case, and you get a straight answer about what the process looks like and what the firm can do. Keep the first contact general until a conflict check is complete. No attorney-client relationship exists until it is established in writing.

Whatever you have. For a criminal matter: the citation or charging document, bond paperwork, and your next court date. For a family matter: anything you have been served with, plus recent pay records and tax returns. For an injury claim: the collision report, the name of the insurer that has contacted you, and any medical records you already hold. If you have nothing, come anyway. The firm can pull most court records.

Communications with an attorney for the purpose of seeking legal advice are generally privileged, and that protection can attach to an initial consultation. It is not absolute, and it does not cover information shared in front of third parties or communications made to further a crime. Keep your first contact through this website general, and save the specifics for a direct conversation after a conflict check.

Call now rather than waiting. A lawyer brought in before a hearing has options that are harder or impossible to recover afterward, and some deadlines in Oklahoma practice cannot be extended once they pass.

In almost every context, the situation gets worse rather than staying still. A missed criminal court date produces a bench warrant. An unanswered civil petition produces a default judgment against you. An unanswered divorce petition lets the other side propose terms unopposed. A missed license hearing deadline after a DUI arrest costs you the license regardless of the criminal outcome. An injury claim quietly expires at two years. Doing nothing is a decision, and it is usually the most expensive one available.

It depends on the matter. Criminal defense and family law matters are commonly handled on a flat or hourly basis depending on complexity, while personal injury cases are typically handled on a contingency fee, meaning the fee comes out of a recovery rather than out of pocket. The firm will explain the fee structure that applies to your case in writing before you hire it.

It depends on the matter. Criminal and family cases are commonly handled on a flat or hourly basis, and arrangements can sometimes be structured. Injury cases are handled on contingency, so there is nothing to pay up front. Whatever applies to your case is put in writing before work begins, so there are no surprises about scope or cost.

If you are charged with a crime and cannot afford counsel, you have a constitutional right to appointed representation. Ask the court at your first appearance. For civil matters, Legal Aid Services of Oklahoma assists low-income Oklahomans, and the Oklahoma Bar Association operates a referral service. Foundation Law will point you toward those rather than take a case you cannot afford.

In Eastern Oklahoma it matters a great deal. Following the Supreme Court decision in McGirt v. Oklahoma, a large portion of this region is within reservation boundaries, and whether a case belongs in state district court, tribal court, or federal court can depend on where the conduct occurred and the tribal status of the people involved. Different courts mean different procedures, different sentencing exposure, and different timelines. Foundation Law is admitted in all three systems.

Yes. Wesley J. Cherry is admitted in the district courts of the Chickasaw, Cherokee, Choctaw, and Muscogee (Creek) Nations, as well as in Oklahoma state courts, three Oklahoma federal districts, the Western District of Texas, and the Tenth Circuit. In this part of the state a case can move between those systems, and being admitted in all of them means your matter does not have to change hands when it does.

Yes. The firm regularly appears in Pittsburg, Sequoyah, McIntosh, Latimer, Bryan, Atoka, Haskell, Pushmataha, and Muskogee Counties, and in tribal and federal courts across the region.

Yes, within reason. The firm regularly appears across Pittsburg, Sequoyah, McIntosh, Latimer, Bryan, Atoka, Haskell, Pushmataha, and Muskogee Counties, and in Le Flore County. If a matter is far enough away that another attorney would serve you better, you will be told that directly.

A simple misdemeanor may resolve in a few court settings over several months. A contested felony, a contested custody case, or a civil suit can run a year or longer. Anyone who gives you a firm date at the first meeting is guessing. What the firm can do is tell you the next three steps and roughly when each one happens.

Usually at least once, though many matters resolve without a trial. Criminal cases involve multiple settings even when they end in an agreement. Family cases typically involve a temporary order hearing and a final hearing. Civil cases often resolve at mediation. The firm will tell you which appearances actually require you and which do not, because taking a day off work for a hearing you did not need to attend is a real cost.

Get medical attention, even if you feel fine, because some injuries present late and an untreated gap in the record becomes an argument later. Report the collision, photograph the scene and vehicles if you are able, and get the other driver insurance information. Be careful about giving a recorded statement to the other driver insurer before you have talked to a lawyer.

Oklahoma law allows certain arrests and convictions to be expunged, which removes them from public criminal history records. Eligibility depends on the offense, how it was resolved, how much time has passed, and what else is on your record. See the expungement page for how eligibility is determined.

The Indian Child Welfare Act sets federal requirements for custody, adoption, and deprived-child proceedings involving a child who is a member of, or eligible for membership in, a federally recognized tribe. It changes notice requirements, placement preferences, and the standard of proof. In Eastern Oklahoma it applies more often than people expect, and getting it wrong can undo a case years later.