Tulsa Attorney Blog
How Much Evidence Does It Take for a Judge to Grant a Motion for Hair Follicle Drug Testing?
Are you wondering how much evidence is needed for a judge to grant a motion for hair follicle drug testing? Tulsa Attorney James Wirth breaks it down for us. While some believe it may be difficult to convince a judge, Wirth explains that if you can show there are legitimate concerns, most judges are likely to grant the testing. However, it is important to note that you may be required to cover the costs initially, which could be reallocated if the test is positive. Wirth emphasizes that in custody cases, the mental health and well-being of those around the children are of utmost importance. If you have any concerns, it is worthwhile to pursue drug testing for the protection and best interest of the children involved. If you need legal advice specific to your situation, Wirth recommends scheduling a private and confidential consultation with an attorney at his office. Visit MakeLawEasy.com to get started. Read more »Can I Believe My Bail Bondsman?
In this blog post, Tulsa attorney James Wirth addresses the question of whether or not you can trust your bail bondsman. He explains that while attorneys have a fiduciary obligation to their clients and must always be truthful, bail bondsmen do not have the same ethical obligations. Wirth shares instances where bail bondsmen may not be truthful, such as when a client misses their court date. He advises working with an attorney in such situations to negotiate with the judge and ensure that the bond is reduced and the bail bondsman re-endorses it. Wirth concludes by emphasizing the importance of seeking legal advice from an attorney for specific circumstances related to criminal defense or Oklahoma law. Read more »If I Die, Will My Ex Get Custody under Oklahoma Law?
In this blog post, Tulsa attorney James Wirth addresses a common concern among parents: what happens to the child if the custodial parent passes away? Wirth explains that in Oklahoma, the child typically goes to the other parent, depending on the established rights and circumstances. However, he advises parents to have estate planning documents in place to indicate their preferences for the child's guardian. While this doesn't guarantee that the preferred guardian will be granted custody, it provides some weight to the court's decision. Wirth advises documenting any concerns about the other parent and ensuring that the preferred guardian understands the process of filing for guardianship. For more specific legal advice, readers are encouraged to schedule a consultation through makelaweasy.com. Read more »Todd Chesbro Appointed as a New Special Judge in Tulsa County, Starting January 8, 2024
Todd Chesbro has been appointed as the new Tulsa County Special Judge, taking over the family docket C previously handled by Judge April Seibert. Starting on January 8th, 2024, Chesbro will bring his experience from working at the Tulsa County District Attorney's Office and the Rogers County District Attorney's Office, as well as his background as a wrestling coach at Bishop Kelly and being inducted into the National Wrestling Hall of Fame. If you have a family law case on docket C in Tulsa County, make note that it will now be handled by Chesbro. For legal matters in Tulsa County, reach out to Attorney James Wirth at MakeLawEasy.com. Read more »The 2024 Tulsa County Special Judge Assignment Shuffle
In Tulsa County, the district judges have decided to rotate the special judges who handle family laws, small claims, and lower-level criminal cases. This rotation is happening now with the new administrative order that was filed on January 2nd, 2024. Judge April Seibert will now handle preliminary hearing dockets, while Judge Casey Baldwin moves to the misdemeanor docket and the misdemeanor domestic docket. Judge Tanya Wilson will be moving to Family Docket C, and Judge Travis Horton will handle the Drug Court docket. Additionally, newly appointed Special Judge Todd Chesbro will take over Family Division Docket C. If you have a case being handled by one of these judges, it will likely be transferred to the new judge starting January 8th, 2024. If you have any questions about your case or need legal advice, it is recommended to consult with an attorney. Read more »DHS Places the Baby with Dad. What Does Dad Need to Do?
Tulsa Attorney James Wirth discusses the situation where DHS has placed a baby with the father temporarily, but requires him to get an attorney before closing the case on the mother. Wirth explains that in Oklahoma, if a child is born outside of marriage, the mother usually has de facto sole custody. However, a new law states that parents of a child born out of wedlock should be treated equally, although it can be challenging in practice. Wirth advises that the father needs to obtain a court order to establish his parental rights and show that he has the legal authority to protect the child from the mother. DHS wants the father to have this documentation to ensure the child's safety. Read more »What Happens When a Lawyer Withholds Evidence?
