Tulsa Attorney Blog
Is a Jury's Decision on Punishment a Recommendation or a Sentence in an Oklahoma Jury Trial?
In the state of Oklahoma, the question of whether a jury's decision on punishment is a recommendation or a sentence in a criminal prosecution is a topic of debate. In a recent court case, Washburn v. State of Oklahoma, the judge instructed the jury that their determination of sentence is a recommendation, implying that the judge does not have to follow it. However, the Oklahoma Court of Criminal Appeals has stated that the jury sentencing verdict should be followed by the trial court unless legally infirm. While the judge still has some discretion, the jury's recommendation should generally be upheld. If you have questions about a specific case, it's best to consult with an attorney for personalized advice. Read more »Can Racial Profiling be Presented as a Defense at a Criminal Trial in Oklahoma?
In the state of Oklahoma, can racial profiling be presented as a defense in a criminal case? Tulsa Lawyer James Wirth delves into this question in a recent blog post discussing a case from the Oklahoma Court of Criminal Appeals. The case, Fletcher v. State of Oklahoma, raises the issue of racial profiling and its implications for criminal prosecutions. While the defendant argued that he was racially profiled during a traffic stop, the court ultimately ruled that racial profiling is not a defense to a criminal charge. Wirth suggests seeking legal advice to navigate this complex issue if you are facing a similar situation in Oklahoma. Read more »Is Racial Profiling Grounds to Suppress Evidence in an Oklahoma Prosecution?
In Oklahoma, the question of whether racial profiling can lead to the exclusion of evidence in a prosecution is a hotly debated topic. As attorney James Wirth explains, if a person is unlawfully detained or stopped based on their race, any evidence obtained during that stop may be deemed inadmissible in court. However, recent court rulings have shown that the exclusionary rule may not apply to cases of racial profiling or selective enforcement. This leaves individuals who have been victimized by racial bias with limited options for seeking justice. If you find yourself in this situation, it is crucial to consult with a knowledgeable attorney to explore your legal rights and options. Read more »8 Factors that Affect Police Radar Reliability for Determining Speeding
In this detailed excerpt, Oklahoma lawyer James Wirth breaks down the eight factors that determine the reliability of police radar when determining speeding violations. From misidentifying vehicles to weather conditions, obstructions, and internal calibration issues, Wirth sheds light on the various elements that can impact radar accuracy. He also emphasizes the importance of discussing these factors with an attorney when facing a speeding ticket. By providing valuable insights and advice, Wirth empowers readers to understand the complexities of radar technology and how it can affect their legal situation. To learn more, visit makelaweasy.com for a private consultation with Wirth. Read more »How Does a Prosecutor Prove the Reliability of Radar for a Speeding Conviction in Oklahoma?
Are you facing a speeding ticket and wondering how a prosecutor proves the reliability of radar equipment in court? Tulsa Attorney James Wirth breaks down the process in this informative excerpt. The burden is on the state to prove guilt beyond a reasonable doubt, typically through the testimony of the officer who calibrated the radar equipment. By using external tuning forks and internal software, officers can demonstrate the accuracy of the radar readings. If you're facing a speeding conviction, it's essential to consult with an attorney to explore potential defenses. Contact Attorney James Wirth at MakeLawEasy.com for a confidential consultation. Read more »What are the 3 Basic Prerequisites to a Conviction of Speeding Based on Radar?
In a recent court case in Oklahoma, the three basic prerequisites for a conviction of speeding based on radar were outlined by the Oklahoma Court of Criminal Appeals. These prerequisites include the scientific reliability of radar as a recorder of speed, the accuracy of the particular radar unit used in the given case, and the proper operation of the radar equipment. While in the past expert testimony may have been required to prove the reliability of radar equipment, the court now allows for judicial notice of this fact. If you are facing a speeding ticket and have questions about fighting it, it may be beneficial to consult with an attorney to discuss your options. Contact an attorney at makelaweasy.com for more information. Read more »If I Have an OMMA Card, Can I Still Get Visitation and Partial Custody?
