Tulsa Attorney Blog
What Is an Out-Of-Service Order Violation for CDL Holders in Oklahoma?
An out-of-service order violation can be a serious offense for commercial drivers in Oklahoma. According to attorney James Wirth, this violation occurs when a CDL holder is caught driving a commercial vehicle while under an out-of-service order. The consequences of this violation depend on factors such as hazardous material transportation, operating a vehicle designed for 15+ passengers, and involvement in a railroad crossing. The first offense can lead to a 90-day disqualification, while a third conviction within 10 years may result in a three-year disqualification. It's important to seek the advice of a Tulsa CDL lawyer if you're facing these circumstances to protect your livelihood. Read more »Oklahoma Attorney General Advises Ottawa County District Attorney to Continue Prosecuting Indians
The Attorney General of Oklahoma has advised the District Attorney of Ottawa County to continue prosecuting Indians, despite a judge's ruling that the state lacks jurisdiction. This issue arises from the McGirt ruling by the United States Supreme Court in 2020, which stipulated that Indian reservations established by Congress cannot be disestablished without clear evidence of congressional intent. The ruling means that Indians alleged to have committed crimes within such reservations cannot be prosecuted by the state, but must be prosecuted either by the tribe or by federal courts. In Ottawa County, various tribes assert that they were not disestablished and that Indians cannot be prosecuted by the state. The Attorney General's letter has sparked controversy, with some alleging that it suggests that the AG and the prosecution are above the law. Read more »What is the Felony Murder Rule in Oklahoma?
The felony murder rule in Oklahoma can result in a conviction of first-degree or second-degree murder without actually committing the killing. This rule applies when a death occurs as a result of an act in the commission of another felony committed by a person engaged with the defendant. Underlying crimes such as forcible rape, robbery with a dangerous weapon, or trafficking and illegal drugs can all lead to a charge of first-degree murder. If the felony offense is different and results in death, the charge could be second-degree murder. This rule makes it easier for prosecutors to convict without having to prove intent. If you are facing such an allegation, it is advisable to seek legal advice. Read more »Should the Felony Murder Rule in Oklahoma Be Repealed?
The Felony Murder Rule in Oklahoma is a controversial topic that has sparked debate in the legal community. This rule allows someone to be charged and found guilty of murder even if they did not intend or cause the death of the person. The recent case of Oklahoma v. Pleasant has brought this issue to the forefront, where an inmate is being charged with murder for releasing other prisoners as part of a kidnapping. Tulsa attorney James Wirth questions whether this rule makes sense in Oklahoma and believes that people should only be charged with crimes that they have committed with intent. Share your thoughts on this issue and seek legal advice if you're facing a similar circumstance. Read more »When Is the Best Time in an Oklahoma Criminal Case for Plea Negotiations?
Strategic planning and finding common ground between both sides can lead to favorable plea deals that save time and avoid lengthy trials. Read more »What Is Termination in a Tulsa Drug Court Program?
What is Drug Court in Tulsa? Drug court is an alternative to traditional criminal justice proceedings, specifically designed for individuals with substance abuse issues. Tulsa, Oklahoma, like many other jurisdictions in the United States, has a drug court program aimed at addressing the root causes of drug-related offenses and reducing recidivism. The Tulsa Drug Court […] Read more »You Don’t Have to Appear for a Criminal Misdemeanor Arraignment in Oklahoma IF You Have a Lawyer
The law states that for misdemeanors, defendants can be represented by their defense counsel during the arraignment. Read more »When You Have the Right to Remain Silent, the State of Oklahoma Can’t Talk about It!
The Fifth Amendment protects a person's right to remain silent and not incriminate themselves. This includes not being compelled to testify. Read more »Oklahoma Drug Dog Myths #5: K9 Handler Officers Are Highly Trained and Professional
While officers and dogs undergo training, there is no strict science on how a dog alerts and alerts can be subjective to the officer. Read more »Will I Be Terminated from the Tulsa Drug Court Program if I Commit Another Offense?
What is Drug Court in Tulsa? Drug court in Tulsa provides non-violent drug offenders the option to forgo jail time in favor of receiving drug treatment. Participants in the program are closely watched through regular alcohol and drug testing designed to promote complete abstinence from substances. The treatment program is extremely regimented, has well-defined therapeutic […] Read more »What Offenses Qualify for Drug Court in Tulsa County?
Today, we will delve into offenses that qualify for Tulsa drug court—a judicially supervised court docket aiming to reduce recidivism and substance abuse among nonviolent offenders. Tulsa Drug Court: An Overview Before we discuss what offenses qualify for drug court in Tulsa County, let’s first understand what drug court is. Drug court programs are designed […] Read more »Winning Against All Odds: A Client's Story of Triumph and Justice
If you're needing a lawyer who will fight for your rights and help you move forward after a difficult legal situation, call Wirth Law Office. Read more »Death Row Dilemma: KTUL News Channel 8 Interviews Tulsa Attorney James Wirth on Richard Glossip
Attorney General Drummond recently asked the Court of Criminal Appeals to vacate the conviction due to undisclosed information. Read more »What Is Drug Court in Tulsa County?
Drug Court in Tulsa: An Alternative to Prison Drug court is a diversionary program where, instead of going through the regular process of prosecution and serving a sentence, defendants are allowed to carry out treatment for their substance abuse issues as well as any other issues they’ve been having through the treatment overseen by the […] Read more »Is Child Abuse a Crime in Oklahoma?
Child Abuse in Oklahoma is a Serious Offense Child abuse is a sad reality. It occurs all around the world, and Oklahoma is no exception. Oklahoma takes this offense extremely seriously and so, in an effort to deter it as much as possible, attaches severe penalities to the act. But the punishments can vary quite […] Read more »Oklahoma Law: Can the Custodial Parent Move if There Is a Child Custody Order in Place?
The custodial parent would need to provide notice to every other person who is entitled to custody or visitation rights. Read more »Shared Custody in Oklahoma: How to Determine Child Support Payments
Child support is determined by a statutory formula that takes into account each parent's income and expenses. Read more »What Is the Parenting Plan Conference in Oklahoma?
The Parenting Plan Conference is a conference that occurs in the early stages of divorce when minor children are involved. Read more »What Is a Temporary Order in an Oklahoma Divorce Case?
In a divorce case, a temporary order is a legal arrangement made while waiting for the divorce to be finalized. Read more »What Is a Suspended Sentence in Oklahoma?
A suspended sentence is a legal penalty in which the defendant is convicted of a crime, but the sentence is postponed or suspended. Read more »Can the Oklahoma Police Stop Someone and Search Them without a Good Reason?
If police conduct a search without probable cause and find evidence, that evidence will be inadmissible in court. Read more »Drug Dog Myth #6: Legalization of Medical Marijuana Doesn’t Change Anything
While a ruling by the OCCA says that the sight or odor of marijuana could form probable cause, this no longer applies to marijuana licensees. Read more »Oklahoma Drug Dog Myth #4: Drug Dogs Alert to Drugs, Not Handlers
Drug dogs are trained to smell narcotics and alert to them, but they may also be influenced by their handlers. Read more »Oklahoma Drug Dog Myth #3: Drug K9s Are Highly Trained and Accurate
The basis for alerts is subjective, with handlers trained to interpret a variety of behaviors as an alert, some of which are contradictory. Read more »Oklahoma Drug Dog Myth #2: There Are No False Positives
Drug dog myth number two is that there are no false positives, which is a commonly believed myth propagated by K-9 officers and handlers. Read more »
