Tulsa Attorney Blog
What to Do If You're Running Late to Court: Essential Tips!
Running late to court can be stressful, but there are steps you can take to mitigate the situation. Carl Birkhead, an attorney with Wirth Law Office in Tulsa, shares essential advice for when life throws you a curveball. First, if you anticipate being late, promptly inform your attorney’s office or the court clerk. This communication allows your lawyer to update the judge, potentially preventing a warrant for your arrest. Courts may take a warrant under advisement if you've shown reliability in the past. Consistent communication is key. For more guidance on navigating court proceedings, reach out to Wirth Law Office. Read more »Navigating Tulsa County Courts: Tips for Family & Criminal Cases
Navigating the Tulsa County court system can be confusing, especially with varying courtroom locations for family and criminal cases. I'm Carl Birkhead, an attorney with Wirth Law Office, and I'm here to help guide you through this process. Whether you're dealing with family law on the sixth floor or criminal cases shifting between rooms, staying informed is crucial. Always check OSCN for courtroom updates and maintain communication with your attorney. Remember, being in the right place prevents unnecessary complications. If you have any questions, don't hesitate to reach out. Let's make law easy together. Read more »Probation Violations: Key Legal Insights and How to Handle Them
Are you on probation and worried about potential violations? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, here to simplify the legal process for you. When facing probation violations, you may encounter two key motions: an application to accelerate and a motion to revoke. Understanding these can be crucial. An application to accelerate affects those on deferred sentences, potentially leading to a guilty conviction. A motion to revoke pertains to suspended sentences and could result in jail time. It's vital to adhere to probation rules to avoid these situations. If issues arise, contact us for guidance. Read more »Master Courtroom Etiquette: Top 5 Tips for a Successful Hearing
Are you going to court and unsure how to act? I'm Carl Birkhead, an attorney with Wirth Law Office, here to guide you through my top five courtroom tips. First, dress appropriately—think Easter Sunday attire. Second, keep your cell phone off to avoid disruptions. Third, always address the judge as your honor to show respect. Fourth, don't speak unless spoken to, even if representing yourself. Lastly, be punctual to respect the court's time. Respect is key in all interactions. If you need guidance or reassurance, feel free to reach out. I'm here to help make law easy for you. Read more »Probation Pitfalls: How to Avoid Violations and Legal Trouble
Are you on probation and unsure about the consequences of not following the rules? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, specializing in family and criminal law. Many people overlook the conditions of probation, focusing only on avoiding jail time. However, adhering to probation requirements is crucial. Failing to comply can lead to warrants being issued for violations. I recently helped a client who faced multiple violations by proactively addressing the issue. It's essential to fully understand what you're agreeing to when accepting probation. If you're uncertain or have questions, contact me for guidance. Read more »Oklahoma Toughens Revenge Porn Laws with New House Bill 3639
Oklahoma has recently strengthened its revenge porn laws with House Bill 3639, effective November 1, 2024. This legislation simplifies the process of proving such cases by reducing evidentiary requirements. Notably, the need to prove the victim's age and intent to harass has been removed. Prosecutors no longer need to demonstrate that the person in the image is identifiable or that there was an intent to harass. Additionally, the bill enhances penalties, turning cases involving three or more images within six months into felonies, carrying up to 10 years in prison. If you're affected by these changes, consulting a legal expert is advisable. Read more »Do I Need to Share Tax Returns in an Oklahoma Divorce Case?
