Tulsa Attorney Blog
Are Legal Deadlines in Calendar Days or Business Days in Oklahoma? 2024 OK CR 15.
Legal deadlines in Oklahoma are a hot topic of discussion, especially when it comes to determining whether they are based on calendar days or business days. A recent case decided by the Oklahoma Court of Criminal Appeals sheds light on this issue. The case involved a pro se litigant who misunderstood the deadline to withdraw a guilty plea, leading to a debate over whether the deadline is based on business days or calendar days. The court ultimately ruled that all deadlines, regardless of length, are based on calendar days. This decision serves as a reminder that pro se litigants must familiarize themselves with court rules to avoid costly mistakes. If you're facing a legal deadline, it's crucial to seek guidance from an experienced attorney to ensure you meet the requirements within the allotted time frame. To discuss your specific circumstances, contact our office at MakeLawEasy.com. Read more »How Does a Father get Child Support Services to Enforce an Order Against a Mother?
Are you a father trying to enforce a child support order against the mother? Tulsa attorney James Wirth is here to help. With 11 years of sole legal custody and a $40,000 arrearage, it's time to take action. While DHS Child Support Enforcement can assist, their backlog may delay the process. Instead, consider filing a motion for contempt on your own. By holding the other party accountable for violating the court order, you may be entitled to attorney's fees. Don't wait for DHS – take control of your situation. Schedule a consultation with James Wirth at MakeLawEasy.com to get the child support you deserve. Read more »What is a Guardian Ad Litem
Are you in a custody case and unsure about a guardian ad litem? Karl Burkhead, a family attorney in Oklahoma, explains the role of a GAO in your case. A guardian ad litem is appointed by the court to investigate the custody situation and provide a report on the child's best interest. They visit both parents' homes, observe interactions, and interview everyone involved. Their unbiased assessment helps the court make informed decisions. The GAO's report isn't binding, but it's a valuable tool for the court to consider. Contact Karl Burkhead at Wirth Law Firm for more information on the benefits of a guardian ad litem in your case. Read more »Post Divorce Relocation with Children
Are you a parent considering a move out of state with your children? Attorney Carl Birkhead, based in Tulsa, Oklahoma, can help guide you through the process. Under Oklahoma statutes, relocating more than 75 miles away with your children requires following specific rules and procedures. Providing written notice to the other parent, allowing time for objection, and presenting evidence in court are all steps in the process. While there are factors to consider, such as the best interests of the children, the court will ultimately decide if the relocation is appropriate. For more information and guidance on relocating with your children, reach out to Carl Birkhead at Worth Law Firm. Read more »How Can You Request a Bail Reduction in Oklahoma?
If you're facing a criminal charge in Oklahoma and can't afford the bail set by the bond schedule, you have the right to request a bail reduction hearing. Tulsa Attorney James Wirth explains the process of filing a motion for a bond reduction or a motion to determine bond. He provides insights on the factors considered in determining bail, such as the seriousness of the crime, previous criminal history, and ties to the community. By understanding the law and presenting a strong argument based on these factors, you may have a chance to have your bail amount reduced. For personalized legal advice, contact an attorney to discuss your specific circumstances. Read more »What Does Oklahoma's Advisory Guidelines on Visitation Schedules Say about Fathers?
If you're a father navigating visitation schedules in Oklahoma, understanding the state's Advisory Guidelines is crucial. Attorney James Wirth breaks down the guidelines, emphasizing that there is no bias between parents. These guidelines stress that fathers are just as capable of parenting as mothers, focusing on the parent's desire to be involved in their child's life. If you're facing these issues, seeking legal advice is key. Contact Attorney Wirth for a low-cost initial strategy session to protect your rights as a father. Don't hesitate to take action today and ensure you have the guidance needed to navigate the legal process successfully. Read more »What is Oklahoma's Standard Visitation Schedules and Advisory Guidelines?
