We have all heard stories about people being asked to pay their ticket right there in the trooper’s car, but it does not seem to have happened to anyone directly. Maybe that is because the highway patrol did not have card readers….until now. The Oklahoma Department of Public Safety has contracted with a business to allow troopers to transfer money from many types of pre-paid cards. Of course, this is not to pay your ticket, but is being done to as part of seizing assets thought to be used in drug trafficking.
There’s only one small problem. Here’s a hint:
The people from whom the money is taken haven not been convicted of a crime, have not pled guilty to a crime, heck, they may not ever be charged with a crime. Still, the trooper on the side of the road using his “training and experience” determined these funds are for nefarious purposes, and so the money is taken. No judge, no jury, no attorney, no due process, just one person’s belief.
When a person’s assets are seized, the person has the obligation to prove their own assets were legitimate. The State does not have to prove the money bought or paid for drugs. The state does not have to do anything really other than file some paperwork formalities. Only after the State files the forfeiture paperwork, are they required to inform the person they intend to keep the money they already took. Then, the citizen has the obligation to come to court and prove why they should get their money back.
Now, we have corporations getting up front fees, and ongoing royalties on money “collected” by the State. Oklahoma citizens are accustomed to royalty payments. We like our oil, gas, wind, and other natural resource royalty payments coming in the mail. However, paying a royalty to an out-of-state corporation who sells widgets to help steal from citizens should be pretty offensive to us.
Certainly, seizing funds associated with drug trafficking may help stem the flow of drugs, although it doesn’t seem to have slowed anything down. However, the incentive to fund an agency is so strong it often takes priority of citizens’ rights.
If you’ve had money taken in Enid, Fairview, Woodward, or anywhere else in Northwest Oklahoma, remember we are Enid lawyers, with offices in Fairview, and Laverne, that can help.
Hold on to your wallets,
Your Enid, OK Lawyers.
(Look how sneaky we are! That’s us, Ewbank, Hennigh & McVay, PLLC)
The team at Ewbank, Hennigh & McVay could not be more proud of our fellow partner, Andrew Ewbank, for winning the Journal Record’s Achievers Under 40 award! When we think of Andrew, we certainly think of his talent as a personal injury attorney and divorce lawyer. We also think how he fosters the utmost quality and character in his daily life. This is often demonstrated by his drive in helping build an incredible law practice here in Enid, Oklahoma as well as his desire to be better to those around him. You can see this from his past work of representing impoverished and abused children, his participation on numerous boards throughout his community, and his belief that people should always strive to learn and grow.
Congratulations, Andrew. You are incredibly deserving of this award!
Here is a link to full list of winners http://journalrecord.com/jr-achievers-under-40/
So, Draymond Green did not intend to hit Steven Adams? hmmm…We’re Thunder fans, so that makes us a little skeptical of his 107 second long explanation of what happened. http://www.sbnation.com/2016/5/23/11743938/draymond-green-kick-suspension-nuts-balls-steven-adams-thunder
The debate among NBA fans is whether this hit was accidental or intentional or accidentally intentional or intentionally accident or..never mind. You get the point. This debate happens every day in the practice of law. Every day, we work with people who are hurt and broken from car “accidents.” Are these really accidents, or has the insurance industry changed the way we talk? I don’t know for sure, but I know that one insurance commercial uses the term, “accident,” but the official form completed by investigating officers at the scene of a wreck is called the “Official Oklahoma Collision Report.”
Does the different word used mean anything to you? Does using one word over the other mean something different about the wreck/ We want to know what you think. Is one right and the other wrong? Do things sometimes just happen? Should Draymond Green be suspended? Comment on our Facebook page and we will give one random person this sweet little bluetooth speaker.
Your Enid personal injury attorneys.
That’s us! Ewbank, Hennigh & McVay, PLLC
Recently, Northwest Oklahoma has been plagued by numerous fires. The weather is warm, rain was in short supply, and the wind was really whipping. We’ve been blessed to have some nice spring rains, but the previous dry, windy conditions create a potentially devastating opportunity for horrific fires. We know that most of these fires did not just flare up on their own. In most of these fires, the team at Ewbank, Hennigh & McVay can trace the cause of the fire to the actions of one or more person or company. We are currently representing landowners with thousands of acres of land destroyed by fire. Here are some things you should know about these fires:
- Even if the fire started well away from your property, you may be able to recover from a negligent party.
- Your various insurance policies may provide insurance coverage of which you are not aware.
- The origin of a fire can be narrowed down with impressive ability to determine the actual cause, and who caused the fire.
