Tulsa Attorney Blog
What Is Assault & Battery under Oklahoma Criminal Law?
Assault and battery is a criminal offense in Oklahoma, punishable by up to 90 days in jail for a simple case. In this blog post, Oklahoma lawyer James Wirth breaks down the elements of the crime and what constitutes assault and battery. The law requires that the state proves each element beyond a reasonable doubt for someone to be convicted. These elements include the use of force or violence upon another person, without their consent and without self-defense. If you're being accused of assault and battery, it's best to consult a lawyer privately and confidentially to receive legal advice specific to your circumstances. Read more »If Your Girlfriend’s Pregnant How Can You Ensure You Get on the Birth Certificate in Oklahoma?
Learn how to ensure you get on the birth certificate if your girlfriend is pregnant. Attorney James Wirth explains the process in Oklahoma. Read more »Oklahoma Supreme Court Decides How McGirt Affects Deprived Child Jurisdiction (2023 OK 49).
The Oklahoma Supreme Court has made a decision on how McGirt affects jurisdiction in deprived children's proceedings in the state. Read more »McGirt: OCCA “Disregards Basic Principles of Law” to Resurrect Vacated Conviction & Sentence
In a recent decision, the Oklahoma Court of Criminal Appeals has been accused of disregarding basic principles of law to resurrect a vacated conviction and sentence. The case in question involves a member of an Indian tribe who was previously convicted in Tulsa County. Following the McGirt decision, it was established that the northeast part of the state of Oklahoma is still considered Indian country, which means the state lacks the authority to prosecute Indians for crimes. The defendant filed for post-conviction relief, and the sentence was vacated. However, the Oklahoma Court of Criminal Appeals completely reversed the decision, leading to the resurrection of the conviction and sentence. Read more »Why We Don’t Do Drafting Services at the Wirth Law Office
Find out why the Wirth Law Office doesn't offer drafting services. Tulsa Attorney James Wirth explains why and why it's not always helpful. Read more »By When Must the State Provide the Evidence against a Defendant in Oklahoma? (22 O.S. 2002)
Learn about the discovery process in Oklahoma criminal cases. Find out when the state must provide evidence against a defendant. Read more »What Is the Discovery Deadline in an Oklahoma Criminal Case?
Learn about the discovery deadline in an Oklahoma criminal case from James Wirth. Get the information you need for a fair trial. Read more »The Prosecutor Provides New Evidence Four Days before Trial! What Will the Oklahoma Court Do?
Discover the case of Renee Estrada versus the state of Oklahoma, with the prosecutor providing new evidence four days before trial. Read more »Preliminary Hearing Discovery: To What Is a Defendant Entitled in Oklahoma? (22 O.S. 258)
Learn about preliminary hearing discovery in Oklahoma criminal cases. Find out what the state is required to disclose to the defendant. Read more »Can Special Judges Hear Family Law Cases in Oklahoma?
Can special judges hear family law cases in Oklahoma? Yes, they can. However, there are limitations to their jurisdiction. Special judges, also known as magistrates, are the lowest level judges in the court system and are appointed by district judges. They can hear civil cases for the recovery not exceeding $10,000, uncontested default matters for the recovery of money where it's sought is a greater sum of $1,000, and actions for forcible entry and detainers, among other cases. When it comes to family law, they can handle all types of matters except for non-lawyer special judges. If you have questions related to family law in Oklahoma, it's best to consult with an attorney. Read more »How Much Money Do Oklahoma District Court Judges Make?
Find out how much money Oklahoma district court judges make with this simple answer from Tulsa attorney James Wirth. Read more »What Is a District Judge in Oklahoma?
What a district judge is in Oklahoma with Tulsa attorney James Wirth. Discover the responsibilities, roles, and salary of district judges. Read more »What Is an Associate District Judge in Oklahoma?
Role of an associate district judge in Oklahoma's trial level court. Get answers from Tulsa attorney James Wirth at makelaweasy.com. Read more »What Is a Special Judge in Oklahoma?
Special judges in Oklahoma from lawyer James Wirth. Special judges are appointed by district judges and handle lower-level proceedings. Read more »Criminal Statutes of Limitation Are Jurisdictional Bars to Prosecution in Oklahoma
Criminal statutes of limitations are a bar to prosecution. But what about in a criminal case? Does that deprive the prosecutor of the authority to prosecute, or is it on the defendant to determine that it's an issue and file a motion to dismiss? Tulsa attorney James Wirth breaks down the issue of statute of limitations in criminal cases and how they're treated in Oklahoma. In this informative post, he explores the precedent set by Cox v. State and the recent case of Starland v. Hill v. State of Oklahoma. If you're dealing with a criminal offense in Oklahoma, it's best to seek private, confidential advice specific to your circumstances. Read more »Are There Sentences Longer than Life in Oklahoma?
