Tulsa Attorney Blog
What are the Stages of a Divorce Case in Oklahoma?
Are you going through a divorce in Oklahoma and wondering what to expect? Tulsa Lawyer James Wirth breaks down the seven stages of a divorce involving minor children in this informative excerpt. From the initial pleading to the final trial, each stage is crucial in determining the outcome of your divorce. With detailed explanations and insights, James Wirth provides a comprehensive overview of the divorce process in Tulsa County. Whether you're filing for divorce or responding to a petition, understanding the stages of divorce can help you navigate the legal proceedings with confidence. For personalized legal advice, schedule a consultation with James Wirth at makelaweasy.com. Read more »McGirt: Wyandotte Reservation NOT Disestablished says OK Court of Criminal Appeals. (2024 OK CR 4)
The Oklahoma Court of Criminal Appeals recently ruled in the case of State v. Fuller 2024-OKCR4 that the Wyandotte Reservation has not been disestablished. This decision stems from the landmark McGirt decision by the United States Supreme Court, which determined that the Muskogee Creek Nation reservation was never disestablished. This means that the state of Oklahoma lacks jurisdiction to prosecute Native Americans on tribal land. The court found that the Wyandotte Reservation, established in 1867 and terminated in 1956, was resurrected by the Reinstatement Acts of 1978. If you are facing criminal charges in Ottawa County and are a registered member of a tribe, seek legal counsel to understand your rights. Visit MakeLawEasy.com to schedule a consultation with an attorney. Read more »McGirt: OCCA Affirms Osage Nation Reservation was Disestablished. (2024 OK CR 8).
The recent decision by the Oklahoma Court of Criminal Appeals regarding the Osage Nation Reservation and its disestablishment has significant implications for cases involving Native Americans in northeast Oklahoma. Tulsa Attorney James Wirth discusses the aftermath of the McGirt ruling and how it affects jurisdiction in criminal cases. The Osage Nation Reservation, established in 1872 and disestablished in 1906, had unique circumstances with the division of surface and mineral rights. While the defendant in this case argued for a reapplication of the law post-McGirt, the court ultimately upheld the prior ruling from the 10th Circuit. For personalized legal advice on McGirt-related cases, consulting with an attorney is recommended. Read more »What Is an Evidentiary Harpoon and How Do Oklahoma Courts Cure It? (F-2022-78).
In a recent case decided by the Oklahoma Court of Criminal Appeals, the issue of an evidentiary harpoon was brought to light. An evidentiary harpoon occurs when a prosecutor or witness intentionally and in bad faith injects prejudicial evidence that has been ruled inadmissible by the court. Despite the defense's request for a mistrial, the court held that a simple admonishment to the jury would suffice to cure the error. This decision highlights the lack of repercussions for prosecutorial misconduct in Oklahoma criminal courts. If you are facing a criminal defense matter in Oklahoma, it is crucial to seek legal advice from an experienced attorney. Read more »Does Attorney Client Privilege Exist in a Police Interrogation Room?
In a recent case before the Oklahoma Court of Criminal Appeals, the issue of attorney-client privilege in a police interrogation room was brought to light. The defendant in the case was speaking with his attorney over the phone while in the presence of his pastor in the interrogation room. The court ultimately held that due to the presence of a third party, the pastor, the privilege did not apply, allowing the prosecutor to use recordings of the conversation against the defendant. This case serves as a reminder to always ensure privacy and confidentiality when communicating with your attorney, especially in a police station setting. Make sure to seek legal advice from a trusted attorney to protect your rights. Read more »Does a Defendant have Religious Privilege for Conversations with their Pastor at a Police Station?
In a recent case, Gaddis v. State of Oklahoma, the issue of religious privilege for conversations with a pastor at a police station was brought to light. The defendant, in an interrogation room with his pastor, had his conversation recorded by the police. Despite the defendant's attempt to exclude the recording from evidence, the Oklahoma Court of Criminal Appeals ruled that there is no expectation of privacy in a police station. This decision raises questions about the extent of religious privilege in such situations. If you are facing similar legal challenges or have questions about privilege and admissibility of evidence in criminal cases, it is important to seek the guidance of a knowledgeable attorney. Contact us at makelaweasy.com for confidential legal advice. Read more »Does OCCA Interpret Penal Statutes Strictly Against the State?
Oklahoma Lawyer James Wirth discusses the interpretation of penal statutes by the Oklahoma Court of Criminal Appeals. In a recent case, Washburn v. State of Oklahoma, the court had to determine if a specific crime fell under the 85% rule. Despite ambiguity in the statute, the majority sided with the state, contrary to the principle of interpreting penal statutes strictly against the state and liberally in favor of the accused. Justice Rowland dissented, pointing out the violation of this principle. Wirth highlights the importance of understanding statutory construction in criminal cases and offers legal advice for those facing criminal prosecution in Oklahoma. Read more »Is Indecent Proposal to a Child a 85% Crime? (2024 OK CR 9).
If you're facing a criminal charge in Oklahoma, it's important to understand the nuances of the state's laws regarding sentencing and parole eligibility. In a recent case, the Oklahoma Court of Criminal Appeals grappled with the question of whether indecent proposal to a child qualifies as an 85% crime, which requires serving at least 85% of the sentence before being eligible for parole. The court's decision has sparked debate among judges, with some arguing for a strict interpretation of penal laws in favor of the accused. If you have questions about criminal matters in Oklahoma, it's crucial to seek personalized legal advice from an experienced attorney. Contact us at makelaweasy.com to schedule a consultation. Read more »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 »