In this blog post, Tulsa Attorney James Wirth addresses the issue of lawyers withholding evidence and the potential consequences. He explains that in criminal cases, the state has an obligation to provide certain discovery materials to the defense, and withholding such materials could lead to a Brady violation, dismissal of the case, or suppression of evidence. However, in civil court, the other side does not have an obligation to provide evidence, so it is the responsibility of the opposing party to ensure that relevant and material evidence is entered. If the judge makes poor decisions or disallows certain evidence, the options may be limited, but there could be grounds for an appeal. Wirth encourages readers to consult with an attorney for specific legal advice and offers a way to schedule a consultation on his website, MakeLawEasy.com. Read more »Is Oklahoma an Alimony State?
In Oklahoma, determining spousal support or alimony is at the discretion of the court rather than being based on a specific length of marriage. The court considers factors such as the need to be supported, the other party's ability to provide support, and the requested amount in relation to the marriage. If you sacrificed your career or education for the marriage, it can strengthen your case for spousal support. The court also has discretion in determining the duration of support, with no specific rule regarding the length of marriage. If you need guidance on spousal support in Oklahoma, it is recommended to consult with an attorney who can provide personalized advice based on your situation. Read more »What Happens if the Other Side Fails to Respond to My Contempt?
In the state of Oklahoma, if the other party fails to respond to a contempt citation, there are specific procedures to follow. Tulsa Attorney James Wirth explains that when a contempt citation is filed, the accused party is not required to file a response. However, they must appear in court for an arraignment and attend all scheduled court dates. If they fail to appear after being personally served with notice, a bench warrant can be issued for their arrest. Depending on the type of contempt, a bond amount may also be set. It is important to consult with an attorney for specific legal advice. To schedule a consultation with us, visit MakeLawEasy.com. Read more »What to Do When the Other Parent Takes Your Child Out of State without Permission?
In this blog excerpt, Tulsa Attorney James Wirth addresses the issue of a parent taking a child out of state without permission in a joint custody situation. He explains that joint custody typically requires both parents to agree on major decisions, and any violation of the custody plan is considered a breach. Wirth suggests considering if the parent's actions interfered with the custody schedule and if they returned the child on time. He advises against filing a contempt citation, as it may not be seen as a serious enough offense. Instead, he recommends seeking a parenting coordinator to resolve smaller issues efficiently and cost-effectively. However, he advises seeking specific legal advice from an attorney for individual circumstances. Read more »Where Do I Find Court Paperwork (Pleadings) in Oklahoma?
Are you struggling to find court paperwork in Oklahoma? Tulsa Attorney James Wirth understands your frustration. While some courts provide fill-in-the-blank forms for certain cases, finding the correct paperwork for more complex situations can be challenging. Hiring an attorney or a drafting service can be expensive, but representing yourself requires meeting the same standards as an attorney. However, Oklahoma offers an online court system where you can search for similar cases and download public records as templates. Although handling your case yourself can be difficult without legal knowledge and training, contacting James Wirth at MakeLawEasy.com can provide personalized assistance for your specific circumstances. Read more »Custodial Parent Gets a Child Endangerment DUI. What to Do?
In this blog post, Tulsa attorney James Wirth addresses a common concern: what should a custodial parent do when the other parent gets a DUI and endangers the child? Wirth advises against waiting until the criminal case is over before taking action. Instead, he suggests going to court quickly to update the existing custody order to reflect the situation accurately. He emphasizes the importance of utilizing an agreement to modify the order, as it is cheaper and faster than waiting for a dispute to arise. Wirth recommends filing a motion to modify, drafting an agreed order for sole custody, and determining appropriate visitation arrangements. For personalized advice, he encourages readers to schedule an appointment with his office through MakeLawEasy.com. Read more »How Long Before You Can File to Terminate the Rights of an Absent Parent under Oklahoma Law?
Are you wondering how long it takes to terminate the parental rights of a parent who has had no contact with their child? Tulsa attorney James Wirth is here to answer that question. Under Oklahoma law, terminating parental rights is a two-phase process that focuses on the best interest of the child. Unless someone else is stepping in as a parent or if the child is in a deprived child action seeking permanency, the court is unlikely to terminate a parent's rights. However, if a step-parent wants to adopt the child, there are certain criteria that need to be met, including 12 consecutive months of no contact or failure to pay child support. For personalized advice, contact James Wirth's office or visit makelaweasy.com. Read more »When You Remarry, Can Child Support Enforcement (DHS/CSE) Put a Lien on New Spouse's Property?
