Tulsa Attorney Blog
Oklahoma DUI Guide: Avoid Mistakes
Navigating DUI charges in Oklahoma can be daunting, but understanding the basics is crucial. Oklahoma law prohibits having control or physical use of a vehicle under the influence of drugs or alcohol. Planning ahead is the best preventive measure, as legal defenses can be costly. In the event of a DUI arrest, compliance with law enforcement is essential. Refusing sobriety tests might complicate the situation further, and consequences can include license suspension and mandatory programs. While legal assistance offers some solace, avoiding driving under the influence remains the most effective solution to sidestep these challenges. Read more »Oklahoma Law: 7 Types of Fathers
Oklahoma family law identifies seven distinct categories of fathers, each carrying unique legal implications. Delving into these distinctions reveals crucial information about parental rights and responsibilities. An adjudicated father is determined through a court proceeding, while a presumed father is automatically recognized under specific conditions, like marriage. An acknowledged father signs a formal acknowledgment, and a putative father seeks recognition. Biological fathers are genetically linked, but lack certain rights without legal validation. Legal fathers gain recognition through adoption, acknowledgment, or court order, and adopted fathers are formally recognized post-adoption. These distinctions play vital roles in paternity, custody, and support cases. Read more »Know Your Firearm Restrictions
Many people mistakenly believe that having a concealed or open carry license allows them to take their firearms anywhere, but there are numerous restrictions to be aware of. Key areas off-limits include government buildings such as city offices and courthouses, as well as casinos and sports venues, unless explicit permission is granted by the property owner. These prohibitions often extend beyond the buildings to surrounding structures and parking lots, making it easy to inadvertently violate the law. While the Second Amendment does protect the right to bear arms, understanding and adhering to these restrictions is vital to avoid legal issues. Read more »Can You Be Charged With Obstruction
The law is clear: intentionally delaying or obstructing a public officer in their duties constitutes a misdemeanor. However, recording law enforcement in public is permissible, provided it doesn’t hinder their work. This means individuals must avoid interfering with officers during duties like traffic stops. Actions such as being uncooperative, refusing to provide identification, or resisting sobriety tests might lead to obstruction charges. It's crucial to maintain respect, setting aside personal or political views temporarily. Cooperation is essential, but individuals should still protect their rights against self-incrimination or illegal searches. Disrespect can result in legal consequences, emphasizing the need for common sense and respect. Read more »Emergency Vehicle Safety Tips
When driving and spotting emergency vehicles with flashing lights, moving to the side of the road is crucial to allow them quick passage. This common directive from driver's education is not just courteous but a legal requirement. However, encountering an accident scene with emergency vehicles already present requires more than just pulling over; it demands slowing down and carefully following traffic instructions. Failing to yield or reduce speed can lead to charges under Title 47. Accidents bring chaos, with emergency personnel and confused drivers creating a risky environment. Vigilance and respect for emergency vehicles ensure safety for all involved. Read more »Assault & Battery Charges
Assault and battery with a dangerous weapon encompasses any instance where an individual uses a sharp or dangerous object to inflict harm. The law includes firearms, air guns, conductive energy weapons, and even everyday items like frying pans, golf clubs, baseball bats, or kitchen knives. Interestingly, using a vehicle as a weapon, such as attempting to run someone over, also falls under this category. This charge often surprises people but can carry serious consequences. Intent plays a significant role, as reckless or negligent actions, like driving under the influence, can still lead to charges of assault and battery with a dangerous weapon. Read more »Presenting Your Defense Effectively
In a recent court observation, an individual faced a common pitfall that serves as a crucial lesson: when instructed by a judge to remain silent, it is imperative to comply. The situation involved minor charges and an attempt at self-defense, which backfired due to timing and content. The defendant admitted to being in the street, inadvertently strengthening the case against him, despite the judge’s prior warning to withhold defense statements at that stage. This underscores the importance of legal guidance; a lawyer can strategically navigate case presentation, ensuring defenses are articulated at the appropriate juncture to avoid detrimental consequences. Read more »Restoring Parental Rights
Many parents mistakenly think they've permanently lost their rights after signing over custody, but that’s not always true. If custody or visitation was agreed upon, parental rights likely remain intact, allowing for the possibility of petitioning for increased involvement in the child's life. While improved personal circumstances alone won't prompt courts to adjust custody, significant changes that enable parental participation could be considered. However, if parental rights were legally terminated for an adoption, reversing this decision is considerably more challenging and usually necessitates evidence of fraud or mistake. Reestablishing rights or regaining time with a child requires careful legal navigation. Read more »When To Modify Custody
