Tulsa Attorney Blog
"Lackadaisical Attitude" Drives Oklahoma’s High Wrongful Conviction Rate
Oklahoma ranks seventh in the nation for wrongful convictions since 1993. A commentator alludes to Wild West justice where attitudes toward life and liberty reflect a lackadaisical mindset. But why did a nationally recognized political commentator decide to spotlight the 7th ranked state for wrongful convictions now? Read more »Washington Co. Judge Faces Suspension, Removal on Misconduct Allegations
Oklahoma Supreme Court Alleges “Oppression in Office” Whispered complaints about a Washington County judge’s misconduct toward defendants and attorneys appearing in his court have swirled for months. Now, things are spilling into the light. Washington County District Judge Curtis DeLapp has been notified of a proposed temporary suspension by the Oklahoma Court on the Judiciary’s […] Read more »Can the Government Open Your Mail Without a Warrant?
Federal law prohibits opening mail without the recipients permission, but law enforcement agencies use a variety of methods to find out what goes through the mail. Sometimes, police seek a warrant but they can ask the post office to record all letters sent to an address with no warrant. On at least one occassion, investigators illegally opened packages to find out if there was anything inside work seeking a warrant about. Read more »Oklahoma Sentencing Reform Offers Non-Violent Offenders a Second Chance
Faced with budget shorfalls and growing prison populations, Oklahoma lawmakers in 2018 reduce sentences for non-violent property crimes, extended opportunies for parole, made probation slightly easier to complete and allowed some lifers to plea for sentence modifications. Read more »New Law Makes it Easier to Expunge Criminal Records in Oklahoma
An Oklahoma expungement reform that takes effect Nov. 1, 2018 reduces waiting periods and eliminates pardon requirements before individuals may seek expungement of criminal records. The reform affects those previously convicted of no more than one non-violent felony offense. Read more »Oklahoma Defense Lawyers Slam Juvenile Life-Without-Parole Bill
The Oklahoma Criminal Defense Lawyers Association has released a scorching rebuke of a bill that would let judges sentence juveniles to life in prison without a chance for parole. Oklahoma law otherwise allows juries to determine sentences within limits set by law. Different sentencing procedures would deny those juveniles equal protection of the law as […] Read more »Defense Lawyer Elected as Philadelphia DA Sets New Standard for Criminal Justice
Philadelphia District Attorney Larry Krasner's reform-minded approach to criminal prosecution has prosecutors nationwide on notice that the nation might be ready for a new direction in to criminal justice. Read more »Tulsa Municipal Jail Now Houses Overnight Inmates
The City of Tulsa ended a funding dispute with the county sherrif by opening a city jail. When the city jail exceeds capacity. the city now sends excess inmates 40 miles away, to a frequently overcrowded jail in Okmulgee County. Read more »Tulsa Traffic Ticket Attorney Explains Uninsured Driver Law on Fox 23
A new Oklahoma law that allows cameras to be used in ticketing motorists suspected of driving without insurance could result in arrest of innocent drivers. Tulsa traffic ticket attorney James Wirth told Fox 23 the semi-automated, camera-driven system could issue as many as 20,000 uninsured driving tickets a month. Read more »Bill Would Abolish the Oklahoma Court of Criminal Appeals (Part 1)
A bill in the 2018 Oklahoma legislature would let voters decide whether the Oklahoma Court of Criminal Appeals should be abolished. Among 50 states, only Oklahoma and Texas have separate appeals courts for criminal and civil matters. Defense attorneys say the split has resulted in a prosecution friendly appeals court that is sometimes blithe indifference to its own precedents. Read more »Will Move to Abolish the Oklahoma Criminal Appeals Succeed? (Part 2)
A proposal to let voters decide the future of the Oklahoma Court of Criminal Appeals might face an uphill battle in the legislature. Oklahoma lawmakers have had a chilly relationship with the Oklahoma's other appeals court, which could take on the work of the criminal appeals court if voters approved the measure. Read more »Researchers Say Police Interrogation Technique Elicits False Confessions
Until recently, nearly every police agency in the nation relied on an interrogation practice called the “Reid Method.” This harsh method aims to squeeze confessions from suspects through stress, fatigue, intimidation and sympathy. A recent research paper by a University of Virginia Law student suggests the Reid Method is highly likely to elicit false confessions. […] Read more »Shaken Baby Syndrome Relies on Shaky Science