Oklahoma Standard Visitation Schedules and Advisory Guidelines are essential for parents navigating custody and visitation arrangements in the state. Tulsa attorney James Wirth breaks down the importance of these guidelines, which provide a framework for determining visitation schedules based on the best interest of the children. While not mandatory, the advisory guidelines offer a starting point for discussions in court and can be used as persuasive authority to support your position. It's crucial to understand these guidelines and seek legal advice tailored to your specific case. To schedule an appointment with an attorney experienced in family law, visit MakeLawEasy.com. Read more »Can My Son Fill Out Child Support Comp, Have Parties and Judge Sign or Should He Open a DHS CS Case?
Need help navigating the process of establishing child support guidelines and orders? It can be a complex and confusing process, especially if you don't have experience with legal documents. Should you take matters into your own hands and try to fill out the guidelines yourself, or is it better to open a child support case with DHS? The answer depends on various factors, such as whether there is an existing case, the need for custody and visitation orders, and your familiarity with legal procedures. If you're unsure about the best course of action, it's always a good idea to seek legal advice from an attorney who can guide you through the process. Give us a call or visit our website to learn more about how we can help. Read more »Can a Family Court Judge be Asked to Recuse for Possible Conflict of Interest in Oklahoma? Rule 15
advice on your specific situation. Remember, the decision to recuse a judge is not taken lightly and must be based on valid legal grounds. It's always best to consult with a knowledgeable attorney who can guide you through the process and help you navigate any potential conflicts of interest. Don't hesitate to reach out for help if you find yourself in a situation where you believe a judge may have a conflict of interest. Your rights and the outcome of your case may depend on it. Read more »Bringing Contraband Into a Jail
Have you been charged with possessing or bringing contraband into a penal institution? Criminal attorney Carl Burkhead in Tulsa, Oklahoma can help. It's important to be honest about what you have on you when being booked to avoid additional charges. Burkhead shares a cautionary tale of a client who failed to disclose drugs on him, turning a simple public intoxication charge into a felony drug smuggling charge. If you find yourself in a similar situation or know someone who does, don't hesitate to reach out for guidance. Burkhead and his team at Law Office are here to help navigate through the legal process. Visit MakeLawEasy.com for more information. Read more »How to Get Emergency Custody of a Child
If you believe a child is in danger and needs emergency custody, it is crucial to act quickly. As a family attorney in Tulsa, Oklahoma, I can guide you through the process of obtaining emergency custody for a child facing immediate and irreparable harm. Whether it's through a police report, affidavit from law enforcement or DHS, or testimony from a witness, there are steps you can take to protect a child in danger. Don't hesitate to reach out for help and take action to ensure the safety and well-being of a child in need. Contact Worth Law Office for assistance in navigating the legal process and securing emergency custody for a child in crisis. Read more »Is There Anyway to Stop Child Support Outside of Court?
Child support orders can't be stopped outside of court without a judge's approval. Even if both parties agree, a court order is still necessary to legally stop child support payments. Child support continues to accrue interest and can be enforced by the court if not officially terminated. Aging out of children on the support order does not automatically stop payments, unless all children have reached the age of majority. It's important to consult with an attorney to navigate the legal process of modifying child support orders. To schedule a consultation with Tulsa attorney James Wirth, visit makelaweasy.com. Read more »OCCA Removes Requirement for New Evidence before State can Refile Judge Dismissed Case. 2024 OK CR 7
In a recent case, Halliburton v. State of Oklahoma 2024 OKCR7, the Oklahoma Court of Criminal Appeals made a significant decision regarding the refiling of dismissed cases. Previously, prosecutors were required to present new evidence before refiling a case that had been dismissed by a judge. However, in this new ruling, the court removed that requirement, stating that the state can refile a case without any proof of new evidence. This decision has raised concerns about potential forum shopping and the imbalance of power between the state and defendants. If you are facing criminal prosecution in Oklahoma, it is essential to consult with an experienced attorney to understand how this ruling may impact your case. Read more »The Impact of Miranda Rights Violations on Your Oklahoma Case
The impact of a Miranda rights violation in your Oklahoma case can be significant. As a Tulsa attorney, I've seen how crucial it is to understand your rights and how they can protect you during criminal proceedings. If the police fail to properly inform you of your Miranda rights before questioning you, any statements you make could potentially be excluded as evidence. It's important to remember that you have the right to remain silent and should exercise that right if you find yourself in this situation. Consulting with an experienced attorney can help you navigate the legal process and ensure that your rights are protected. Contact my office at MakeLawEasy.com to schedule a consultation. Read more »Can Bail be Denied in Oklahoma?
