Tulsa Attorney Blog
Mastering Depositions for Success
Depositions play a pivotal role in both criminal and civil cases, such as divorce and child custody disputes. They are akin to a mini-testimony, conducted without a judge or jury but with a court reporter and both attorneys present. Individuals are under oath, and dishonesty can lead to perjury charges. Depositions allow attorneys to gauge how witnesses may perform at trial and help solidify testimonies, which can be crucial if discrepancies arise between deposition and courtroom statements. Furthermore, deposition testimony can sometimes be used at trial if a witness is unavailable. Despite their cost, depositions are invaluable legal tools that can significantly influence a case's outcome. Read more »Controlled Dangerous Substances
Understanding the distinction between possession and trafficking charges for controlled dangerous substances (CDS) is crucial. The difference often hinges on three factors: quantity, paraphernalia, and statements made to authorities. Quantity addresses whether the amount is for personal use or distribution. Paraphernalia such as scales or baggies can imply intent to sell. Statements made to law enforcement can escalate charges from simple possession to trafficking. Exercising the right to remain silent is essential, as even innocent explanations can complicate legal situations. Navigating these complexities requires expertise to ensure the best possible legal outcomes. Read more »When Can Police Search Your Car?
When can the cops search your car without a warrant? The legal principle is clear: you do not have to permit police to search your car. Without a warrant, you are within your rights to refuse a search request. An attorney would advise against consenting, as refusal is legally sound and doesn't lead to immediate consequences. If denied, officers might call a K-9 unit, but without a warrant or visible cause, they can't search. The plain view doctrine allows searches based on visible evidence. Knowing these rights is crucial, as unexpected discoveries could complicate situations during a search. Read more »Job Hunting With Criminal Record
Navigating employment opportunities with a criminal record can be daunting, but there are strategies to improve employability. Individuals facing unresolved criminal proceedings might benefit from negotiating a deferred sentence to avoid a conviction. This arrangement allows them to truthfully state they have not been convicted, despite being on probation. For those with existing convictions, job prospects vary by offense type and industry. Expungement offers another avenue, potentially erasing certain convictions from records after completing sentences. While serious crimes might not qualify, many offenses can be expunged, removing them from background checks and easing the path to secure employment. Read more »Courtroom Dos & Don'ts
Navigating the courtroom can be daunting, but understanding basic etiquette can make the experience smoother. In a transcribed video, a Tulsa criminal attorney, Carl Birkhead, breaks down courtroom behavior with insights from his young son, Jackson. Key takeaways include dressing in clean, presentable clothing and maintaining a respectful demeanor. Jackson emphasizes being quiet and addressing the judge as “Your Honor” to show respect. Avoid distractions like loud devices, and wait patiently for your turn to speak. According to Jackson, staying calm and respectful is essential, and even a six-year-old can grasp these fundamentals, so there's no need to feel intimidated. Read more »Traffic Stop Survival Guide
Getting pulled over is never a good feeling. Those flashing red and blue lights can make anyone's heart race. It's natural to feel nervous or frustrated, but it's important to stay calm and composed. Traffic stops can occur for a variety of reasons, from a broken taillight to speeding or even a minor obstruction in your view. In these situations, you're caught in a tricky spot—you're not under arrest, yet you're not free to go. The key is to watch your words and remain polite, regardless of the officer's demeanor. Have your license and insurance ready, and be aware of your rights. Read more »Plea Deals & Probation
In facing criminal charges, the foremost concern for many is avoiding jail time. Fortunately, there are various ways to circumvent incarceration without incurring the hefty expenses of a jury trial. One approach is a deferred sentence, where a guilty or no contest plea leads to probation instead of immediate conviction. Successful completion of probation can result in case dismissal and expungement. Alternatively, a suspended sentence involves an immediate conviction but replaces jail time with probation. Lastly, a blind plea might be considered, where sentencing is left to the judge's discretion, often yielding unexpectedly favorable outcomes. Read more »Surviving DUI Checkpoints
Approaching a DUI checkpoint can be daunting, but preparation is key. To avoid trouble, ensure you have a designated driver or alternative transportation if you plan to drink. At the checkpoint, keep your license and insurance readily accessible to avoid any last-minute scrambling. Politeness and cooperation are crucial, but remember not to divulge unnecessary details. Simple responses about your destination are sufficient, and it's important never to admit to drinking. Should questioning intensify, assert your Fifth Amendment right to remain silent. These strategies may not completely prevent an arrest but can significantly aid your defense if needed. Read more »Perjury 101: Lying Under Oath