In today's blog post, Tulsa Attorney James Wirth addresses a common concern when it comes to child support enforcement: can they go after your new spouse's property? While the answer is generally no, there are certain circumstances where they may be able to. Wirth explains that the key is to keep your assets separate from your spouse's. If you have real property or a bank account that is solely in your spouse's name and has not been commingled, child support enforcement cannot place a lien or levy on it. However, if you have joint accounts or commingle assets, they may have access to those funds. It's important to handle your assets carefully and seek legal advice for your specific situation. Contact Wirth's office or visit MakeLawEasy.com for more information. Read more »Does Oklahoma's 6-Month Prohibition on Remarriage Begin When a Divorce Petition is Filed?
In Oklahoma, the six-month prohibition on remarriage after a divorce does not begin when the divorce petition is filed or when you separate from your spouse. It actually starts on the date when the court officially dissolves your marriage. During this period, it is illegal to remarry within the state of Oklahoma or even remarry out of state and reside together in Oklahoma. Although the offense of bigamy is rarely prosecuted, it is important to comply with the state's laws. If you have further questions about family law in Oklahoma, it is best to consult with an attorney privately and confidentially. To schedule a consultation with Tulsa Attorney James Wirth, visit MakeLawEasy.com. Read more »Can I Avoid Oklahoma's 6-Month Prohibition on Marriage if We Separated a Long Time Before Divorce?
Separation Doesn’t Matter Can I avoid Oklahoma’s six months prohibition on remarriage if my ex and I were separated a long time before divorce? I’m Tulsa Attorney James Wirth and that’s the question that we have. It is a statutory question. It is under Oklahoma Statutes Title 43, Section 123, and it provides that when […] Read more »What is APIP in Oklahoma?
APIP, or the Abusive Partners Intervention Program, is the new name for the Batterers Intervention Program (BIP) in Oklahoma. This program is often ordered as part of a sentence or probation for individuals charged with domestic violence. It is a 52-week program that requires weekly attendance at sessions. Failure to attend or missing a certain number of sessions can result in starting over or being kicked out. The program, provided by DVIS in Tulsa, covers 11 topics, including abuse and violence as a form of control, non-abusive communication techniques, and the effects of domestic violence on both the victim and the batterer. If you have further questions or need legal advice, contact Tulsa Attorney James Wirth at MakeLawEasy.com. Read more »What is a Gang Related Offense in Oklahoma?
Please note that the information provided above is not legal advice. It is a general overview of a gang-related offense in Oklahoma. If you have been charged with a gang-related offense or any other offense and have specific questions, it is important to consult with an attorney who can provide you with personalized legal advice based on your unique circumstances.
In Oklahoma, a gang-related offense is defined under Oklahoma law Title 21 Section 856.3. This statute, enacted in 2011, makes it a crime to commit a gang-related offense. According to the statute, any person who attempts or commits a gang-related offense as a condition of membership in a criminal street gang, or while in association with any criminal street gang or gang members, can be charged with a felony.
To understand what constitutes a gang-related offense, it is necessary to examine Title 21 Section 856. This section provides a list of offenses that are considered gang-related. It also defines a criminal street gang as any ongoing organization, association, or group of five or more persons that specifically promote, sponsor, assist in, or require the commission of certain criminal offenses as a condition of membership or continued membership.
The criminal offenses considered gang-related include:
1. Assault
2. Battery
3. Assault and battery with a deadly weapon
4. Aggravated assault and battery
5. Robbery by force or fear
6. Robbery or attempted robbery with a dangerous weapon
7. Homicide
8. Manslaughter
9. Sale, possession, trade, manufacture of controlled dangerous substances (CDS)
10. Trafficking illegal drugs
11. Arson
12. Influence or intimidation of a witness
13. Theft of a vehicle
14. Rape
15. Extortion
16. Transporting of a loaded firearm
17. Possession of a concealed weapon
18. Shooting or discharging a firearm
19. Soliciting another to commit an act of prostitution
20. Human trafficking
21. Possession of a firearm after former conviction of a felony
If you are charged with a gang-related offense or any other offense, it is crucial to seek legal advice from an experienced attorney. They can provide guidance on your specific case and help protect your rights. To schedule a consultation with an attorney at James Wirth Law Office, you can visit their website at makelaweasy.com. Read more »OCCA Changes the McGirt Rules Again: Defendant on Deferred Sentence Denied Relief. 2023 OK CR 20.
