Tulsa Attorney Blog
How Social Media Posts Can Ruin Your Legal Case: Attorney Tips
Are you caught in a legal battle and unsure how social media might impact your case? I'm Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, specializing in family and criminal law. Social media can significantly affect your case, often to your detriment. My advice? Don't post about your legal issues. Social media content can easily become evidence against you. I've seen cases crumble due to careless posts, from divorce dramas to criminal accusations. Remember, the right to remain silent isn't just for criminal situations. Think twice before posting, and if you have questions, feel free to reach out. I'm here to help. Read more »Private Child Adoption: Legal Process Explained by an Attorney
Considering adoption? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, here to guide you through the legal adoption process. Whether it's a stepparent, grandparent, or other guardian adoption, knowing the legal steps is crucial. If you're looking to terminate parental rights for a new adoption, the key factors include assessing the parent's relationship and support to the child over the past 14 months. The process involves filing a petition, serving the parents, and potentially going to trial if there's opposition. With thorough preparation, including home studies and background checks, a smooth adoption is possible. Contact me for more guidance. Read more »Non-Custodial Parent Rights: Navigating Custody and Decisions
Navigating a custody battle can be confusing, especially as a non-custodial parent. At Wirth Law Office in Tulsa, Oklahoma, attorney Carl Birkhead is here to clarify your rights. Understanding custody types is crucial—physical custody refers to who the child lives with, while legal custody involves decision-making authority. Even as a non-custodial parent, you may share legal custody, allowing you to partake in major decisions concerning your child's education, healthcare, and more. During visitation, you have the autonomy to make everyday parenting choices. If you need guidance or support throughout this process, Carl Birkhead is ready to assist you in making law easy. Read more »Why Contested Divorces Cost More: A Detailed Breakdown
Contested divorces are typically more costly due to the complexity and unpredictability involved. Unlike agreed divorces, where terms are settled amicably, contested cases require extensive legal work. Attorneys usually charge hourly, increasing costs as disputes over assets, child custody, and support prolong. Each party may engage in additional legal maneuvers, like discovery and depositions, further escalating expenses. The uncertainty of how much work a case will demand prevents upfront flat-fee arrangements. While most cases settle before trial, the potential for a drawn-out process with expert witnesses and investigations can significantly raise costs, making personalized legal consultation crucial. Read more »Expedite Stalled Visitation Cases: Effective Strategies & Tips
Navigating a family law case in Oklahoma can be frustrating, especially when visitation rights are delayed for years. The court system often requires active participation from the parties involved to push cases forward. If you're seeking visitation, it's crucial to file necessary pleadings and request a temporary order hearing to establish interim visitation rights. Setting a scheduling order can help avoid further delays by establishing clear deadlines for discovery, mediation, and pretrial activities. New laws effective November 1, 2024, aim to expedite temporary order hearings, offering hope for quicker resolutions. For personalized guidance, consider consulting with an attorney to develop a strategic approach. Read more »Can You Be Charged with Bigamy in Oklahoma? Legal Insights
A woman marrying a married man raises legal questions about bigamy in Oklahoma. Oklahoma statutes, specifically Title 21, Sections 881 to 884, address the crime of bigamy. Notably, both parties can be prosecuted if the woman knowingly marries someone already married, with potential penalties including imprisonment. Exceptions exist, such as if a spouse is absent for five years or if there's an annulment. Despite the clear laws, prosecutions are rare. For personalized legal advice, consulting an attorney is recommended. For a consultation with Tulsa attorney James Wirth, visit MakeLawEasy.com. Read more »Child Support Modification: Key Steps and Considerations Explained
Navigating child support modification can be daunting, but understanding the basics is crucial. My name is Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, specializing in family law. Whether due to job changes, shifts in custody, or evolving financial circumstances, modifications require a clear understanding of current legal orders and financial situations. I’ll guide you through reviewing your case details, from income changes to child custody arrangements, ensuring all factors like health insurance and daycare expenses are considered. If you're facing a child support modification, I'm here to help simplify the process. Contact us for a consultation. Read more »Mastering Motions to Quash: Key Insights for Felony Case
If you're involved in a felony case and confused about what a motion to quash means, you're not alone. I'm Carl Birkhead, an attorney at Wirth Law Office with seven years of experience in criminal law, and I'm here to clarify this crucial stage in the felony process. A motion to quash typically follows a preliminary hearing where the state has presented its case. If your attorney believes the state shouldn't have won at this stage, they might file this motion to challenge the ruling and seek dismissal. Understanding the legal elements involved can be complex, but I'm here to help make it easier. Read more »Navigating Preliminary Hearings: Tips for Success and Strategy
