Tulsa Attorney Blog
Bosse Order Vacated & Withdrawn from Publication by OCCA
I would predict based on that since Wallace came out, the state's appeal to the United States Supreme Court in Bosse is going to be withdrawn. Read more »Re-Prosecution in Federal or Tribal Court after McGirt Dismissal Doesn't Violate Double Jeopardy
Double Jeopardy provides that, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. Read more »How Do I Know What the State is Required to Prove in My Criminal Case?
There is a simple resource that anybody can use to find out the general information, that resource is the Oklahoma Uniform Jury Instructions. Read more »Do You Need an Attorney for a Child Neglect Case in Oklahoma?
If you're close to somebody alleging that you are being neglectful of your child, you're definitely going to want to have an attorney. Read more »What is Considered Child Neglect in Oklahoma?
Unfortunately, the child neglect statutes are incredibly broad. In fact, I would find them to be unconstitutionally broad. Read more »Can You Get Traffic Tickets Expunged in Oklahoma?
In the state of Oklahoma, the answer is yes and no and it depends on what your goals are and what you're trying to do. Read more »How Do I Check the Status of My Expungement in Oklahoma?
First off, if you're filing for an expungement, you have representation, obviously, contact your attorney. Read more »Where to Go to Get a Record Expunged?
In Tulsa County, we've got a municipal court, but if we want to expunge something from Tulsa municipal court, We take it to the county. Read more »What Crimes Can Be Expunged in Oklahoma?
Any crime is potentially eligible for expungement. There is no crime where it's set out that it can never be expunged off of your record. Read more »Four Years After 780 & 1269 OCCA Affirms 10 Year Sentence for Possession of CDS
In many circumstances, the court has looked at a drug court sentence, as a deferred sentence in this case. Read more »Intimidation of a Witness in Oklahoma DOES NOT Require Intimidation OCCA Rules
According to Oklahoma Attorney, James Wirth, "Oklahoma has one of the highest incarceration rates in the nation..." Read more »Judge Gives Man 9 Years After False Statements by Prosecutor, OCCA Denies Relief
According to Oklahoma Attorney, James Wirth, "Oklahoma’s incarceration rate is high because relief is denied frequently." Read more »COVID-19 Forbearance (Part 5): How Chapter 13 Can Save You When Your Forbearance Ends
In Oklahoma, what do you do to not immediately be in foreclosure you can't possibly pay off? Chapter 13 bankruptcy. Read more »COVID-19 Forbearance (Part 4): What You Need To Know
Bankruptcy Attorney, Ed Kelley, finishes up his series on how Chapter 13 can save your home if you're coming out of COVID forbearance periods. Read more »When You Need a Oklahoma Bankruptcy Attorney
Oklahoma has unlimited homestead exemption, and has a favorable vehicle exemption, and other exemptions much better than the average state. Read more »COVID-19 Forbearance (Part 3): The Benefits of a Bankruptcy Attorney
If you hire me. I build in interest and negotiate with the creditor. I make sure nobody's going to object. Read more »When You Need a Tulsa DUI Lawyer
If you are pulled over for a DUI, obviously you want to not incriminate yourself. You have a right to remain silent. Read more »COVID-19 Forbearance (Part 2): The Benefits of Bankruptcy
Chapter 13 plan is from 36 to 60 months. The CARES Act, which is another COVID relief deal that is going on at least through 2022. Read more »How Do I Keep My Divorce Records Secret in Oklahoma?
Civil records filed with the court, for the most part, are public records. Anybody can go down to the courthouse, pull those files, review them. Read more »COVID-19 Forbearance (Part 1): How a Chapter 13 Can Help
What a lot of people don't understand when you go into a forbearance is technically it's all due at the end. Read more »Petition for Writ of Certiorari to US Supreme Court Filed in Bosse
I filed a case with the USPC, it was strongly recommended that you do not make more than three requests for questions presented. Read more »Does Matloff v. Wallace Mean Cases Dismiss Under McGirt Can Be Refiled?
There's been a number of cases that have already been dismissed on McGirt that were at the post-conviction level. Read more »Does Matloff v. Wallace Affect My McGirt Case?
In Bosse it said that subject matter jurisdiction can never be waived, can be attacked at any time, so McGirt has to be applied retroactively. Read more »OCCA Does Complete 180 on McGirt in Matloff v. Wallace Decision
If the CCOA couldn't find a way to save these convictions the then it's going to be very difficult for anybody else to do so. Read more »Property I Get to Keep In a Bankruptcy
Tax refunds, any kind of savings. Your retirement accounts are exempt, so as long as they're in a proper IRA, you're good. Read more »