The Oklahoma Court of Criminal Appeals has issued a new ruling that further changes the application of the McGirt decision. In this case, the defendant, Dio, who had entered into a deferred sentence before McGirt, was denied relief. McGirt held that the Muscogee Creek Nation reservation was never disestablished, meaning that much of northeast Oklahoma is now considered Indian country. As a result, the state lacks jurisdiction to prosecute tribal members who commit crimes in that area. McGirt's conviction was vacated, but the state re-prosecuted him and imposed a new sentence. The US Supreme Court found that the state lacked authority to prosecute him, but later the Matloff decision stated that it only applied going forward as a new procedural rule. In Dio's case, he did not have a final conviction, so previous precedent would suggest that the state lacked jurisdiction. However, the court changed the rules again and stated that subject matter jurisdiction could be waived. The majority opinion redefines Indian country jurisdiction, effectively bypassing McGirt. Two judges dissented and criticized the majority decision. The ruling adds to the complexity of the law and contorts legal phrases to fit a results-based analysis. It is important for practitioners and individuals in similar situations to seek legal advice to understand how this ruling may impact their cases. Read more »Tulsa Attorney James Wirth Discusses Gun Rights for Those on Domestic Violence Restraining Orders with News on 6
Tulsa attorney James Wirth is weighing in on a case before the U.S. Supreme Court that could potentially restore gun rights to individuals with protective orders against them due to domestic violence. Currently, a 1994 law prohibits those under domestic violence restraining orders from possessing firearms. However, the case of U.S. v. Rahimi questions whether this law violates the Second Amendment. If the Supreme Court sides with Rahimi, alleged domestic abusers subject to protective orders could legally possess guns. While advocates for domestic abuse victims argue that the law is crucial for their safety, Second Amendment supporters believe it infringes on constitutional rights. The Supreme Court's decision is not expected until June. Read more »New York Times Reaches Out Again to Tulsa Attorney James Wirth
In the ongoing legal aftermath of 'Tiger King,' Tulsa lawyer James Wirth, from Wirth Law Office, was sought out once again by The New York Times for their May 20, 2021 article. The piece delves into the federal authorities' seizure of 69 big cats from Jeffrey Lowe and his wife at their Tiger King Park in Thackerville, OK. While Wirth declined to comment this time, the situation underscores the significance of robust legal representation and adept media handling. At Wirth Law Office, we prioritize our clients' trust and are prepared to provide tailored guidance and representation to secure the best outcomes for their future. Read more »Tulsa Attorney James Wirth's Interview with KTUL 8: Glenpool Teacher Suspended for Alleged Misconduct
In a recent interview with KTUL Channel 8, Tulsa attorney James Wirth shed light on a concerning incident at Glenpool Intermediate School. Allegations of inappropriate behavior were raised against math teacher Karl King, who was accused of touching a student inappropriately. As a result, King was swiftly suspended and an investigation was launched. Wirth emphasized the importance of determining the teacher's intent in such cases, citing factors such as the teacher-student relationship, previous incidents, witness testimonies, and subjectivity. At present, no charges have been filed against King, and the Superintendent of Glenpool Public Schools has chosen not to comment until further information is provided by the police, who are currently investigating the matter. Read more »Tulsa Attorney James Wirth Discusses Locust Grove Dog Mistreatment Lawsuit on KTUL Channel 8
Tulsa attorney James Wirth has shed light on a disturbing lawsuit gripping the small town of Locust Grove, Oklahoma. A resident has filed a multi-million-dollar lawsuit against the city and the police department, alleging severe mistreatment of dogs by law enforcement officers. The incident occurred when two officers responded to a complaint about dogs running loose on a resident's property. However, the owner claims the dogs were peacefully sitting in their front yard and posed no threat. The officers allegedly threatened the owner with fines or surrendering the dogs, ultimately shooting them both in the head. Wirth has highlighted the officers' disregard for proper procedures and the potential legal implications of their actions. Read more »Newsweek Asks Wirth Law Office to Explain Oklahoma Animal Abuse Law
Newsweek recently took advantage of Wirth Law Office's ongoing commitment to providing free online legal information. A Newsweek article reported an arrest involving an employee of a Tulsa dog groomer who was charged with felony animal abuse. Seeking clarity on Oklahoma's laws surrounding animal abuse, Newsweek turned to Wirth Law Office's comprehensive collection of articles on the subject. Our team is dedicated to ensuring that individuals are informed and aware of their legal rights. Read more »Tulsa Attorney James Wirth's KTUL Interview on Securing 10-Year-Old's Birth Certificate
Fortunately, Tulsa Attorney James Wirth stepped in to assist Willow's family during this tumultuous period. He recognized the complexities of the situation, explaining, "The laws can be complicated if you haven't worked in this before and you don't know how it works, it can be very difficult." James Wirth offered his legal expertise to help the family navigate these intricate legal hurdles, starting by sending a letter to Willow's school to facilitate her enrollment. Read more »
