Tulsa Attorney Blog
Everything is Child Abuse under Oklahoma Law (10A O.S. 1-1-105).
Child abuse is a serious issue that is defined in a wide-ranging manner under Oklahoma law. As Tulsa attorney James Wirth explains, the definition of abuse includes not only harm but also threatened harm to a child's health, safety, or welfare. This definition encompasses non-accidental physical or mental injuries, neglect, abandonment, and exposure to illegal activities. The statute is broad and leaves room for interpretation, making it important for parents involved in custody battles to understand how it could be used against them. To navigate the complexities of child abuse laws in Oklahoma, it's crucial to seek the guidance of an experienced attorney like James Wirth. Read more »Confidentiality in Adoptions and Guardianships
Are you in the middle of a guardianship or adoption case and are not sure about what, if anything, you should say about the case while it's ongoing? My name is Karl Burkhead. I'm a family attorney in Tulsa and I'd like to give you some information on that. This advice is actually really good and helpful for any type of case, but I'm focusing specifically on guardianships and adoptions because those are what we call closed proceedings. What that means is that there's no record available to the public. If you're in the middle of a guardianship case and Bob from down the street wanted to go take a look at what had been filed, he couldn't go to the courthouse and get access to those records, even if he had the case number. That information is only made available to the court, to the attorneys, and to the parties. What should you do in this situation? The best thing for you to do is stay off social media and limit who you discuss the case with. I had a case a while back where my client's, I think it was his mother-in-law, was trying to get guardianship over the kids and had gone on Facebook and made a bunch of posts about a couple conversations she had with her lawyer about their case strategy and about how he was going to do this, that, and the other and how she was going to try to pull this trick or that trick or whatever. My client found them because she put them on her public profile, brought them to me, absolutely tanked the other side's case. As a flip, I had a case years and years ago where I was trying to get guardianship from my clients and only to find out on the day of trial that they had been posting on a GoFundMe page about the case. Not just a, hey, we're trying to get a guardianship, we'd really like some help. No, they posted details, photographs, specific allegations, everything that is not supposed to be made public record was put on display on the internet. The best advice that I can give is the simplest advice that anyone can give. If you're unsure, just go ahead and stay silent, stay off social media, only discuss the case with your attorney. If you have any questions about this or if you'd like to discuss an ongoing matter with us, my name's Karl Burkett, I'm with Worth Law Office, and you can find us at MakeLawEasy.com. Thanks. Read more »Defending Against Domestic Assault and Battery
Are you defending against a domestic violence charge and you don't really know what to do? My name is Carl Birkhead. I'm a criminal attorney in Tulsa and I would like to go over with you just a few points about how to help your defense in a domestic violence situation if you have been accused of domestic assault and battery. First and foremost, stay away from the alleged victim. It's usually a condition for the court for the bondsman to require that there be a no contact order between the suspected abuser and the alleged victim. It keeps things simple, keeps things clean, and it also protects you from potentially having them come back and say, oh well, he's trying to intimidate me now. He's trying to coerce me into not testifying. She's trying to convince me to not move forward with this or whatever the case may be. Always, always, always stay away from the alleged victim. Beyond that, it's going to be a simple matter of showing to the court why you are not actually an abuser. We can do anger management analysis, domestic violence risk assessments, things like that to show that regardless of what you're being accused of, you're not actually an angry or a violent person. It really comes down to ultimately remembering that it's not your job to prove the state's case. The state has to prove that you are guilty. It's simply our job to poke holes in that and show that there's absolutely reasonable doubt about the situation. If you believe that you are in the middle of domestic violence charges or you believe that you may be getting charged with domestic violence soon, please reach out to our office. You can find us on MakeLawEasy.com or Wirth Law Office. My name is Carl Burkett. Thank you. Read more »Defending Against Domestic Violence
Are you facing a domestic violence charge and feeling lost on how to defend yourself? Carl Burkett, a criminal attorney in Tulsa, is here to help. One important step in your defense is to stay away from the alleged victim, as a no-contact order is often put in place. Additionally, showing the court that you are not actually an abuser through anger management analysis or domestic violence risk assessments can strengthen your case. Remember, it's not your job to prove your innocence, but to create reasonable doubt. Contact Carl Burkett at MakeLawEasy.com or Wirth Law Office for assistance with your domestic violence case. Read more »What Is the Difference between Child Support Contempt and Omission to Provide for a Child in OK?
Child support contempt and omission to provide for a child are two different legal charges in Oklahoma. Contempt for failure to pay child support can be filed by the aggrieved party and can result in a misdemeanor charge with up to six months in jail. Omission to provide for a child, on the other hand, is a felony offense that can only be filed by a prosecutor and requires a significant violation of the child support order. Understanding the differences between these charges is crucial for navigating the complexities of child support enforcement. If you have questions or need legal assistance, contact an experienced attorney to discuss your options. Read more »Can I Get Custody If I Am Not on the Birth Certificate?