When considering returning to court to modify a custody arrangement, the key is evidence of a material and substantial change that adversely affects the child. It isn’t sufficient to simply improve one's own circumstances. Consistently document any interference with visitation, disrupted phone calls, or actions undermining your parenting role, as small issues can accumulate. Keeping detailed records is crucial, and presenting them to your attorney can strengthen your case. The decision to act in court should be based on the robustness of your evidence, making careful documentation and patience essential steps in the legal process. Read more »Mastering Co-Parent Challenges
Navigating the complexities of co-parenting can be challenging, especially when faced with a difficult co-parent. Effective communication often becomes a struggle, leaving individuals frustrated and entangled in unnecessary legal disputes. To manage this situation, it is crucial to adhere strictly to court orders. Ensuring punctuality in scheduled communications, staying consistent with visitation exchanges, and making timely child support payments can prevent unnecessary conflicts. While no one is flawless, maintaining a disciplined approach minimizes the other party's leverage. Although it is impossible to change the nature of a co-parent, strategic navigation can lead to more favorable outcomes in challenging custody dynamics. Read more »Pretrial Conference Key Tips
A pretrial conference is the final hearing before a trial, particularly in family cases such as divorce, custody, or adoption. This crucial meeting involves exchanging witness lists and exhibits with the opposing side, and in some courts, presenting a complete trial binder. It's essential for all parties—lawyers and clients alike—to attend, as absence may result in a default judgment. Proper preparation is key; aligning with your lawyer beforehand ensures that your evidence, witnesses, and strategy are clear and agreed upon. This stage sets the foundation for the trial, emphasizing the importance of readiness and communication. Read more »Small Claims Court Made Simple
Small claims court is designed for resolving financial disputes under $10,000, including cases like property damage and minor contract issues. When the amount involved exceeds this limit, the matter is escalated to district court. Small claims are usually resolved quickly, often within one or two hearings, making them an efficient alternative to prolonged civil lawsuits. While many individuals choose to represent themselves, hiring a lawyer can be crucial, particularly for complex contract disputes. The decision to hire legal help should weigh the cost against the potential benefit, as attorney fees can range from $300 to $400 an hour. Read more »Defamation: Protect Your Reputation
Defamation is a legal issue encompassing slander (spoken statements) and libel (written statements), centered on false claims made to damage someone's reputation. The crux of defamation lies in the falsehood of the statement—truthful statements cannot be deemed defamatory. For instance, if Jimmy Johnson's history of domestic violence is documented, calling him Wife-Beater Johnson isn't defamation, as it's true and verifiable. Conversely, baseless rumors, like calling a child a bedwetter without truth, could constitute defamation. Beyond hurt feelings, proving defamation requires demonstrating actual damages, such as lost clients or threats, which signify the tangible impact of false statements. Read more »Understand Continuances In Your Case
Case continuances can be a blessing or a curse, and countless reasons might push your court date back. The type of hearing matters; final trials or dispositive hearings are rarely rescheduled without serious reasons like a family emergency. Minor issues, such as car trouble, may not suffice and could lead to a judgment against you or a warrant. For routine hearings, continuances are often part of the process, especially in misdemeanor cases in Tulsa County, where multiple hearings are typical. In family law cases, delays might result from attorney scheduling conflicts or settlement discussions, usually not a cause for concern. Read more »Mastering Depositions for Success
Depositions play a pivotal role in both criminal and civil cases, such as divorce and child custody disputes. They are akin to a mini-testimony, conducted without a judge or jury but with a court reporter and both attorneys present. Individuals are under oath, and dishonesty can lead to perjury charges. Depositions allow attorneys to gauge how witnesses may perform at trial and help solidify testimonies, which can be crucial if discrepancies arise between deposition and courtroom statements. Furthermore, deposition testimony can sometimes be used at trial if a witness is unavailable. Despite their cost, depositions are invaluable legal tools that can significantly influence a case's outcome. Read more »Controlled Dangerous Substances
Understanding the distinction between possession and trafficking charges for controlled dangerous substances (CDS) is crucial. The difference often hinges on three factors: quantity, paraphernalia, and statements made to authorities. Quantity addresses whether the amount is for personal use or distribution. Paraphernalia such as scales or baggies can imply intent to sell. Statements made to law enforcement can escalate charges from simple possession to trafficking. Exercising the right to remain silent is essential, as even innocent explanations can complicate legal situations. Navigating these complexities requires expertise to ensure the best possible legal outcomes. Read more »When Can Police Search Your Car?