In this blog post, Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, demystifies the concept of a preliminary hearing in criminal law. Often perceived as a 'trial before the trial,' a preliminary hearing requires the state to demonstrate a basic justification for filing charges. Unlike a full trial, the burden of proof is lower, requiring only a preponderance of evidence. Carl shares insights from his seven years of practice, emphasizing a strategic approach to gather information for trial rather than aggressive cross-examination. If you're facing a preliminary hearing or have questions, Carl encourages reaching out for professional guidance. Read more »Demystifying Misdemeanor Cases: Your Guide Through Legal Steps
Facing misdemeanor charges and unsure of what to expect? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, specializing in criminal law for seven years. Let me guide you through the process. Misdemeanor cases differ from felonies primarily in that they're typically tried before one judge. Initially, you'll enter a plea, and the court could set an Allen hearing to ensure discovery is complete. At disposition, you'll decide whether to negotiate a plea or proceed to trial. If you're uncertain or need assistance, don't hesitate to contact me. I'm here to help make the legal process easier for you. Read more »Understanding Felony Charges: A Step-by-Step Legal Guide
Facing felony charges can be daunting, but understanding the process can ease some of the stress. I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, and I've been practicing criminal law for about seven years. My goal is to make law easy for you. A felony case typically begins with an arraignment, where you plead not guilty, followed by either a pre-preliminary hearing or a preliminary hearing. During this phase, your attorney will work on discovery and negotiations with the state. If unresolved, the case moves to a district court, potentially leading to a jury trial. For guidance, reach out—I'm here to help. Read more »What to Do If You're Running Late to Court: Essential Tips!
Running late to court can be stressful, but there are steps you can take to mitigate the situation. Carl Birkhead, an attorney with Wirth Law Office in Tulsa, shares essential advice for when life throws you a curveball. First, if you anticipate being late, promptly inform your attorney’s office or the court clerk. This communication allows your lawyer to update the judge, potentially preventing a warrant for your arrest. Courts may take a warrant under advisement if you've shown reliability in the past. Consistent communication is key. For more guidance on navigating court proceedings, reach out to Wirth Law Office. Read more »Navigating Tulsa County Courts: Tips for Family & Criminal Cases
Navigating the Tulsa County court system can be confusing, especially with varying courtroom locations for family and criminal cases. I'm Carl Birkhead, an attorney with Wirth Law Office, and I'm here to help guide you through this process. Whether you're dealing with family law on the sixth floor or criminal cases shifting between rooms, staying informed is crucial. Always check OSCN for courtroom updates and maintain communication with your attorney. Remember, being in the right place prevents unnecessary complications. If you have any questions, don't hesitate to reach out. Let's make law easy together. Read more »Probation Violations: Key Legal Insights and How to Handle Them
Are you on probation and worried about potential violations? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, here to simplify the legal process for you. When facing probation violations, you may encounter two key motions: an application to accelerate and a motion to revoke. Understanding these can be crucial. An application to accelerate affects those on deferred sentences, potentially leading to a guilty conviction. A motion to revoke pertains to suspended sentences and could result in jail time. It's vital to adhere to probation rules to avoid these situations. If issues arise, contact us for guidance. Read more »Master Courtroom Etiquette: Top 5 Tips for a Successful Hearing
Are you going to court and unsure how to act? I'm Carl Birkhead, an attorney with Wirth Law Office, here to guide you through my top five courtroom tips. First, dress appropriately—think Easter Sunday attire. Second, keep your cell phone off to avoid disruptions. Third, always address the judge as your honor to show respect. Fourth, don't speak unless spoken to, even if representing yourself. Lastly, be punctual to respect the court's time. Respect is key in all interactions. If you need guidance or reassurance, feel free to reach out. I'm here to help make law easy for you. Read more »Probation Pitfalls: How to Avoid Violations and Legal Trouble
Are you on probation and unsure about the consequences of not following the rules? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, specializing in family and criminal law. Many people overlook the conditions of probation, focusing only on avoiding jail time. However, adhering to probation requirements is crucial. Failing to comply can lead to warrants being issued for violations. I recently helped a client who faced multiple violations by proactively addressing the issue. It's essential to fully understand what you're agreeing to when accepting probation. If you're uncertain or have questions, contact me for guidance. Read more »Oklahoma Toughens Revenge Porn Laws with New House Bill 3639
Oklahoma has recently strengthened its revenge porn laws with House Bill 3639, effective November 1, 2024. This legislation simplifies the process of proving such cases by reducing evidentiary requirements. Notably, the need to prove the victim's age and intent to harass has been removed. Prosecutors no longer need to demonstrate that the person in the image is identifiable or that there was an intent to harass. Additionally, the bill enhances penalties, turning cases involving three or more images within six months into felonies, carrying up to 10 years in prison. If you're affected by these changes, consulting a legal expert is advisable. Read more »Do I Need to Share Tax Returns in an Oklahoma Divorce Case?