In Oklahoma divorces, whether you need to provide your tax returns to your ex can depend on several factors. Discovery rules in civil litigation allow parties to request relevant documents, including tax returns, if issues like child or spousal support are involved. Local rules may also mandate sharing certain financial documents at the outset of a case. Furthermore, annually, parties can request tax information under Title 43, Section 118.3. If such requests are ignored, courts might impose penalties. To navigate these requirements and protect sensitive information, consulting with a knowledgeable attorney is advisable. For guidance, visit MakeLawEasy.com. Read more »Overcoming Joint Custody Challenges: Tulsa Attorney's Advice
Navigating joint custody can be challenging, especially when one parent uses it to control decisions related to the children. As a Tulsa attorney, I often encounter situations where joint custody isn't working because one parent refuses to approve important matters like mental health and dental care for the kids. If communication breaks down and compromises can't be reached, it may be time to consider terminating joint custody. This involves demonstrating a change in circumstances to the court. Alternatively, appointing a parenting coordinator might offer a faster, cost-effective solution. For personalized guidance, visit makelaweasy.com to consult with our legal team. Read more »Navigating Pre-Court Orders: Tips for Family Law Cases
If you find yourself in an Oklahoma family law case where a judge is issuing orders before your scheduled court date, it can be confusing and concerning. It’s crucial to understand that not all motions require a hearing to be decided. Oklahoma statutes allow some motions to be granted or denied without a hearing, especially in busy courts. Temporary orders, common in family law cases, often don’t require full hearings and aren’t easily appealed. If you're unsure of your next steps or feel your rights are compromised, consulting an experienced attorney can provide clarity and strategy for your specific situation. Read more »How to Select the Best Criminal Defense Attorney in Tulsa
Looking for a criminal defense attorney in Tulsa? Consider who other lawyers would hire. I'm Tulsa Attorney James Wirth, and I've had the privilege of representing colleagues facing criminal charges. Twice, practicing attorneys have trusted me with their defense, achieving results with no convictions or records. While each case is unique, this trust from fellow lawyers speaks volumes. When choosing a defense attorney, opt for someone respected by peers in the legal field. If you're facing legal challenges, reach out to my office for a consultation. Visit MakeLawEasy.com or call us to schedule an appointment. Let us help you navigate your legal situation. Read more »Oklahoma Service by Publication: Timeline, Costs & Legal Steps
In Oklahoma, service by publication is a method used when traditional means of serving a lawsuit, like via a process server or certified mail, are unsuccessful. As outlined in Title 12, Section 2004(C)(3), service by publication must appear in a legally approved newspaper in the relevant county once a week for three consecutive weeks. The process typically takes a minimum of 41 days from the first publication date. Costs vary by newspaper, generally ranging from $60 to $120. For detailed guidance or legal advice, consulting a qualified attorney is recommended. Visit MakeLawEasy.com to schedule a consultation. Read more »Exploring Costs: Default Divorce Process in Oklahoma Explained
If you're considering filing a default divorce in Oklahoma, understanding the costs involved is crucial. A default divorce occurs when one party doesn't respond to the divorce petition, allowing the court to grant the divorce based on the filing party's requests. Filing fees typically start at $270, but representation costs can vary. At Wirth Law Office, we use evergreen retainers, requiring an upfront payment, often between $3,500 and $5,000, billed hourly. If the divorce proceeds without complications, remaining funds are refunded. For personalized advice on your divorce case, visit MakeLawEasy.com to schedule a consultation. Read more »Default Judgment Steps When Ignored: Oklahoma Legal Insights
Dealing with a non-responsive defendant in Oklahoma can be challenging, but the law offers solutions. When traditional service methods like process servers, the sheriff's office, or certified mail fail, you can seek court permission for service by publication. Once served, defendants typically have 20 days to respond, or 41 days from the first publication date. Failure to respond places them in default, allowing you to request a default judgment. While some judges may sign off on this directly, others might require a motion or hearing. It's crucial to consult with an attorney to navigate these processes effectively. Visit makelaweasy.com for legal assistance. Read more »Navigating DHS Investigations: What You Need to Know