Perjury, let's talk about it, pun intended. Perjury involves knowingly lying under oath, whether in court testimony, depositions, affidavits, or any notarized document where the truth is sworn. The penalties for committing perjury in Oklahoma are significant. If perjury occurs during a felony trial, the prison sentence can range from 2 to 20 years. For any other court proceedings, the sentence is 1 to 10 years, and in cases involving affidavits or depositions, the sentence can be up to 5 years. The advice is simple: do not lie under oath, as it's not worth the risk. Read more »Aggravated Assault: Know The Risks
Aggravated assault and battery occur when an attack results in serious injuries, such as broken bones, internal damage, permanent disfigurement, or brain trauma—anything necessitating hospitalization or causing lasting harm. The law also considers it aggravated if the victim is elderly or mentally incapacitated, regardless of the force used. Self-defense in these cases can be complex. If you're significantly stronger or healthier than the attacker, causing serious injury might escalate the charge. Simple altercations initially charged as misdemeanors can become felonies if medical issues develop later. It's always advisable to avoid physical confrontations when possible. Read more »Tribal Jurisdiction & Your Case
The Department of Justice has recently taken legal action against two Oklahoma district attorneys for prosecuting cases that should have been tried in federal or tribal courts. This situation underscores the complexities of jurisdiction, especially following the landmark McGirt case. This pivotal case determined that crimes committed by Native Americans on tribal land fall under federal or tribal jurisdiction, not state. The ruling has significantly altered Oklahoma’s legal landscape, causing both confusion and adaptation within the justice system. It highlights the importance of understanding jurisdictional nuances, especially for Native American individuals facing legal charges. Read more »Kidnapping Charges & Defenses
In an informative discussion about kidnapping charges, the video explains the intricacies of the offense and potential defenses. Kidnapping is defined as unlawfully confining someone against their will for a prolonged period or coercing them to leave the state. It may also involve selling an individual into slavery. A viable defense to these charges is consent, particularly if the victim is over 12 years old and agreed voluntarily without fraud, threats, or coercion. The resolution of such cases often hinges on whether the victim's compliance was voluntary or pressured, emphasizing the importance of evidence and circumstances in legal proceedings. Read more »Prevent Assault Charges Now
Assault and battery with a deadly weapon involves the intentional use of a weapon capable of causing serious harm, such as firearms, knives, or vehicles used deliberately to strike someone. Unlike charges requiring intent to kill, this offense focuses on the knowledge that the weapon could cause deadly force. For instance, if an argument escalates and shots are fired to intimidate, it may still qualify as assault and battery with a deadly weapon. Intent is crucial in these cases, impacting the formation of a defense. Understanding the details and the role of prior threats or sudden escalation is essential for those facing such charges. Read more »Shots Fired: Understanding Intent To Kill
Shooting with intent to kill is a grave offense that involves firing a weapon—be it a firearm, crossbow, or similar device—at another person with the deliberate aim of causing death. Prosecutors bear the burden of proving both the act of shooting and the intent to kill. This crime can result in a life sentence and applies if a vehicle facilitates the shooting, with a minimum penalty of two years. Defenses often revolve around intent, questioning whether the shooter intended a fatal outcome or merely harm. Critical evidence includes spoken words, the altercation's tone, and witness accounts to determine intent. Read more »Burn Notice: Fourth-Degree Arson Charges
Fourth-degree arson refers to the attempted burning of structures or items protected under higher degrees of arson laws. First-degree arson involves intentionally setting fire to an occupied building or a person, while second-degree targets uninhabited structures. Third-degree deals with the deliberate burning of property valued over $50, including vehicles and crops. In contrast, fourth-degree arson is charged when someone tries but fails to set fire to these properties. This charge, though based on an attempt rather than a completed action, carries serious penalties, such as up to 10 years in prison or a $5,000 fine, necessitating immediate legal consultation. Read more »Legal Heat: Third-Degree Arson Charges
Third-degree arson is distinct from first and second-degree arson primarily because it involves the intentional burning of anything other than a structure, such as vehicles, boats, or crops, and the property must be valued over $50. The critical component of this offense is the intent to destroy or damage through fire or explosives. Accidental incidents, like an engine catching fire due to neglect, do not meet the criteria for arson as they lack intent. Despite being classified as third-degree, the charge carries severe repercussions, including up to 15 years of imprisonment and a $10,000 fine, reflecting the seriousness of the offense. Read more »Fire Facts: Second-Degree Arson Charges
Second-degree arson involves the intentional burning or explosion of an uninhabited structure, distinguishing it from first-degree arson, which pertains to inhabited buildings or harm to a person. This charge can apply if a fire results from manufacturing controlled substances, and even burning one's property, like an abandoned barn or shed, can lead to an arson charge if done willfully. The crime requires specific intent, excluding accidental fires. Convictions carry severe penalties, including up to 25 years in prison or a $20,000 fine, emphasizing the seriousness of this offense within the criminal justice system. Read more »Stay Safe: Prevent First-Degree Arson