- Pictures are worth a thousand words. Make sure to document your losses. This includes burned land, fences, livestock, homes, equipment, and other similar items. Pictures show the destruction, which is important to document the true amount of damage.
- Just because something did not catch fire does not mean it is not damaged. Intense smoke damage can just as destructive as the fire itself.
- Numerous different state and federal agencies work together to provide assistance for fire victims.
- If you have been evacuated or displaced because of the fire, your insurance may pay for increased living expenses.
We have clients with property damaged in the Harper County Fire, Anderson Creek Fire, Major County fires, Woods County fires, and Woodward County fires. If you or your family has any questions or concerns about these fires, contact us today. Call EHM at (580) 234-4334. Email us at email@example.com
On February 25th, Ewbank, Hennigh & McVay and Edward Jones teamed up with other area local businesses for their second annual charity basketball game.
The idea was to raise money ensuring that “at risk” and other youth within the Enid and surrounding communities have access to faith based programs at the Denny Price YMCA. This marked the Second Annual basketball game; however, this year “Knocker Ball” was incorporated into the mix just to add to the fun. With the assistance of local sponsors, including Todd Hamilton, Farmers Insurance, Pheasant Run Golf Club, Farm Credit of Enid, Holly Gannett Photography, Schieber Insurance, Edward Jones and Ewbank, Hennigh & McVay, raised nearly $5,000.00, to fund Back A Youth Scholarships. The teams presented an oversized check representing the funds to Ken Rapp, executive director of the Denny Price YMCA at the conclusion of the game. EHM remains committed to our communities; most importantly, to the future of our community’s youth.
Ewbank, Hennigh & McVay, PLLC is proud to recognize Dalen McVay as having been named an Honorary Commander at Vance Force Base.
Dalen is the second member of EHM to serve in this capacity, as Kaleb Hennigh has also had the distinction of serving in this role. We continuously strive to take an active part in community affairs, and it’s nice to be recognized from time to time for trying to better the community.
The Honorary Commanders Program is designed to provide key community partners a behind-the-scenes look at Vance. Dalen will be assigned to a squadron for a one year term and will have the opportunity to experience firsthand the various aspects of the mission at Vance Air Force Base through tours and events. Administration at Vance AFB believes that actively integrating community leaders into the Air Force family builds strong relationships vital to the successful partnership between base and community.
How not to parent – Let’s see how many bad decisions we can count!
DALLAS – A Dallas County jury found a father accused of theft for taking away his daughter’s cellphone as punishment not guilty on Tuesday.
Ronald Jackson, 36, was charged with theft of property of at least $50 but under $500, a Class B misdemeanor.
Dallas County criminal court Judge Lisa Green ordered the jury to find Jackson not guilty after ruling the state failed to present sufficient evidence to continue the case. – Hmmm, maybe prosecutors should focus on real crimes rather than assisting the execution of a bad parenting squabble?
Jackson said he took his 12-year-old daughter’s cellphone as punishment after finding inappropriate texts in September 2013. – Good on ya, Bro! Oh wait, probably should discuss it with the other parent (there are always 2).
A few hours later, officers from Grand Prairie police showed up at his front door, asking for the iPhone4 back. – at least in Enid, the response, rightfully so, would be, “yeah that’s a civil matter, please stop calling, and also stop making bad life choices.”
“At that point, I decided the police don’t interfere with my ability to parent my daughter,” Jackson said. – I actually agree with this one. Police shouldn’t have been involved. Still, the person who raised the child for the first seven years of her life should be able to “interfere” don’t ya think?
Michelle Steppe, the child’s mother, sees it differently.
“As a mom, I’m upset because — number one — the property belongs to me,” she said. – Ohhh, I see. This has nothing to do with your daughter and parenting choices, it’s about a piece of metal, glass, plastic thingy. Come on Frodo…(I’ve actually never seen that movie that character is in, Lord of the Rings? I was gonna google it, but figured it would be easier to disclaim the movie if my analogy is wrong.)
Steppe told jurors on Monday she called police the day her daughter lost the use of her phone for disciplinary reasons. – Because God forbid you talk to the man you made a baby with…
“You can’t take someone’s property, regardless if you’re a parent or not,” Steppe said. – Uhmm, yeah you can. It’s called being a parent. Please stop having kids. We don’t need the eventual self-centered entitled youngsters you are certain to raise with that kind of attitude.
Ronald Jackson and Michelle Steppe readily admit they are not a couple anymore. – Being a couple has nothing, NOTHING to do with being parents. Grow up.
Jackson said they were never married, but had a child together. – Which still makes you parents of this child…
Steppe said Jackson didn’t become a part of his daughter’s life until she was seven. – See why she’s angry at you, dude?