Are you being investigated by DHS and feeling anxious about what comes next? I'm Carl Birkhead, an attorney with Wirth Law Office, here to guide you through the process. When DHS investigates, it can be intimidating, but it's important to know they often try to work with families before resorting to removal. Depending on the situation, they offer home-based services and assistance to address concerns without taking children into state custody. Misunderstandings abound, but having an attorney early can help negotiate and alleviate issues. If you're facing a DHS investigation, reach out to us for support and legal guidance. Read more »Master Traffic Citations: Legal Tips for Speedy Resolutions
Do you have a traffic citation and aren't sure what to do next? My name is Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, and I'm here to help simplify the legal process for you. Navigating the municipal court system can be time-consuming, with large dockets that often move slowly. After hiring our office, we'll guide you through the process, including getting added to the docket and exploring options for dismissal or plea negotiations. Whether you need assistance with a traffic ticket or more complex issues, feel free to reach out. Let me help you make law easy. Read more »How to Change Your Lawyer: Tips from an Experienced Attorney
Are you dissatisfied with your legal representation and considering a change? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, practicing for about seven years. Let me guide you on when and how to change your attorney. Recently, I witnessed situations in court where individuals chose to represent themselves, often with unfavorable outcomes. It's crucial to handle such transitions wisely. If you're unhappy with your current attorney, communicate your decision in advance and ensure you have new representation ready. Representing yourself can be risky and complex. For guidance, feel free to contact us at Wirth Law Office. Read more »Stay Silent: Essential Courtroom Behavior Guidelines
Are you navigating a criminal investigation and unsure how to conduct yourself in court? I'm Carl Birkhead, an attorney at Wirth Law Office with seven years of experience in family and criminal law. One key tip I offer clients is to exercise your right to remain silent. It seems simple but is often overlooked. Whether you're preparing for a preliminary hearing, a motion hearing, or a jury trial, refrain from talking openly—even with your lawyer—during these times. The courtroom is not confidential, and anything said can be overheard. For guidance on your upcoming hearing, contact me at Wirth Law Office. Read more »Navigating Court-Appointed Attorneys: What You Need to Know
Navigating the legal system can be overwhelming, especially when it comes to determining if you qualify for a court-appointed lawyer. As an experienced attorney at Wirth Law Office in Tulsa, Oklahoma, I have seen firsthand the complexities of this process. Many people mistakenly believe they can automatically receive a free attorney for any case, but the truth is, there are specific criteria that must be met. From adoptions to criminal cases, the rules can vary. If you have been denied a public defender but still need legal representation, don't hesitate to reach out. Let's work together to make law easy for you. Contact me, Carl Birkhead, for assistance today. Read more »Key Custody Considerations for Same-Sex Couples
Are you looking to terminate a same-sex marriage and you're wondering how that will impact child custody and visitation? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma is here to help make the law easy for you. In a recent blog post, Carl discusses how being in a same-sex relationship may not impact child custody and visitation as much as some may think. The most important factor in any custody case is always the best interest of the child, regardless of the parents' sexual orientation. If you're facing a custody battle and are concerned about how your sexual identity may play a role, don't hesitate to reach out to Carl for guidance. Making the law easy is his priority. Read more »Child Relocation Laws in Oklahoma: Legal Process Defined
Are you facing a situation where you need to relocate with your child? Carl Birkhead, a family attorney in Tulsa, Oklahoma, is here to help. Relocation with a child involves specific legal requirements and considerations, especially if the move is more than 75 miles away. The court will want to ensure the move is in good faith and in the child's best interests. Noncustodial parents have the opportunity to object to the relocation and present their case in court. If you're considering relocating with your child, contact Carl Birkhead at Wirth Law Office for guidance on navigating the legal process. Let us help you make law easy. Read more »Understanding Contested and Uncontested Divorce: A Comparison
Are you facing a divorce and unsure of the difference between a contested and uncontested divorce? As an attorney with Wirth Law Office, I can help clarify the pros and cons of each. In a contested divorce, you're fighting it out in court, which can lead to a lengthy and expensive process. On the other hand, an uncontested divorce means both parties agree on the terms, making it quicker and more cost-effective. As someone who has been through a divorce myself, I understand the importance of peace in such a difficult time. Let's work together to make your divorce as smooth as possible. Contact me today to discuss your options. Read more »Crucial Factors in Child Support Calculation Explained Simply