In Oklahoma divorces, whether you need to provide your tax returns to your ex can depend on several factors. Discovery rules in civil litigation allow parties to request relevant documents, including tax returns, if issues like child or spousal support are involved. Local rules may also mandate sharing certain financial documents at the outset of a case. Furthermore, annually, parties can request tax information under Title 43, Section 118.3. If such requests are ignored, courts might impose penalties. To navigate these requirements and protect sensitive information, consulting with a knowledgeable attorney is advisable. For guidance, visit MakeLawEasy.com. Read more »Overcoming Joint Custody Challenges: Tulsa Attorney's Advice
Navigating joint custody can be challenging, especially when one parent uses it to control decisions related to the children. As a Tulsa attorney, I often encounter situations where joint custody isn't working because one parent refuses to approve important matters like mental health and dental care for the kids. If communication breaks down and compromises can't be reached, it may be time to consider terminating joint custody. This involves demonstrating a change in circumstances to the court. Alternatively, appointing a parenting coordinator might offer a faster, cost-effective solution. For personalized guidance, visit makelaweasy.com to consult with our legal team. Read more »Navigating Pre-Court Orders: Tips for Family Law Cases
If you find yourself in an Oklahoma family law case where a judge is issuing orders before your scheduled court date, it can be confusing and concerning. It’s crucial to understand that not all motions require a hearing to be decided. Oklahoma statutes allow some motions to be granted or denied without a hearing, especially in busy courts. Temporary orders, common in family law cases, often don’t require full hearings and aren’t easily appealed. If you're unsure of your next steps or feel your rights are compromised, consulting an experienced attorney can provide clarity and strategy for your specific situation. Read more »How to Select the Best Criminal Defense Attorney in Tulsa
Looking for a criminal defense attorney in Tulsa? Consider who other lawyers would hire. I'm Tulsa Attorney James Wirth, and I've had the privilege of representing colleagues facing criminal charges. Twice, practicing attorneys have trusted me with their defense, achieving results with no convictions or records. While each case is unique, this trust from fellow lawyers speaks volumes. When choosing a defense attorney, opt for someone respected by peers in the legal field. If you're facing legal challenges, reach out to my office for a consultation. Visit MakeLawEasy.com or call us to schedule an appointment. Let us help you navigate your legal situation. Read more »Oklahoma Service by Publication: Timeline, Costs & Legal Steps
In Oklahoma, service by publication is a method used when traditional means of serving a lawsuit, like via a process server or certified mail, are unsuccessful. As outlined in Title 12, Section 2004(C)(3), service by publication must appear in a legally approved newspaper in the relevant county once a week for three consecutive weeks. The process typically takes a minimum of 41 days from the first publication date. Costs vary by newspaper, generally ranging from $60 to $120. For detailed guidance or legal advice, consulting a qualified attorney is recommended. Visit MakeLawEasy.com to schedule a consultation. Read more »Exploring Costs: Default Divorce Process in Oklahoma Explained
If you're considering filing a default divorce in Oklahoma, understanding the costs involved is crucial. A default divorce occurs when one party doesn't respond to the divorce petition, allowing the court to grant the divorce based on the filing party's requests. Filing fees typically start at $270, but representation costs can vary. At Wirth Law Office, we use evergreen retainers, requiring an upfront payment, often between $3,500 and $5,000, billed hourly. If the divorce proceeds without complications, remaining funds are refunded. For personalized advice on your divorce case, visit MakeLawEasy.com to schedule a consultation. Read more »Default Judgment Steps When Ignored: Oklahoma Legal Insights
Dealing with a non-responsive defendant in Oklahoma can be challenging, but the law offers solutions. When traditional service methods like process servers, the sheriff's office, or certified mail fail, you can seek court permission for service by publication. Once served, defendants typically have 20 days to respond, or 41 days from the first publication date. Failure to respond places them in default, allowing you to request a default judgment. While some judges may sign off on this directly, others might require a motion or hearing. It's crucial to consult with an attorney to navigate these processes effectively. Visit makelaweasy.com for legal assistance. Read more »Navigating DHS Investigations: What You Need to Know
Are you being investigated by DHS and feeling anxious about what comes next? I'm Carl Birkhead, an attorney with Wirth Law Office, here to guide you through the process. When DHS investigates, it can be intimidating, but it's important to know they often try to work with families before resorting to removal. Depending on the situation, they offer home-based services and assistance to address concerns without taking children into state custody. Misunderstandings abound, but having an attorney early can help negotiate and alleviate issues. If you're facing a DHS investigation, reach out to us for support and legal guidance. Read more »
