Tulsa Attorney Blog
Did the Oklahoma Court of Criminal Appeals Just Kill Motion to Quash Appeals? 2024 OK CR 7.
Did the Oklahoma Court of Appeals just kill motion to quash appeals? Tulsa Lawyer James Wirth explores a recent decision that changes the game for defendants. In the case of Halliburton v. State of Oklahoma, the court ruled that the state can refile a case without new evidence, undermining the need for a motion to quash. This decision could have far-reaching consequences, eroding defendants' rights to a fair preliminary hearing. With no incentive for the state to appeal unfavorable rulings, defendants may be left without recourse. Wirth encourages those facing similar circumstances to seek legal advice to navigate this evolving legal landscape. Read more »What is a Special Entry of Appearance and Request for Enlargement of Time?
Learn more about special appearance and request for enlargement of time in Oklahoma courts from Attorney James Wirth. When served with a petition, the general rule is 20 days to file a responsive pleading. However, certain cases may allow for more time. If you need additional time, you can file a special entry of appearance and request for enlargement of time, granting you an additional 20 days. Be aware of potential defenses that may be waived by requesting an extension. Consult with an attorney to ensure you fully understand the implications. Download a free template pleading from makelaweasy.com for guidance on this process. Read more »What is a Special Entry of Appearance in Oklahoma Courts?
In Oklahoma courts, making a first appearance in a case involves filing an entry of appearance. This formal document notifies the court that you are either representing a party as an attorney or appearing pro se. However, a general entry of appearance may waive certain rights, such as jurisdiction and venue. To avoid this, a special entry of appearance can be filed for a limited purpose, ensuring that specific defenses are not waived. If you are unsure about whether to file a special entry of appearance, it is important to seek legal advice from an experienced attorney. Contact us at MakeLawEasy.com for personalized assistance with your case. Read more »Will My Spouse Get Half of Everything in Divorce in Oklahoma?
Are you going through a divorce in Oklahoma and wondering if your spouse will get half of everything? Tulsa Attorney James Wirth explains that while a 50-50 division is common, it is not a strict rule. The court looks at marital assets and debts, separating out any separate property that was owned prior to the marriage or acquired through inheritance or gift. The court then aims for an equitable division of marital property, which often results in a 50-50 split. However, the court has the discretion to deviate from this if it deems it fair. For personalized legal advice, contact James Wirth's office at MakeLawEasy.com. Read more »Is Marriage Counseling Required in Order to Get Divorced in Oklahoma?
Marriage counseling is not required to get a divorce in Oklahoma, but completing certain types of counseling can result in a reduced court filing fee. Tulsa Attorney James Wirth explains that Oklahoma has made it more difficult to get divorced in recent years, with waiting periods and other requirements in place. While marriage counseling is not mandatory, it can be beneficial in certain cases. If you are considering divorce in Oklahoma, it is important to consult with an attorney to understand your rights and options. To schedule a strategy session with a lawyer at James Wirth Law Office, visit MakeLawEasy.com. Read more »Who Gets the Dog in Divorce in Oklahoma?
Who gets the dog in the divorce? Tulsa Lawyer James Wirth breaks down the legalities of pet custody in a divorce. In Oklahoma, dogs are considered property, but recent changes allow for special circumstances. If the dog was owned before the marriage, it may be separate property. However, if it is considered marital property, the court will decide based on what is fair and equitable. Factors such as the relationship to the parties and how the dog has been treated will be considered. If you're facing this situation, seek legal advice to navigate the complexities of pet custody in a divorce. Visit makelaweasy.com to schedule a consultation. Read more »How Does SCOTUS Decision in Diaz v. US Effect Criminal Defense in Oklahoma?
In the recent United States Supreme Court decision in Diaz v. United States, the issue of proving intent in a criminal case was brought to light. This decision has potential implications for criminal defense cases in Oklahoma. Although the federal rules of evidence may differ from Oklahoma's rules, the fundamental principles of relevance, prejudice, and reliability still apply. Expert testimony that does not directly address the defendant's state of mind may not be relevant. Additionally, if the testimony is prejudicial or unreliable, it should not be allowed. Understanding these nuances and seeking guidance from a knowledgeable attorney is crucial in navigating the complexities of criminal defense law in Oklahoma. Read more »OCCA Upholds Requirement for Specific Intent for Assault with a Dangerous Weapon.
This case highlights the importance of specific intent in criminal cases, particularly assault with a dangerous weapon. The Oklahoma Court of Criminal Appeals upheld the requirement for the state to prove intent to injure or do bodily harm in order to secure a conviction. This decision provides crucial protections for individuals facing serious charges, ensuring that the burden of proof is met beyond a reasonable doubt. While the court did vacate the conviction for assault with a dangerous weapon in this specific case, the defendant was found guilty of other offenses. If you are facing criminal charges in Oklahoma, it is essential to seek legal representation to protect your rights and build a strong defense. Contact a knowledgeable attorney at makelaweasy.com for personalized guidance and support. Read more »Can I Change the Locks During my Divorce?
In the midst of a divorce, one common question that arises is whether or not you can change the locks on your property. Oklahoma Attorney James Wirth sheds some light on this often murky issue. From a legal standpoint, physically changing the locks is possible, but the consequences vary depending on the specific circumstances. If there is a court order in place prohibiting such actions, violating it could lead to contempt of court charges. Additionally, changing the locks without permission could potentially make you look bad in the eyes of the court. Seeking the advice of a knowledgeable attorney is crucial to navigate this complex situation. Read more »Can I Use My Spouse's Lawyer for our Divorce?
Can I use my spouse's lawyer for our divorce? Attorney James Wirth explains why it's not a good idea. While it may seem convenient to use the same lawyer if you're in agreement, that attorney cannot represent both parties ethically. This can lead to conflicts of interest and potential issues in the divorce process. It's important to understand that each party should have their own representation to ensure their interests are protected. If you're facing this situation, it's best to seek legal advice to understand your rights and options. Visit MakeLawEasy.com to schedule a consultation with an experienced attorney. Read more »What are the Stages of a Paternity Case in Oklahoma?
If you're wondering about the stages of a paternity case in Oklahoma, Tulsa Attorney James Wirth has got you covered. From initial pleadings to temporary orders to mediation and trial, there are eight key steps involved in a paternity case. With the additional step of establishing paternity, it's important to have all the information you need to navigate the process successfully. Whether you're filing as the petitioner or responding to a paternity case, understanding each stage and what to expect is crucial. For personalized legal advice and guidance, schedule a consultation with an attorney at James Wirth Law Office today. Visit makelaweasy.com to get started. Read more »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 »