Do you have questions about child support calculation? My name is Carl Birkhead. I'm an attorney with Wirth Law Office in Tulsa, Oklahoma. I want to help you make law easy by taking a couple of minutes to just explain how child support is calculated and what factors go into it. Child support is a huge part of every custody case that I have, whether it's a divorce or a custody case where marriage wasn't involved. Eventually and inevitably, someone wants to see what the dollars and cents look like. There are a few factors that go into child support. The big one is what's your monthly income. The way the law is written is they want to see what your gross monthly income is, your income before taxes. If it's going to take your income, it's going to take your co-parent's income, your ex-partner, however, you want to describe it, or the other side's income information. There's just an Excel spreadsheet that we plug these numbers into. The most common things that affect a child support calculation are monthly income before tax. Do you have any other kids in the home that aren't covered by this? What that means is do you have any stepkids? Do you have any natural-born kids that aren't part of this situation? Hypothetically speaking, the dad has to pay child support for two kids that he has with Mom A, but he lives with Mom B, and they have three kids together, whether they had kids together or Mom B brought some stepkids into the situation. Those kids living in Dad's home, he's still supporting them, and so having that number in there will affect the child support amount because he gets a credit for it. Another big factor is how many nights the children stay in one home or the other. If you're a non-custodial parent but you have the children for more than 120 nights out of the year, you're entitled to credit for child support, so the amount will go down. The other things that come into it most often are health insurance premiums. Who's covering medical, vision, and dental for the kids? If the non-custodial parent is doing that, they will get a credit. If the custodial parent is carrying that, they will get a credit as well, and a portion of child support will be increased to cover what the non-custodial parent should be paying for that care. Same with daycare. If the non-custodial parent or the NCP is paying for daycare, they'll get a credit, or if the custodial parent is paying for it, then child support will be raised by a certain percentage so that it covers a percentage of that daycare cost. The last thing that I see is if the children are on state assistance, there might be an extra payment that gets calculated to go back to the state to pay the state back for those benefits. It sounds complicated. It's a lot more simple than it sounds because, like I said, it's an Excel spreadsheet. We plug in the numbers, and it just kind of gives us an amount. It's the most immutable part of custody cases because it's just math, and the math is what it is. If you have questions about your child support calculation or you're thinking that you might want to take out a child support case, please give us a call. My name is Carl Birkhead, and I want to help you to make law easy. Thank you. Read more »Maximizing Benefits of Custody Battle Mediation: Expert Advice
Are you in the middle of a custody battle and wondering if mediation can help? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma, shares his thoughts on the benefits of mediation. With seven years of experience in family law, Carl believes in taking control of the situation and working towards a settlement rather than leaving it up to a judge. Not only is mediation a more cost-effective option, but it also allows for a more satisfying outcome as you have a say in the resolution. If you're considering mediation for your case, don't hesitate to reach out to Carl for guidance. Read more »Co-Parenting Success: Tips from a Legal Professional
Are you struggling to co-parent with your ex-partner? Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, has some valuable tips for navigating a custody dispute. As someone who practices co-parenting both professionally and personally, Carl emphasizes the importance of respect in all interactions with your co-parent. From maintaining open lines of communication to setting boundaries and prioritizing the well-being of your children, Carl's advice is practical and actionable. If you're facing challenges in your co-parenting relationship, seeking guidance from a legal professional like Carl can help you protect your rights and create a more harmonious co-parenting arrangement. Read more »Evaluating Child Custody: Impact of Criminal Record
Are you curious about whether or not having a criminal record will negatively affect your chances in a child custody situation? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma, shares his expertise on how the criminal side intersects with family law. Having a past doesn't define you, and it doesn't automatically make you unfit for custody. Carl discusses the importance of the charges, how long ago they occurred, and how you've worked to better yourself since then. If you're concerned about your criminal record impacting your parental rights, don't hesitate to reach out for guidance. Let Carl and his team help you navigate the legal process with ease. Read more »