In Oklahoma, bail can be denied in certain circumstances, as outlined in the state's constitution. Capital offenses, violent crimes, and drug-related offenses with significant penalties are among the cases where bail can be denied. However, it is important to remember that pretrial detention should not be punitive but rather a measure to ensure appearance in court and protect the community. If you find yourself facing a situation where bail is being denied, it is crucial to seek legal counsel to understand your rights and options. To schedule a consultation with an attorney who can provide actionable advice for your case, visit MakeLawEasy.com. Read more »Does My Child's Employment Effect my Child Support in Oklahoma?
In Oklahoma, a child's employment does not affect child support payments. Child support is based on the income of the parents, not the income of the child. Even if a child starts working at 16, it will not impact the child support order. Child support can continue until the age of 18 or up to 21 if the child is enrolled in high school. If you have more questions about child support in Oklahoma, it's best to speak with a family law attorney. To schedule a consultation with Attorney James Wirth, visit MakeLawEasy.com. Get the answers you need to ensure your child's financial needs are met. Read more »Possession of a Controlled Dangerous Substance (Constructive Possession)
Are you facing drug possession charges even though you didn't actually have drugs on you? Attorney Karl Burkhead is here to help navigate the legal process. In Oklahoma, constructive possession allows law enforcement to charge you if drugs were within your realm of access or control, even if you didn't know they were there. Whether it was in a friend's car or house, the state will try to hold you accountable. With Karl Burkhead's experience in criminal defense, he can help prove your innocence with crucial facts and circumstances. Reach out to Worth Law Office for assistance in fighting these charges. Read more »What to Do When Questioned by Law Enforcement
Are you being questioned by law enforcement for being suspected of having committed a crime? My name is Karl Burkhead. I'm with Worth Law Office in Tulsa, and I'm a criminal defense attorney, and I'd like to help you navigate this process. A lot of times people get in situations where, you know, cops show up at their door or law enforcement asks them to come down and ask some questions about an ongoing investigation. More often than not, people will think that they can talk their way out of it, regardless of whether or not you are innocent or have done something. It is always in your best interest to make sure that you have an attorney present before answering any questioning. As an example, not too many years ago, I had a client who was being questioned for allegedly possessing methamphetamines. My client think that he could talk his way out of it, said he did not intend to actually use the meth, he intended to sell it. While that may sound like a great idea, hey officer, I might have had it on my possession, but I didn't intend to use it at all. I was going to go trade it for a pack of cigarettes. What he had accidentally done was talked his way into getting a felony charge rather than a misdemeanor charge. It's very, very nerve-wracking when being questioned by law enforcement, and it is very easy to think that the best way to to get out of it is just to have a chat. This is the one situation where that's not going to be the best case for you. Anytime you're even suspected of a crime, always consult an attorney first, and if you are ever approached by law enforcement for any reason, even if it's just to say we think you may have been a witness, your response should always first be, I understand that, I'd like to speak with an attorney, and then we will get back with you. If you have any other questions, or if you feel like this has been some helpful information, I would love to be able to chat with you more. If you find yourself in a situation where you were facing any sort of criminal charges or even being questioned by law enforcement, please feel free to reach out to our office. You can find us at MakeLawEasy.com or reach out to Worth Law Office. Once again, my name is Carl Burkett, and I hope this was informative. Read more »Negotiating Plea Bargains: Strategies and Considerations in Oklahoma
In this blog post, Tulsa attorney James Wirth discusses strategies and considerations for negotiating plea deals in Oklahoma. From attacking weaknesses in the case to highlighting the favorability of the client, Wirth explains various approaches to securing a favorable plea bargain. He also delves into the practical aspects of negotiating plea deals, such as requesting a quick resolution or discussing restitution arrangements. If you're facing criminal charges and seeking legal advice on negotiating a plea deal, Wirth invites you to schedule a low-cost initial strategy session with his office. Contact him at 918-879-1681 or visit MakeLawEasy.com for more information. Read more »Can My Wife Leave and Take the Kids?