Three months after the phone incident, Jackson received a citation in the mail for theft of property less than $50 in value, a Class C misdemeanor. – 3 months? What possibly took this long to investigate. Oh yeah, it’s because some city attorney sat on it thinking, “I spend over a hundred thousand dollars on law school and undergrad, and this is what I do in a day….”
According to court documents, the city attorney’s office offered a plea deal in January 2014 if Jackson returned the phone – Wait, he still has the phone? Bad parenting choice number 1279349fnh36834033.
Jackson hired an attorney and requested a jury trial in municipal court.
Court filings indicate the city attorney’s office requested the case be dismissed that same month, and refiled with the Dallas County District Attorney’s office as a more stringent Class B misdemeanor, punishable by six months in jail and a $2,000 fine. – Hmmm, he hires a lawyer and asks for trial. To make certain we seek revenge and allow mom to use the city attorney’s office as her own vengeance department, we punish dad for requesting a constitutionally protected right? Unfortunately, this is how prosecutors often act. Take your penance or be subject to the wrath of the king!!!
Cameron Gray, a defense attorney representing Jackson, said a warrant was issued, and that his client was arrested at his home in the middle of the night in April 2015. – The middle of the night! Let me guess, no knock warrant because of exigent circumstances the perpetrator would dispose of the evidence, a phone worth more than $50, but less than $500. Holy crap police, can you try not to make people think you’re a clandestine secret gestapo? Why not call the dude, and say, “hey, there’s a warrant out. Can you meet us at the station to walk you through?” Or, call the lawyer and ask him to walk his client though. Instead, some sleepy eyed judge signed some piece of paper shoved in front of him in the middle of the night and authorized “DAY OR NIGHT” service of the warrant for the hardened criminal.
Jackson posted a cash bail of $1500 to get out of jail. – $1,500?? For an Iphone 4. I just checked ebay. Most Iphone 4’s are under $100. There are a couple “brand new in the box” for just under $200. In fact, they should’ve called me. I have an old one in really good condition he could’ve use to post bail.
During the two day trial Jackson’s daughter, now 15, took the stand and testified about her father taking her phone. – It took the State 2 days to get a verdict directed AGAINST them? See earlier note about prosecutor re-examining career choices. Oh yeah, I almost forgot. You made your daughter testify. No sarcasm here. You are bad people. I mean that in a very sincere and honest way. Adults who put their children in the middle of a squabble over a damn phone! It happens every day when your children are seen as property.
“It was the last thing as a mother I wanted my daughter to go through,” Steppe says. “I’m always here for my kids.” – No you’re not. What you fail to realize is you are exactly not there for your daughter when your zealous need for revenge makes her a pawn in your parade of horribles trying to ruin HER dad’s life and relationship with his daughter.
Steppe said she was confused by the verdict because she purchased the phone and maintained cell phone plans under her name. – Let’s see. Dad was charged with stealing the daughter’s phone, but mom testified it belonged to mom. I want to cuss at the prosecutor. Charged wrong. The whole case was, “you stole daughter’s phone.” Evidence shows, “not daughter’s phone.” Can’t steal something someone doesn’t own. “she was confused…” I bet that’s not the first time…
“Even if you purchase something with your own money and have a receipt, it’s not yours,” Steppe says. “Someone can take it from you.” – The horror.
Jackson says the ordeal has permanently ended any chances to have a relationship with his daughter. – Well, it was a good run. Actually two people’s parenting choices ended those chances. Your inability to commit to a woman with whom you procreated, your inability to talk with the other parent about disciplining your child, Mom placing revenge and property over her daughter’s well-being, and many other choices are what ended that relationship.
“I have to separate myself from them,” Jackson says. “I can’t ever have a relationship with them again.” – Chicken sh That’s because you’re not a real dad.
Gray says the case is not over. – Oh wait, you do get to have a relationship with them!! Just a completely broken, dysfunctional one.
He says he plans to file a federal complaint for civil rights violations for the way his client was treated by the Grand Prairie Police Department and the city attorney’s office. – Blah blah blah
Jackson still has the phone. – ErrMaGerd! I read through this whole thing thinking those people over 18 years of age had worked that deal out behind the scenes, but since the wheels of justice began rolling we couldn’t stop the train! You still have the phone! I bet your boss has a “How to Deal with Difficult 9 Year Olds Book” for dealing with you. Grow up.
Yes, I have added a lot of sarcasm. Hopefully, it highlights the absurdity of the choices these parents made, have made, make, are making, will make, and are going to make. Parenting choices are HARD, especially in a split situation. We advise clients to get counseling, learn how to parent through divorce, work with the other parent, and be REASONABLE AND RESPONSIBLE with the upbringing of your child. One more thing. This story is so weird that CLEARLY we are not getting the whole story. Sound Familiar. While we are having fun and making jokes, we do know that EVERY story like this has two sides, and the truth. Be careful what you repeat and believe about other people’s custody stories.