Recent research that reviewed thousands of child abuse cases where shaken baby syndrome was alleged revealed there is virtually no reason to presume abusive head trauma was to blame when no evidence beyond an infant's symptoms or brain injuries were present. Read more »Tulsa Attorney Explains Uninsured Driver Enforcement Flaws on KTUL
Tulsa attorney James M. Wirth appeared on KTUL to explain flaws a new law that will use remote cameras to enforce Oklahoma driving without insurance laws. The law ignores an age old presumption of innocence before trial, makes light of probable cause requirements before a citation can be issued, lays groundwork for arrest warrants to name insured drivers who never received notices of a citations, allows officials to rely on a database that might exclude one in 20 insured drivers, and appears to be a cash cow for District Attorneys who can shuffle accused drivers into a probation program without ever taking them to court. Read more »Swedish Firm Operates Cameras Enforcing Oklahoma Driving Without Insurance Law
Cameras to enforce Oklahoma compulsory insurance laws headed to Tulsa. The semi-automated system is likely to result in systematic wrongful prosecutions. District Attorneys, who stand to gain $20 million a year for operation of the program, have little incentive to curtail wrongful prosecution or arrest of otherwise insured drivers. Read more »Robotic Uninsured Driver Enforcement Could Automate Wrongful Prosecution
A police officer's desktop review of images taken by roadside cameras and information stored in state databases is enough to arrest drivers suspected of driving without insurance in Oklahoma. The newly approved system threatens to automate wrongful prosecution by District Attorneys who have a financial incentive to allow systematic mistakes. Read more »Sweeping 2017 Oklahoma DUI Law Overturned
The Oklahoma Supreme Court has overturned a sweeping 2017 DUI law for due-process flaws and for violating constitutional single-subject requirements. The entire law was set aside before it even took effect. The decision means ongoing uncertainty for thousands of drivers accused of DUI - and police enforcing DUI laws - with regard to the procedure for contesting drivers license revocations after DUI arrests. Read more »When Is My Court Date? Ask the Courtbot App
When Is My Court Date? Ask the Courtbot App If you wonder how to remember when your next court date is, you now have an easy button. A new app lets you enter your case number and get a text message 24 hours before a court date. Now, we would not recommend a free, open […] Read more »Oklahoma Supreme Court Strikes Barrier to Medical Malpractice Cases
The Oklahoma Supreme Court has again stricken a law that required plaintiffs to seek an experts approval before filing medical malpractice lawsuits. Read more »State Ordered to Pay Attorneys Fees in Illegal Drivers License Revocation
In a precedent-setting case, the Oklahoma Dept. of Public Safety was ordered to pay attorney fees after the agency twice illegally revoked a mans drivers license. Read more »Wirth Law Office Renovates 500 W. 7th St. in Preparation for Relocation
As one of Tulsa's fastest growing law firms, Wirth Law Office has carved out a new location near the Tulsa County District Court. View images of the remodeling project as Wirth Law makes its mark on Seventh Street. Read more »DHS to Start Pocketing a Share of Your Child Support
Oklahoma DHS Child Support Services has announced plans to charge custodial parents a 3 percent fee - per child - for collecting support payments from a non-custodial parent. A Tulsa child support attorney explains. Read more »Wirth Law's Okmulgee Attorney Speaks Out on Motion to Disqualify Judge
The Tulsa World quoted Wirth Law Office's Okmulgee criminal defense attorney Justin Mosteller in an article about Okmulgee District Attorney Rob Burriss' Motion to Disqualify Judge Ken Adair from hearing criminal cases in Okmulgee. The judge stayed action in about 200 cases for more potnetially than three months until the Motion to Disqualify is resolved. Mosteller said the motion could have a chilling effect on judges who question the truthfulness of police testimony. Read more »Okmulgee District Attorney Wants Judge Disqualified
The Okmulgee County District Attorney is seeking the disqualification of an Okmulgee judge after the judge on four occasions over four years ruled that police officers lied or embellished facts during testimony. The DA's Motion to Disqualify does not dispute the judge's rulings, but claims they could represent a bias against law enforcement. Read more »Wirth Law Office Tulsa Attorneys Are Moving Up
A move to firm-owned offices located near Tulsa County District Court will anchor Wirth Law Office as a premiere member of the Tulsa legal community and solidify our reputation among Tulsa's fastest growing law firms. Read more »