Are you wondering if your wife can leave and take the kids in a divorce situation? Attorney James Worth explains that in the state of Oklahoma, both parents have de facto joint custody, meaning neither has superior rights. This means your wife can technically leave with the kids without permission. However, if you file for divorce, an Automatic Temporary Injunction is put in place to prevent this. If your wife takes the kids without permission, act quickly to file for temporary orders to either have the kids returned or seek sole custody. It's important to seek legal advice from a family law attorney to navigate this complex situation. Visit MakeLawEasy.com to schedule a consultation. Read more »What Should You Do if You or a Loved One are Arrested and Need to Post Bail?
Remember, in times of crisis, it's important to stay calm and make informed decisions. If you or a loved one is arrested and needs to post bail, follow the advice of Tulsa Attorney James Worth. Remember, do not talk about the case with anyone except your attorney, as jail recordings can be used against you. Contact an attorney who can recommend a reliable bail bondsman to facilitate a quick release. In larger counties like Tulsa, there may be a bond schedule, but for cases without a set amount, it may take a couple of days for a judge to determine bail. Stay informed, seek legal advice, and take action to protect your rights. For personalized guidance, reach out to an attorney at MakeLawEasy.com. Read more »Understanding Bail and Bond Procedures in Oklahoma Courts
Understanding the bail and bond procedures in Oklahoma courts is crucial if you or a loved one have been arrested. In Oklahoma, the initial bond amount is typically set based on a bond schedule for the type of offense committed. However, if the amount is not set or you wish to request a reduction, you can file a motion to do so. Bail is not meant to be a punishment but rather to ensure public safety and the defendant's appearance in court. It is important to seek legal advice if you are facing criminal charges to navigate the bail process effectively. Contact my office at MakeLawEasy.com to schedule a consultation with an attorney. Read more »Appealing a Conviction in Oklahoma: Process and Procedure
Appealing a conviction in Oklahoma is a complex process that requires strict adherence to deadlines and detailed legal arguments. Attorney James Worth breaks down the steps involved in a direct appeal, from filing a Notice of Intent to Appeal within 10 days of the judgment and sentence to submitting a petition in error listing alleged errors in the trial. The appellate brief is crucial, presenting persuasive arguments based on the record to demonstrate prejudicial errors. The court then considers the briefs and issues a decision, a process that can take anywhere from six months to a year and a half. With so much at stake, it's essential to have an experienced attorney guiding you through the appellate process. Read more »How is the Bail Amount Determined in Oklahoma?
If you've ever wondered how bail amounts are determined in Oklahoma, Tulsa Attorney James Wirth has the answers for you. In larger counties like Tulsa County, bond schedules are used to quickly set bail amounts for individuals facing charges. However, not all offenses are listed on the schedule, especially domestic offenses, which require a specific determination by a judge. If you can't afford to bond out, you have the opportunity to request a motion for a bond reduction or a motion to determine bond. Understanding the factors that go into determining bail is crucial, so be sure to seek legal advice from an attorney for personalized guidance. Read more »Got My Son a Phone but Ex Won't Allow it at Her House. What Can I Do?
In this 100-word excerpt, Tulsa attorney James Wirth discusses the issue of a parent not allowing their child to have a phone at their house, causing communication issues between the child and the other parent. Wirth explains the general rule that decisions like this are determined by the parent with physical custody at that time. However, if there is joint custody, a joint child custody plan may address specific issues like phones. Wirth suggests utilizing a parenting coordinator for small parenting issues to avoid costly court battles. He encourages seeking legal advice to address unique circumstances that may impact the situation. Read more »