Please. Please. Please. Don’t pay us to help raise your child. Be good people and give your kids a healthy parent.
Credit – Dave Goins, WFAA. http://www.wfaa.com/story/news/crime/2016/01/26/dallas-dad-not-guilty-taking-tween-daughters-phone/79355512/. January 27, 2016
EHM has a strong belief in supporting our local schools. We give of our time, treasure and talent to help our schools open opportunities for all area kids. Take some time out of your day to educate yourself about the proposed bond issue. Hopefully, you’ll agree continued investment in our schools will continue Enid’s growth.
Here’s a link to the official bond issue page: http://www.enidpublicschools.org/bondissue
Educate yourself. Invest in our schools. Make Enid better.
Enid attorney Kaleb K. Hennigh took an oath Friday to serve a three-year term representing Supreme Court Judicial District 4 on the Oklahoma Bar Association’s Board of Governors. He was among nine attorneys sworn in to serve on the OBA’s 17-member board during a ceremony at the state Capitol.
Hennigh is a founding member of Ewbank, Hennigh & McVay PLLC, a regional law firm focusing on representing clients throughout northwest Oklahoma. He has developed a practice devoted to familial wealth preservation, bankruptcy and asset protection methods and effective small business planning.
He was born and raised near Laverne and considers northwest Oklahoma his home. He resides in Enid, and the firm of Ewbank, Hennigh & McVay PLLC currently maintains offices in Enid, Fairview and Laverne. He earned a Bachelor of Science in agricultural communications from OSU, a J.D. from the OU College of Law and an LL.M. in agricultural law from the University of Arkansas School of Law.
He previously served a one-year term on the OBA Board of Governors as the Oklahoma Young Lawyers Division chairman for 2014.
OBA leadership roles are voluntary positions in which lawyers serve while continuing to practice law. The board meets monthly and governs the association.
PHOTO ABOVE: Kaleb Hennigh and his 2 sons.
Hennigh has been featured on The LL.M Program in Agricultural & Food Law as well as Enid News.
It is the start of a new legislative session in Oklahoma. Currently, the state is facing a $900 million budget shortfall, and an education funding fiasco. Many new bills, proposals and pet projects are being filed at the state capital by our legislators. Despite real problems facing the State, Representative Kevin Calvey is digging up bones of his previous idols, and putting them back into the stream of legislation.
Representative Calvey is cross-bearer for dismantling the Oklahoma Appellate Court system, and throwing it into the pig pen that is our state political system. Despite repeated failures, Calvey has introduced reclaimed legislation to politicize the appointment of appellate judges in Oklahoma.
I remember when he was first running for the legislature, and thinking here is a citizen-soldier with a solid conservative foundation. Surely many people hoped this average Oklahoman would add another notch in the “non-politician serving our state” belt. We hoped the two party political cyst growing in Oklahoma would remain benign in him so he could be a voice for Oklahomans, not a self-serving fight promoter. Instead, it appears the cyst is cancerous. His “solutions” are for problems that don’t exist. The cancer has metastasized and overtaken his political body.
William A. Berry (Retired Chief Justice of the Oklahoma Supreme Court) gave an exploratory surgery for the cancer of political corruption once consuming the Oklahoma Supreme Court in his book, “Justice for Sale.” The very reason Oklahoma has a Judicial Nominating Commission is because of political corruption. The system created in response to the court scandal is a team effort between citizens, attorneys, and the governor to appoint non-political judges and justices to our appellate courts. Notice who did not make the team; legislators. You know, the group that can’t seem to fund education, can’t stick to a budget, can’t figure out carpet is cheaper than new custom-made marble floors, … Some of our legislators cannot handle not being able to define what a judge is, or not be able to appoint their friends. Maybe they just need some positive affirmation and think stacking the Courts will actually increase the chances of their legislation being found constitutional?
I hope my cancer analogy does not offend those stuck in that battle. This is only politics, not life. Still, am I wrong to think most Oklahomans are so tired of the school yard games, we feel like some cancer has taken over the minds of our elected officials?
Our JNC allows the judicial branch to stay out of the political playground. The system keeps our judiciary independent from both Republicans and Democrats. Calvey’s proposal would give a partisan governor the chance to appoint cronies, a partisan legislature the opportunity to define the qualifications for judges, and would put all appellate judges in Oklahoma on the campaign trail instead of the trail for justice.