Tulsa Attorney Blog
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 »
Why It Is So Important to Raise and Preserve Objections at an Oklahoma Trial?
Learn from Tulsa lawyer James Wirth why it's crucial to raise and preserve objections at an Oklahoma trial. Read more »
What Is a Testimonial Statement When Dealing with the Confrontation Clause in Oklahoma?
Testimonial statements and the Confrontation Clause in Oklahoma with Tulsa lawyer James Wirth. Find out when it applies and its limitations. Read more »
What Is a Non-testimonial Statement When Dealing with the Confrontation Clause in Oklahoma?
Non-testimonial statements and the Confrontation Clause in Oklahoma with Attorney James Wirth. Watch this informative video for more details. Read more »
What Happens if My Right to Confrontation Was Denied at an Oklahoma Trial?
If your right to confrontation is denied at an Oklahoma trial with lawyer James Wirth. Contact his office or visit makelaweasy.com for help. Read more »
What Are the Stages of Drug Court in Tulsa County?
What is Drug Court in Tulsa? Drug court is a diversionary program in which defendants are allowed to receive treatment for their substance abuse difficulties as well as any other issues they’ve been having through the therapy reviewed by the court rather than going through the ordinary procedure of prosecution and serving a sentence. In […] Read more »
What Is a Traffic Conviction for Oklahoma Commercial Drivers?
Confused traffic conviction for Oklahoma commercial drivers? Attorney James Wirth explains the expanded definition in state and federal law. Read more »
When Can a Dismissal Be a Conviction under Oklahoma Law? When You Have a CDL!
When a dismissal can be a conviction under Oklahoma law if you have a CDL. Learn from Tulsa Attorney James Wirth in this informative post. Read more »
When Is Blowing .04 the Same as a DUI? When You Have a CDL in Oklahoma!
Blowing a.04 can lead to DUI charges for commercial drivers in Oklahoma. Contact Tulsa Attorney James Wirth for legal advice on CDL laws. Read more »
Victory in Court: How We Fought for Attorney's Fees from the State of Oklahoma
Oklahoma lawyer James Wirth recently won a victory in court, securing attorney's fees from the state of Oklahoma. In a forfeiture case, the state alleged that someone was dealing CDS and drugs on Wirth's client's property, but Wirth argued that his client had no knowledge or consent of the alleged activity. Despite winning the case, Wirth also fought for attorney's fees and was successful in getting the state to pay $3,500. This victory highlights recent changes in the law that allow for prevailing party attorney's fees in forfeiture cases. If you're facing a similar situation, consult with an experienced attorney to protect your rights. Read more »
What Is a Work Permit or Hardship Driver’s License in Oklahoma: Provisional Driver’s License?
Explore the availability of work permits and hardship driver's licenses in Oklahoma by consulting Tulsa attorney James Wirth. Read more »
There Are No Hardship or Work Permits for Commercial Drivers’ Licenses in Oklahoma
If you require legal guidance regarding CDL , reach out to lawyer James Wirth for assistance with your case. Read more »
What Are “Serious Traffic Offenses” for Commercial Drivers in Oklahoma?
If you're a CDL holder, there are various types of traffic offenses that can lead to major or serious offenses. Read more »
What Is a “Major Violation” for Commercial Drivers in Oklahoma?
As a commercial driver in Oklahoma, it's important to understand what constitutes a major violation. These are the violations that could lead to the loss of your commercial driving privileges for up to one year, and they include driving or being in actual physical possession of a commercial vehicle with a blood alcohol level of.04 or more, refusal to submit to a chemical test, hit and run accidents, and any felony involving the use of a commercial vehicle. Additionally, a second conviction for any of these offenses results in a lifetime disqualification. If you're facing a major violation or serious traffic offense, it's crucial to speak with an experienced attorney. Read more »
Power of Attorney for Custody vs. Guardianship in Oklahoma
Learn about the differences between Power of Attorney for custody and guardianship in Oklahoma with attorney James Wirth. Power of Attorney for custody is a template that allows a parent or legal custodian to delegate decision-making authority to a third party, while guardianship is a court proceeding that takes away decision-making authority from the parents or legal custodians and vests it with the guardians. Power of Attorney for custody lasts for a maximum of one year and can be terminated at any time by the legal custodian, while guardianship can go on indefinitely and must be terminated by the court. Seek legal advice to determine the best option for your specific circumstances. Read more »
Power of Attorney (POA) vs. Guardianship in Oklahoma
As we get older, it's important to plan for the future and consider who will make decisions for us in the event that we can't do it ourselves. In Oklahoma, there are two options: power of attorney and guardianship. While both give someone else the authority to act on our behalf, there are important differences to consider. Power of attorney can be effective immediately and is executed outside of court, while guardianship requires court approval and is only necessary if the person cannot make decisions for themselves. It's important to plan ahead and work with an attorney to determine which option is best for you and your loved ones. Read more »
What Is an Out-Of-Service Order for an Oklahoma Commercial Driver?
Learn about out-of-service orders for Oklahoma commercial drivers. An out-of-service order is when law enforcement or an inspector from the Department of Transportation orders you not to drive a commercial vehicle for a specified amount of time due to a violation of federal law. This can be based on your condition, how many hours you've been driving, or other potential violations. The specified period of time can range from 24 hours to months or even longer. To rectify the situation, you may need to comply with certain regulations before being allowed to drive again. If you need legal assistance with an out-of-service order or other commercial driving issue, contact an attorney at MakeLawEasy.com. Read more »