Did you know there are sentences longer than life in Oklahoma? According to attorney James Wirth, who practices in Tulsa, life in prison is not actually the longest sentence. In fact, the Oklahoma Department of Corrections defines life as serving 45 years. However, in cases where a jury can sentence someone to zero to life, they can technically give a person any number of years, even if it surpasses 45. This can lead to confusing and interesting results when juries don't understand the meaning of their sentencing. If you're facing a criminal case in Oklahoma, seek legal advice from an attorney like James Wirth for a better understanding of your options. Read more »Oklahoma Defendant Has the Option of 50 Years or Life in Prison: Which Should They Pick?
In a recent case, a defendant in Oklahoma was given the option of either life imprisonment or a 50-year sentence. The jury had recommended the 50-year sentence, but the judge decided to impose a life sentence because, for the purposes of determining parole, a life sentence is considered to be 45 years. The defendant appealed this decision and requested the 50-year sentence instead. Although a life sentence might seem preferable for the possibility of early parole, the defendant could potentially get out more quickly on a 50-year sentence if parole is denied. This case highlights the complexities of sentencing in the state of Oklahoma and the importance of seeking legal guidance in criminal cases. Read more »What is the End-Game of Tulsa Drug Court?
The aim of Drug Court in Tulsa is to reduce recidivism. This is done by providing alternatives to traditional criminal justice processes for individuals charged with drug-related offenses. Here are some common goals of Drug Court in Tulsa: Reduce drug use and related crimes – decrease the use of illegal substances and lower rates of crime […] Read more »Polygraph Lie Detector Results Are Inadmissible for Any Purpose in a Criminal Trial in Oklahoma
Polygraph lie detector results are inadmissible in criminal trials in Oklahoma. Learn more from James Wirth and a recent case example. Read more »Can I Get My Oklahoma Case Dismissed Because They Put My Name Wrong?
Can a mistake in your name lead to a dismissal of your Oklahoma case? According to Oklahoma lawyer James Wirth, the answer is no. While an incorrect name can cause problems, such as the potential for confusion in issuing a warrant, it is not grounds for dismissal. The state or prosecutor can easily correct the mistake without risking the case's dismissal. However, if the mistake led to a violation of speedy trial rights or other issues, there may be other defenses available. If you are facing criminal charges in Oklahoma, it is best to speak with an attorney to understand your options and potential defenses. Read more »What Is the Bill of Rights for Children of Divorce in Oklahoma Family Court?
As a child of divorce, it can be difficult to navigate the changes in family dynamics and understand your rights. The Bill of Rights for Children of Divorce in Oklahoma provides a guideline for parents to follow in order to ensure their children's well-being during and after a divorce. This includes the right to a continuing relationship with both parents, the right to express love for each parent without fear of disapproval, and the right to honest answers about the changing family relationship. Tulsa Attorney James Wirth explains the 10 rights outlined in the court form and advises seeking legal advice for individual circumstances. Read more »What Happens if a Prosecutor Obtains Footage of In-Custody Attorney/Client Meetings in Oklahoma?
Discover the legal implications of a prosecutor obtaining footage of in-custody attorney/client meetings in Oklahoma. Read more »Tulsa County Judge Ann Keele Is Stepping Down
Tulsa County Special Judge Ann Keele is stepping down from her position, confirmed by court clerk sources. Judge Keel was handling the protective order docket, which moves quickly compared to family law cases that can take years to resolve. Her departure will cause a gap in the docket, which Judge Ludi-Leitch will fill in the interim. However, this will leave Tulsa County short yet another judge, which could lead to further difficulties for the already busy dockets. If you are impacted by Judge Keel's departure, it is recommended to consult with an attorney. Read more »Tulsa County: Judge Huber's Cases are Being Reassigned to Judge Anthony Miller (Temporarily)
Tulsa County residents with family law cases: Judge Huber's cases have been reassigned to Judge Anthony Miller temporarily. Learn more here. Read more »What Is the Judicial Order of Proper Conduct Form in Tulsa County?
Learn about judicial order of proper conduct form in Tulsa County. James Wirth explains what it is and how it's used in child custody cases. Read more »