Are you a father who is not listed on your child's birth certificate? Attorney James Wirth explains that while not being on the birth certificate initially may limit your rights, it does not prevent you from seeking custody and visitation. By filing a petition to establish paternity, custody, visitation, and child support, you can prove your relationship to the child and gain the rights you deserve. This process may involve DNA testing and court approval, but ultimately, you can secure your place as a legal parent. If you're facing this situation, seek advice from an experienced attorney to navigate the legal process effectively. Visit MakeLawEasy.com to schedule a consultation today. Read more »Domestic Violence in Child Custody Cases
Are you in a child custody case where you believe that domestic violence might be a factor? My name is Carl Birkhead, a family attorney in Tulsa, Oklahoma, and I'd like to discuss how domestic violence impacts child custody cases. While physical abuse is more easily proven, mental, emotional, and financial abuse are equally harmful and important to address. It all comes down to what's in the best interest of the child. If you suspect abuse, seek help from professionals and gather evidence to support your case. Contact us at MakeLawEasy.com for assistance. Let's work together to protect your children and ensure their safety. Read more »Partial Expungement v. Full Expungement
Are you looking to fully expunge your criminal record after completing probation for a deferred sentence? Carl Burkin, a criminal attorney in Tulsa, can help explain the difference between a partial and full expungement. While a partial expungement closes the case file with the court clerk, a full expungement removes all records from OSBI background checks. If you need a squeaky clean background for job opportunities or other situations, a full expungement may be necessary. Contact Carl Burkin at MakeLawEasy.com or Wirth Law Office for more information on how to clear your record completely. Don't let a past mistake hold you back any longer. Read more »Can I Get Exclusive Use of the Home in My Divorce?
In a divorce case in Oklahoma, one of the common questions that arises is whether one party can get exclusive use of the marital home. Attorney James Wirth explains that typically, one of the parties will be awarded exclusive possession of the home, especially if there is tension between the spouses. The court will consider factors such as the best interests of any children involved, the relationship between the parties, and who is requesting exclusive possession. Ultimately, the court will make a decision based on what is deemed most fair in the specific circumstances of the case. To discuss your situation and seek legal advice, it is best to consult with an experienced attorney. Read more »I Requested a Visitation & Child Support Modification in 2022 & Was Told There is No Timetable
In this excerpt, Tulsa Attorney James Worth addresses a common question about visitation and child support modification. He explains the importance of formally filing a motion to modify child support, rather than just making a request to DHS, in order to start the timeline for the modification process. Worth emphasizes the need for proactive action by the requesting party to push the case forward, as courts and opposing parties may not prioritize family law cases. By filing an application for a scheduling conference and proposing a scheduling order, individuals can set deadlines and move the case towards resolution. Ultimately, Worth advises seeking legal guidance to navigate the modification process effectively. Read more »Does a Prosecutor Have to Allow a Blind Plea?
In a criminal case in Oklahoma, the option of a blind plea can be a risky move. As a Tulsa attorney, I often get asked if a prosecutor has to allow a blind plea. The answer is no. A blind plea means pleading guilty without a plea agreement, leaving the sentencing up to the judge. The prosecutor cannot prevent you from entering a blind plea, but it is important to carefully consider all the factors before making this decision. If you are considering a blind plea, it is crucial to consult with an experienced attorney to ensure you understand the potential consequences. Contact my office or visit makelawyeasy.com to schedule a consultation. Read more »Does a Crime Victim have to Agree to a Blind Plea in Oklahoma?
In the state of Oklahoma, a crime victim does not have the right to reject a blind plea entered by the defendant. A blind plea is where the defendant pleads guilty, no contest, or an altered plea without a plea agreement in place with the prosecutor. This decision is solely up to the defendant and bypasses the prosecutor and victim input. While the prosecutor and defendant can make arguments on sentencing, the judge ultimately determines the sentence. If you are considering a blind plea, it is important to explore all your options. Contact an attorney at MakeLawEasy.com to discuss your case and receive personalized legal advice. Read more »What is "Gross Income" for Child Support Purposes in Oklahoma?
Gross income for child support in Oklahoma includes all money received from any source, except for a few exceptions outlined in the law. In this video, Oklahoma attorney James Wirth explains the definition of gross income and how it is crucial in determining child support payments. Earned income, passive income, and certain exclusions are all factors to consider when calculating gross income. If you have questions about child support or need legal advice, it is best to consult with an attorney for personalized guidance. To schedule a confidential consultation with an attorney at Wirth Law Office, visit makelaweasy.com. Read more »Can You Be Legally Arrested for Failing to Pay Child Support, or is that a Constitutional Violation?