In Oklahoma, having an OMMA card does not automatically affect your ability to have custody or visitation rights with your child. According to Title 63, Section 425, Subsection D, a licensed medical marijuana patient cannot be denied custody or visitation unless their behavior poses an unreasonable danger to the safety of the child. The key factor is how your marijuana use may impact the well-being of your child. Even if deemed a danger, the court may still allow supervised visitation or other forms of contact to maintain the parent-child relationship. It's important to consult with an attorney to navigate this complex issue and protect your rights. To schedule a strategy session, visit MakeLawEasy.com. Read more »What Does Jurisdiction Mean?
Understanding jurisdiction is crucial in domestic litigation cases such as divorce or paternity actions. With families often spread out across different states, determining which court has jurisdiction can be complex. In Oklahoma, for example, the state with home state jurisdiction is where the minor child has resided for the past six months. This helps establish which court has the authority to hear the case and make decisions regarding custody, visitation, and support. Whether you're dealing with a divorce or paternity action, knowing the rules around jurisdiction can help you navigate the legal system with confidence. Stay informed and protect your rights. Read more »My Kids Have Lived with Me for the 6 Years since the Split. Can I Get Child Support?
My kids have lived with me for the last six years since I split with their mom. She's provided no financial support. Can I get child support? I'm Tulsa Lawyer James Wirth and that is the question that we have. If the kids have been living with him for the last six years after the party split, but apparently there's been no order for child support in place, mom's provided no financial assistance, can he get child support? And the answer is yes, but it doesn't happen automatically, just like it didn't happen automatically for the six years. You wanna be proactive. You wanna file for a custody, I mean, if you're married, you file for a divorce or legal separation. If you're not, you file a paternity action, get paternity established, get your custody rights established, and then go after her for child support. If you are the primary custodian and the other party's not paying anything for the support of the child and the child's with you 100% of the time, you've just gotta go through the court process to get that done. Child support generally cannot be established retroactively, so you wanna get that request for child support on file as quickly as possible. Given the circumstances here, you do wanna talk to an attorney privately and confidentially, get more of the facts so you can get legal advice specific to your case and a strategy to determine how to move forward with the best legal footing. Read more »Does Child Support Stop if Mom Takes the Baby Out of the Country without Father’s Permission?
Child support does not automatically stop if a mother takes the baby to another country without the father's approval. It is a court order that must be followed until it is modified or vacated. If there are custody orders in place that provide for child support, the father can take legal action to enforce his rights. This may involve filing a motion to enforce visitation or a contempt citation. If jurisdiction is an issue, it is important to establish it quickly before it changes due to the mother leaving with the child. Consult with an attorney for guidance on how to proceed in this time-sensitive situation. Read more »I’m on Child Support but I Don’t Get to See My Little Girl. What Can I Do?
If you're on child support but not getting to see your child, there are legal actions you can take. Tulsa attorney James Wirth advises filing a motion to enforce visitation or a contempt citation for violating court orders. If your child support was ordered through DHS administrative court, you may not have custody or visitation rights, but you can seek to establish them through the court. Remember, visitation and child support orders are separate, and you must fulfill both obligations. To navigate this complex situation, seek legal advice and take proactive steps to enforce your rights. Contact an attorney for a strategy session to discuss your options. Read more »If I Have an Oklahoma Order Regarding Custody, Can Arkansas “Take Matters into Their Own Hands”?
If you have an Oklahoma court order regarding custody, can Arkansas take matters into their own hands without the order being transferred there? Tulsa Attorney James Wirth explains that generally, the answer is no. Under the UCCJEA, Oklahoma court has exclusive continuing jurisdiction over the child until both parents move out of state. If both parents move out of Oklahoma, the out-of-state order can be docketed in the state where the child is residing. However, in cases of emergency custody, Arkansas may temporarily intervene to protect the child until the matter can be properly handled by a court with jurisdiction. For personalized legal advice, schedule a consult with an attorney at MakeLawEasy.com. Read more »What if His Name Is Not on the Birth Certificate and the Mother Passes? How Does He Get Name Added?
