Tulsa Attorney Blog
Tulsa Nursing Home Neglect Attorney Wins $1 Million Settlement
On July 6, 2015, Ms. Wendy Bristow* died at age 74 at Westbrook Healthcare, Inc. in Waurika, OK. Perhaps the most tragic thing about Ms. Bristow's death is that it was completely preventable. It was about 20-30 minutes from the time Ms. Bristow started choking to the time someone called 9-1-1. If they had made that emergency call right away, she could still be alive. It's important to understand that this wasn't an isolated event. Ms. Bristow had been suffering from neglect at Westbrook for a year. This incident, her final incident, is what brought on legal action. Read more »
What are Miranda Rights?
You've got the right to remain silent. Anything you say or do may be used against you in a court of law. You've got a right to an attorney. Read more »
Is DUI a Felony in Oklahoma?
Is DUI a felony? And the answer is that is it depends. A first offense DUI is always a misdemeanor in the state of Oklahoma. Read more »
Will I Lose My License Because of DUI?
The answer is maybe, and it depends on the circumstances and what you qualify as a loss of your license. Read more »
Will I Go to Jail if I Am Convicted of DUI in Oklahoma?
For a first offense DUI, the range of punishment is from 10 days, which has a 10-day minimum, to one year is the maximum. Read more »
What is the Purpose of a Probate Case in Oklahoma?
The primary purpose is that when somebody passes away and they have assets, the purpose is to determine who gets those assets. Read more »
Can You Avoid Probate in Oklahoma?
Yes, however, if you have a large estate you will need the help of an attorney to do appropriate estate planning. Read more »
What is Probate?
In the state of Oklahoma, Probate is a type of civil action that is filed with the court in order to handle somebody's estate. Read more »
How to Avoid Asset Forfeiture in Oklahoma
The easiest way to avoid asset forfeiture, under those circumstances, does not to travel with large sums of money. Read more »
How Does Asset Forfeiture Work in Oklahoma?
Asset forfeiture allows police to seize and then keep or sell any property they allege is involved in a crime. Read more »
What Assets Can Be Seized in Forfeiture in Oklahoma?
Most of the asset forfeiture cases in Oklahoma deal with the Dangerous and Controlled Substances Act, essentially drugs, illegal drugs. Read more »
What is a Civil Asset Forfeiture Case in Oklahoma?
Civil forfeiture allows police to seize, and then keep or sell, any property they allege is involved in a crime that was committed. Read more »
How Long Will a DUI Stay on My Record in Oklahoma?
DUI's will stay on there forever. They will never remove themselves. They will never fall off. You must expunge them. Read more »
How is Sentencing for a Criminal Offense Decided?
In Oklahoma, you can be in municipal court, you could be in tribal court, you could be in county court, you could be in federal court. Read more »
How Do I Find Out If There Is a Warrant for My Arrest?
First off, in Oklahoma, we do have relatively open and publicly available court records on oscn.net and odcr.com. Read more »
Does Custody Always Go to Just One Parent in Oklahoma?
The answer is no, it’s quite common to have joint custody. There’s a lot of different ways that joint custody can be done. Read more »
Are You Required to Go to Court if You Breach a Contract?
The answer generally is you're not required if you can reach an agreement otherwise, but you could be required. Read more »
What is the Difference Between a Direct Appeal & a Post-Conviction Relief Appeal in Oklahoma?
If you are convicted, you have one appeal of right, meaning that you cannot be denied an opportunity to have an appeal. Read more »
Who Pays Attorney Fees for a Breach of Contract?
As far as attorneys' fees go, the United States has what's called the American rule as opposed to the English rule. Read more »
Romeo & Juliet Defense: OCCA Say Burden's on the Defendant
Oklahoma law has a Romeo and Juliet provision, which specifically provides that for those that are under the age of 18, it is not statutory rape if both parties are under the age of 18. Read more »
How Is Murder Two Defined in Oklahoma?
The thing to understand and this is kind of the point with murder two. You don't have to intend to kill, to get charged with murder. Read more »
Defense in Bosse Requests Stay in OCCA Pending Wallace Appeal to US Supreme Court
Oklahoma Court of Criminal Appeals granted a partial stay to give enough time for the state to request a stay from the US Supreme Court. Read more »
Wallace Motion for Rehearing & Motion to Stay Denied by OCCA
McGirt attorney James Wirth has a major update for you regarding the Wallace case here in the state of Oklahoma. Read more »
Bosse SCOTUS Appeal to be Dismissed!
OK Court of Criminal Appeals decided that McGirt does have a retroactive effect as it is ultimately an issue of subject matter jurisdiction. Read more »
What Is Murder in the First Degree in Oklahoma?
Murder One is the most serious crime you can commit in Oklahoma and it comes with rather stiff penalties. Read more »