Arson charges are categorized into four degrees, each with serious legal implications. First-degree arson specifically involves the intentional burning or explosion of an inhabited building or a person. This charge is applicable when someone knowingly sets fire to a structure with occupants or intentionally ignites a person, aiming to cause harm. Accidental fires, like those from a forgotten oven, are not classified as first-degree arson. The severe nature of first-degree arson means it carries heavy penalties, including fines up to $25,000 and prison sentences reaching 35 years. Legal representation is essential for navigating these complex and serious charges. Read more »Quick Guide: Handle Evidence In Court
Introducing evidence in court is a crucial aspect of any trial. In most cases, while your attorney manages the introduction of exhibits, your role is to confirm the authenticity of materials like screenshots. It's essential to verify that the evidence provided remains unaltered. Your attorney will then present these details to the court, strategically using the evidence to bolster your case. This phase allows attorneys to creatively employ exhibits, ensuring they're advantageous to the client's objectives. Understanding this process and collaborating with your legal team can help make the experience both effective and engaging. Read more »Stay Calm: Conquer Cross Examination
Cross-examination can be a daunting part of any trial, but understanding its purpose and process can ease nerves. Following your attorney's questioning, the opposing counsel aims to challenge your testimony by probing for inconsistencies. Their objective is to undermine your credibility and make your case appear weaker. It's crucial to respond honestly and concisely, avoiding the trap of lengthy explanations or arguments. For instance, a client mistakenly admitted to an unintended crime during cross-examination by straying from concise responses. Always trust your attorney to clarify any confusion during redirect examination, reinforcing your testimony and maintaining the integrity of your case. Read more »Be Confident: Crush Your Testimony
Testifying in court can be nerve-wracking, even for seasoned individuals. The key to effective testimony is approaching it as a conversation rather than an interrogation. Focus on your attorney, not the judge or opposing counsel, to maintain clarity and confidence. If a question is unclear, ask for clarification. Requesting a slower pace from your attorney is also acceptable. Honest responses are crucial; if unsure, it's better to admit uncertainty than guess. Trust in your attorney's guidance, as their role is to ensure your testimony is presented effectively. Open communication and focus can significantly ease the process. Read more »Win The Case: Be Respectful in Court
Navigating courtroom etiquette is crucial for anyone involved in legal proceedings. Observations from a seasoned Tulsa criminal lawyer highlight common pitfalls, such as disrespecting the judge, which can have serious repercussions. In one instance, a defendant with a history of citations repeatedly interrupted the judge, addressing him informally and questioning the need for legal representation. This behavior only served to frustrate court proceedings and diminish his standing. Respecting the authority of the court is imperative, regardless of personal feelings towards the judge. Proper courtroom conduct involves addressing the judge with appropriate titles and following court instructions, as this can significantly impact the outcome of a case. Read more »Save Money: Avoid Legal Battles
An ounce of prevention is worth a pound of cure, especially when it comes to potential litigation. A recent case involved a client entangled in a heated altercation that escalated from an exchange of ideas to serious threats. Despite exercising her right to free speech, the situation could have been avoided with a simple block button. The principle of winning an argument often leads to unnecessary stress and costly legal battles. Avoiding confrontation by disengaging can prevent the need for protective orders and legal fees. Prioritizing personal safety and peace of mind ensures a happier, less stressful life. Read more »Court Prep: Advice from Tulsa Attorney
Preparation is key in legal proceedings, as demonstrated by a recent case where thorough client cooperation was pivotal. The attorney, with years of experience in family and criminal law, emphasizes the teamwork required between lawyer and client. In a recent example, clients provided over 1,000 pages of organized documents on short notice, enabling the legal team to prepare efficiently for trial. This meticulous groundwork allowed for a strong court presence, resulting in a favorable settlement without the need for litigation. Such collaboration underscores the importance of readiness and partnership in achieving successful legal outcomes. Read more »Key Points: Avoid Holiday Arrests
The holiday season can be unexpectedly challenging when it comes to legal issues. Many find themselves in trouble due to impulsive decisions during this festive yet stressful time of year. It's a period marked by emotions ranging from joy to depression, often leading to behaviors that result in arrests. Courts are frequently closed for holidays, meaning those arrested may face extended stays in custody before seeing a judge. To avoid legal pitfalls, it's crucial to exercise caution, especially with alcohol consumption. Staying home, avoiding conflicts, and planning safe transportation can make a significant difference in ensuring a trouble-free holiday season. Read more »