If the mother of a child has passed and the father's name is not on the birth certificate, it may seem complicated to get it added. Tulsa Attorney James Wirth explains that in Oklahoma, paternity actions can be taken to establish parentage. This can be done through signing an acknowledgement of paternity at birth or filing a paternity action in court. Even if the mother has passed, the father still has the right to establish paternity through DNA testing or other statutory criteria. The process may be slightly different, but the goal remains the same - to update the birth certificate and ensure legal recognition of parentage. For personalized legal advice, it is recommended to consult with an attorney. Read more »Custody Judge Asked for Specific Doctor’s Recommended Dosage Because I Have Medical Marijuana Card
Hello, I'm Oklahoma Attorney James Wirth. Today, I received a common question from a father who is facing a challenging situation regarding child support. It seems that after a disagreement, the mother is now seeking back child support for two years, despite turning off child support payments during that time. This is a complex issue, as child support orders cannot be modified retroactively. However, there are still legal options available. By filing a motion to determine arrearage and presenting equitable arguments to the court, you may be able to challenge the enforcement of the back child support. It's crucial to seek legal advice from an attorney to navigate this situation effectively. Visit MakeLawEasy.com to schedule a consultation today. Read more »Mother “Turned Off” Child Support for 2 Years When We Were 50/50. Now She’s Trying to Collect.
I'm James Wirth, a lawyer in Tulsa, Oklahoma, and I recently received a question from a viewer about child support issues. The situation involves a mother who turned off child support for two years and is now seeking back child support after a disagreement. In cases like this, it's important to understand that child support orders cannot be modified retroactively. However, there are still options available, such as filing for a modification of visitation and child support based on the current circumstances. Additionally, you can make equitable arguments to the court to explain why enforcing the back child support may not be fair in this situation. It's always best to consult with an attorney to discuss your specific case and explore the best course of action. If you need legal advice, you can schedule a consultation with me at MakeLawEasy.com. Read more »At What Point Does Failure to Pay Child Support Turn into a Felony in Oklahoma?
When does failure to pay child support become a felony in Oklahoma? Attorney James Wirth breaks it down: if the past due amount exceeds $5,000 or if no payments are made for a year, it's a felony punishable by up to four years in prison. Child support orders are enforceable court orders, and failure to comply can result in contempt charges. If you're facing issues with child support, it's crucial to seek legal advice tailored to your situation. Contact Wirth Law Office to schedule a consultation and ensure your rights are protected. Don't wait until it's too late – visit MakeLawEasy.com today. Read more »Am I Being Unreasonable by Refusing to Pay for Extracurriculars without a Receipt?
In this excerpt, Tulsa Attorney James Wirth addresses a common issue regarding extracurricular expenses and child support. He discusses the importance of requesting a receipt before paying for these activities, as it ensures transparency and accountability in financial matters between co-parents. Wirth explains that while child support guidelines typically do not cover extracurricular costs, it is reasonable to request proof of payment and share the expenses accordingly. He advises seeking legal counsel for personalized advice and guidance on navigating such situations. Overall, Wirth emphasizes the importance of communication and cooperation when it comes to sharing financial responsibilities for a child's extracurricular activities. Read more »Does One Threatening Voicemail Constitute Harassment in Oklahoma?
If you've received a threatening voicemail and are wondering if it constitutes harassment, Tulsa Attorney James Wirth has some insights for you. In a recent video, he addressed this very question, explaining that harassment typically involves a course or pattern of conduct, rather than a single event. However, threats of violence can be considered a criminal offense in Oklahoma, and threats of imminent physical harm may qualify as domestic abuse for the purpose of a protective order. If you're unsure about your situation, it's important to seek legal guidance. Contact James Wirth's office through MakeLawEasy.com to schedule a consultation and get personalized advice. Read more »If We Both Sign a Joint Custody Agreement and Have It Notarized, Will We Have to Go to Court?
