Tulsa Attorney Blog
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 »Kansas Court Rules “Driving on Drug Corridor” Can’t Be a Factor in Detaining Motorist!
Kansas Court Rules “Driving on Drug Corridor” Can’t Be a Factor in Detaining Motorist! Learn more about this landmark ruling MakeLawEasy.com. Read more »HB 3270: Case Dismissed Cost to Defendant? Not Without Judicial Approval.
HB 3270: Learn about the new Oklahoma law on case dismissals. Find out who bears the cost and how judicial approval is now required. Read more »Kansas Two-Step Ruled Unconstitutional; So What About OHP's Consensual Encounters?
Kansas Two-Step ruled unconstitutional, raising concerns about Oklahoma's consensual encounters. Learn more from MakeLawEasy.com Read more »What Is Oklahoma Highway Patrol’s Consensual Encounter Tactic?
Learn about Oklahoma Highway Patrol's consensual encounter tactic and how it may violate constitutional rights. Talk to attorney James Wirth. Read more »The City of Tulsa Creates a Night Court on Thursdays
The City of Tulsa has introduced a new night court on Thursday evenings at the Tulsa Municipal Court. This initiative aims to assist individuals who work during the day and find it difficult to attend court for their traffic or city-related tickets. Starting from September 7th, a separate docket will be scheduled for Thursday nights, allowing working people to avoid taking time off work. The specific details of how the dockets will be handled are not yet known, but it is anticipated that the court will maintain its usual flexibility. Additionally, Spanish speakers will have the benefit of a free translator at the Thursday night docket. If you need legal advice or further information, it is recommended to consult with an attorney privately. Read more »How Do You Get Service if You Don’t Know Where the Defendant Is?
In the legal world, getting service on a defendant can be a challenge if you don't know their whereabouts. Tulsa Attorney James Wirth explains the process. Typically, you can serve someone through certified mail or by a process server, but what if you have no address or information? This is where service by publication comes in, but it's not automatic. You must demonstrate to the court that you've exhausted all other means of service. This may involve hiring a private investigator or conducting a skip trace. Once approved, you publish notice in a legal newspaper. If there is no response, you can obtain a default judgment. Remember, every case should have a means of service, even if it requires extra effort. If you're struggling with service, consult an attorney for advice tailored to your situation. Read more »The Best Time for a Father to Complete a Paternity Case Is When the Parents Are Getting Along!
In this blog post, Oklahoma lawyer James Wirth discusses the best time for a father to complete a paternity case. He emphasizes that the ideal time is when both parents are getting along. Wirth explains that many fathers reach out to lawyers when they are facing difficulties in their relationship with the mother. However, if the parents start getting along better, they may question the need for a costly court process. Wirth advises that even if things are going well, it is important to complete the case to establish enforceable rights and have a court order in place. He encourages readers to seek legal advice for their specific circumstances and provides information on how to schedule a consultation with his office. Read more »OCCA "Clarifies" How People Representing Themselves Will Be Treated. (M-2023-356).
In this blog post, Tulsa Attorney James Wirth discusses a recent clarification by the Oklahoma Court of Criminal Appeals regarding how people representing themselves will be treated in court. The case in question involved a person appealing traffic tickets and seeking guidance on court procedures. The court's response stated that individuals representing themselves will be held to the same standards as licensed attorneys, emphasizing the importance of legal knowledge and experience. Wirth highlights the challenges faced by pro se litigants and advises seeking legal help and advice if considering self-representation. To schedule a consultation with his office, readers are directed to visit MakeLawEasy.com. Read more »Tulsa Attorney James Wirth’s Interview with KTUL 8 about Oklahoma Mother’s Case Delayed by McGirt
The case involves an Oklahoma mother seeking justice for her five-year-old daughter, who was a victim of a shocking incident perpetrated by a 13-year-old boy. Despite the suspect's voluntary confession, the case encountered significant delays due to the McGirt v Oklahoma ruling, leading to a transfer of jurisdiction to Muscogee Creek Nation. Read more »New Law Makes It a Misdemeanor to Spy with a Drone in Oklahoma
New Oklahoma law that classifies spying with a drone as a misdemeanor. Learn more from our video series on new state laws. Read more »New Law Requires Better Reporting of Municipal Convictions in Oklahoma
Discover how a new law in Oklahoma mandates better reporting of municipal convictions. Learn more at MakeLawEasy.com. Read more »HB 3135: Misdemeanor Defendants Now Eligible for Community Sentencing under New Oklahoma Law.
New Oklahoma law, HB 3135, allowing misdemeanor defendants to receive community sentencing. Learn more from us at makelaweasy.com. Read more »New Law Makes it Easier for Convicts to Get Occupational Licenses in Oklahoma
Looking for occupational licenses in Oklahoma? HB 3002 makes it easier for convicts to get licensed. Contact us for more info. Read more »New Oklahoma Law Allows Complete Expungement of Two Felony Deferred Sentences
Learn about the new law in Oklahoma, HB 3024, allowing complete expungement of two felony deferred sentences. Read more »The Legal Dangers of Fentanyl Laced Meth in Oklahoma
In Oklahoma, the legal consequences of possessing fentanyl-laced meth can range from misdemeanors to life imprisonment. Tulsa attorney James Wirth explores this topic and sheds light on the state's laws surrounding drug possession and trafficking. While simple possession of meth is a misdemeanor carrying a maximum sentence of one year, possession of a certain amount can result in trafficking charges, regardless of intent to sell or distribute. The presence of fentanyl makes the situation even more serious, with just one gram of a fentanyl-laced substance qualifying as trafficking. Possessing five grams or more could lead to aggravated trafficking and potential life imprisonment. Wirth emphasizes the importance of seeking legal counsel in such cases to fully understand the potential consequences. Read more »Can Oklahoma Prosecute Indians for Crimes Against Non-Indians on the Reservation?
In a recent decision by the Oklahoma Court of Criminal Appeals, the question of whether Oklahoma can prosecute Indians for crimes against non-Indians on tribal territory has arisen. The court's majority opinion, based on the United States Supreme Court decision of Castro-Horta, suggests that the state may retain jurisdiction to prosecute an Indian for a crime against a non-Indian. However, this argument lacks authority and does not make much sense. The dissenting opinion argues that allowing the state to advance this novel theory of concurrent jurisdiction over Indians in Indian country would be injurious to tribal sovereignty. Currently, the answer to whether Oklahoma can prosecute Indians for crimes against non-Indians on reservation land remains uncertain, but legal analysis suggests that it is likely preempted. To obtain specific legal advice regarding your circumstances, it is recommended to consult with an attorney. Read more »Who Will I Be Working with While in the Drug Court Program in Tulsa?
If you’re in the Drug Court Program, you will not be working directly with staff of Tulsa County Courthouse. You’ll be working primarily with staff of the Drug Court Program. These are people who work alongside advocates and clinicians at such wonderful places as Action Steps or Family & Children’s Services. These are people who […] Read more »