When can the cops search your car without a warrant? The legal principle is clear: you do not have to permit police to search your car. Without a warrant, you are within your rights to refuse a search request. An attorney would advise against consenting, as refusal is legally sound and doesn't lead to immediate consequences. If denied, officers might call a K-9 unit, but without a warrant or visible cause, they can't search. The plain view doctrine allows searches based on visible evidence. Knowing these rights is crucial, as unexpected discoveries could complicate situations during a search. Read more »Job Hunting With Criminal Record
Navigating employment opportunities with a criminal record can be daunting, but there are strategies to improve employability. Individuals facing unresolved criminal proceedings might benefit from negotiating a deferred sentence to avoid a conviction. This arrangement allows them to truthfully state they have not been convicted, despite being on probation. For those with existing convictions, job prospects vary by offense type and industry. Expungement offers another avenue, potentially erasing certain convictions from records after completing sentences. While serious crimes might not qualify, many offenses can be expunged, removing them from background checks and easing the path to secure employment. Read more »Courtroom Dos & Don'ts
Navigating the courtroom can be daunting, but understanding basic etiquette can make the experience smoother. In a transcribed video, a Tulsa criminal attorney, Carl Birkhead, breaks down courtroom behavior with insights from his young son, Jackson. Key takeaways include dressing in clean, presentable clothing and maintaining a respectful demeanor. Jackson emphasizes being quiet and addressing the judge as “Your Honor” to show respect. Avoid distractions like loud devices, and wait patiently for your turn to speak. According to Jackson, staying calm and respectful is essential, and even a six-year-old can grasp these fundamentals, so there's no need to feel intimidated. Read more »Traffic Stop Survival Guide
Getting pulled over is never a good feeling. Those flashing red and blue lights can make anyone's heart race. It's natural to feel nervous or frustrated, but it's important to stay calm and composed. Traffic stops can occur for a variety of reasons, from a broken taillight to speeding or even a minor obstruction in your view. In these situations, you're caught in a tricky spot—you're not under arrest, yet you're not free to go. The key is to watch your words and remain polite, regardless of the officer's demeanor. Have your license and insurance ready, and be aware of your rights. Read more »Plea Deals & Probation
In facing criminal charges, the foremost concern for many is avoiding jail time. Fortunately, there are various ways to circumvent incarceration without incurring the hefty expenses of a jury trial. One approach is a deferred sentence, where a guilty or no contest plea leads to probation instead of immediate conviction. Successful completion of probation can result in case dismissal and expungement. Alternatively, a suspended sentence involves an immediate conviction but replaces jail time with probation. Lastly, a blind plea might be considered, where sentencing is left to the judge's discretion, often yielding unexpectedly favorable outcomes. Read more »Surviving DUI Checkpoints
Approaching a DUI checkpoint can be daunting, but preparation is key. To avoid trouble, ensure you have a designated driver or alternative transportation if you plan to drink. At the checkpoint, keep your license and insurance readily accessible to avoid any last-minute scrambling. Politeness and cooperation are crucial, but remember not to divulge unnecessary details. Simple responses about your destination are sufficient, and it's important never to admit to drinking. Should questioning intensify, assert your Fifth Amendment right to remain silent. These strategies may not completely prevent an arrest but can significantly aid your defense if needed. Read more »Perjury 101: Lying Under Oath
Perjury, let's talk about it, pun intended. Perjury involves knowingly lying under oath, whether in court testimony, depositions, affidavits, or any notarized document where the truth is sworn. The penalties for committing perjury in Oklahoma are significant. If perjury occurs during a felony trial, the prison sentence can range from 2 to 20 years. For any other court proceedings, the sentence is 1 to 10 years, and in cases involving affidavits or depositions, the sentence can be up to 5 years. The advice is simple: do not lie under oath, as it's not worth the risk. Read more »Aggravated Assault: Know The Risks
Aggravated assault and battery occur when an attack results in serious injuries, such as broken bones, internal damage, permanent disfigurement, or brain trauma—anything necessitating hospitalization or causing lasting harm. The law also considers it aggravated if the victim is elderly or mentally incapacitated, regardless of the force used. Self-defense in these cases can be complex. If you're significantly stronger or healthier than the attacker, causing serious injury might escalate the charge. Simple altercations initially charged as misdemeanors can become felonies if medical issues develop later. It's always advisable to avoid physical confrontations when possible. Read more »Tribal Jurisdiction & Your Case
The Department of Justice has recently taken legal action against two Oklahoma district attorneys for prosecuting cases that should have been tried in federal or tribal courts. This situation underscores the complexities of jurisdiction, especially following the landmark McGirt case. This pivotal case determined that crimes committed by Native Americans on tribal land fall under federal or tribal jurisdiction, not state. The ruling has significantly altered Oklahoma’s legal landscape, causing both confusion and adaptation within the justice system. It highlights the importance of understanding jurisdictional nuances, especially for Native American individuals facing legal charges. Read more »