Hi, I'm Tulsa Lawyer James Wirth. If we both have a joint child custody agreement signed and notarized, do we still have to go to court? That's the question that we received on our Facebook or YouTube in response to a video, is if we both sign a joint custody agreement and have it notarized, will we still have to go to court? And the answer is yes. For any order regarding custody visitation or child support to be enforceable, it must be entered by a judge in the county court in Oklahoma. And in order to do that, you've gotta file to open a case, and then at that point, once it's open, get the other party served. If you have an agreement, that's great. You can draft up an agreed order, sign it by the parties, get it notarized. If it's a joint child custody plan, it does need to be notarized, get it to the judge, and it's the judge's signature in filing with the court that makes it enforceable. So just having an agreement, having it notarized is not enough. It is not enforceable unless it's entered by the court in a proper court case where that court has jurisdiction. So make sure you get that done. So if you're dealing with this circumstances, the fact that you have an agreement, that's great. It can decrease the cost and the time it takes to get these things resolved. That is the time when you wanna move forward quickly is when everything's in agreement, but you're gonna wanna do so through the court system, and you may need an attorney to help you with that. If you wanna speak with an attorney at my office, you can go online to MakeLawEasy.com. Read more »What if the Father Does Not Make Enough Money to Pay Child Support?
Addressing Child Support Challenges - What if the father doesn't make enough money to pay his child support? In Oklahoma, child support is determined by the Oklahoma Child Support Guidelines, primarily based on the income of both parties. If the father's income has decreased since the original order was set, he may be able to seek a modification. Child support cannot be modified retroactively, so it's important to take action as soon as possible. Schedule a consultation with an attorney to review the order, guidelines, and current income situation. Don't delay in seeking help to ensure a fair child support amount. Read more »Tulsa Attorney James Wirth on McGirt Ruling - KTUL Channel 8 Interview
Stay informed on the latest developments in the McGirt ruling with Tulsa Attorney James Wirth. Learn about the implications of this significant legal decision and how it may affect you or your loved ones. Whether you have questions about jurisdictional authority, federal court determinations, or any other legal matter, James Wirth is here to provide you with the guidance and support you need. Take action today by scheduling a consultation at makelaweasy.com and ensure that your rights are protected. Don't wait until it's too late - arm yourself with the knowledge and resources necessary to navigate the complexities of the legal system. Read more »What Do I Need to Look for in an Attorney?
Finding the right attorney can make all the difference when going through a divorce or paternity action. It's important to find someone who you can connect with and who has experience in handling cases like yours. As a Tulsa attorney, I understand the importance of having a supportive and knowledgeable advocate by your side during these challenging times. Many law firms offer consultations to see if you are a good fit, so take advantage of that opportunity to find the right attorney for you. With the right attorney on your side, you can navigate the legal process with confidence and peace of mind. Read more »Will Dating during Divorce Hurt My Custody Case in Oklahoma?
Discover how dating during a divorce can influence your legal proceedings, including custody battles, with expert guidance from Tulsa Attorney James Wirth. Book a confidential strategy session to address your specific concerns and safeguard your case. Read more »Is Drug Trafficking an 85% Crime? Do I Need a Pardon to Get an Expungement?
If you have questions about drug trafficking charges and expungement, Tulsa Attorney James Wirth has the answers for you. In Oklahoma, drug trafficking can be regular or aggravated, depending on the amount of controlled substances involved. Aggravated trafficking is considered an 85% crime, meaning you must serve 85% of your sentence before parole eligibility. Additionally, aggravated trafficking is classified as a violent offense, making it ineligible for expungement without a governor's pardon. However, regular drug trafficking convictions may be eligible for expungement under certain conditions. To learn more about your specific situation and legal options, schedule a consultation with an attorney at makelaweasy.com. Read more »Washington Court Grants Mom Custody. Dad Withholds in Washington. Can Mom Enforce in Oklahoma?
Discover the complexities of enforcing custody court orders across state lines with Attorney James Wirth. Understand the limitations of jurisdictional laws and learn about the steps involved in seeking legal resolution. Get informed to protect your parental rights. Read more »