Can you be legally arrested for failing to pay child support or is that unconstitutional? Tulsa attorney James Wirth addresses this question, explaining the difference between child support contempt and a debtor's prison. The key factor is willfulness - if it can be proven that there was a willful failure to pay, meaning the ability to pay was there but not utilized, then jail time may be a consequence. However, if there was no ability to pay or it cannot be proven, it may be considered a constitutional violation. If you find yourself in this situation, it's important to seek legal advice to understand your rights and options. Contact James Wirth at MakeLawEasy.com for assistance. Read more »How to Give Testimony and Handle Cross Examination
Navigating the legal system can be daunting, especially when you're facing a trial. As a trial attorney with years of experience, I understand the stress and anxiety that can come with testifying in court. It's important to trust your lawyer and follow their guidance during the process. Remember to answer only the specific questions asked, and avoid getting into arguments with the opposing counsel during cross-examination. Your attorney will have the opportunity to clarify any points during redirect. If you're facing a trial and need assistance, don't hesitate to reach out to Worth Law Office. Let us help you make the legal process easier. Read more »Smaller Bills & More Updates: Weekly Invoicing Benefits You
Hi, this is Kris with the Wirth Law Office, and I'm here to talk to you about our transition to weekly invoicing. This change will provide our clients with weekly itemization, keeping you more informed about your case. You'll receive updates directly to your inbox or client portal, eliminating the need to constantly reach out for updates. For clients on Evergreen Retainers, this means smaller, more manageable refill payments on a weekly basis. We believe this change will make the billing process smoother and more transparent for our clients. If you have any questions, please don't hesitate to contact our billing department at 918-932-2800. Thank you for choosing Wirth Law Office. Read more »What to Do When Suspected of a Crime
If you're in a situation where you've been accused of a crime but charges have not yet been filed, it's crucial to have an attorney present. As a criminal attorney in Tulsa, Oklahoma, I have seen too many clients make the mistake of speaking to law enforcement without legal representation and inadvertently incriminating themselves. Whether you're asked to provide a DNA sample or simply have a few questions to answer, always seek the guidance of a skilled attorney. Remember, it is your right to have legal representation at every stage of a criminal investigation. Don't take any chances - reach out to us at MakeLawEasy.com or Worth Law Office for assistance. Your future could depend on it. Read more »How to Prepare for your Arraignment in Oklahoma
Are you facing an arraignment in Oklahoma? Tulsa attorney James Wirth is here to guide you through the process. Whether it's a felony or misdemeanor case, having an attorney by your side is crucial. Arraignments may seem simple, but there are different types to be aware of, including initial appearance and district court arraignments. Getting a copy of the charging document, ensuring accurate information, and entering a plea of not guilty are key steps. With an attorney, you can have them handle the arraignment for you, saving you time and ensuring your rights are protected. Schedule a consultation with James Wirth at MakeLawEasy.com for personalized legal advice. Read more »The Role of Preliminary Hearing in Oklahoma's Criminal Justice System
In the Oklahoma criminal justice system, preliminary hearings play a crucial role in determining whether there is enough evidence to move forward with a trial. Attorney James Wirth explains that these hearings serve multiple purposes, including ensuring that the state has demonstrated probable cause that a crime was committed and that the defendant committed it. Additionally, preliminary hearings provide an opportunity for the disclosure of evidence, the protection of the defendant's rights, and the potential for negotiation of a plea deal. It's important to understand the significance of these hearings in felony cases and to consult with an experienced attorney to navigate the legal process effectively. Read more »Can I Get an Extension on my Answer to a Petition in Oklahoma?
Need an extension on your answer for a petition in Oklahoma? Attorney James Wirth explains how you can request an additional 20 days under Title 12, Section 2012. While it's a straightforward process, be aware that filing for an extension waives certain defenses, such as lack of jurisdiction or failure to state a claim. If you're in a time crunch and need help drafting a special appearance and request for more time, Wirth Law Office has a template available online. Don't let deadlines stress you out – consult with a legal professional to ensure you're taking the right steps for your case. Visit MakeLawEasy.com to schedule a consultation. Read more »What is Law Enforcement's "Shake Test" and is it Admissible in Criminal and Forfeiture Cases?
Learn more about the shake test in law enforcement and the legal implications it may have on criminal cases. Discover why the reliability and admissibility of this method have come under scrutiny, and how it could potentially impact your case. If you are facing charges or forfeiture actions based on the results of a shake test, it is crucial to consult with an experienced attorney who can provide you with the guidance and support you need. Contact our office today to schedule a low-cost initial strategy session and learn more about your legal options. Read more »Is There a Way to Settle My Case Outside of the Oklahoma Court System?
If you're facing a legal issue and want to avoid the stress and uncertainty of a courtroom trial, mediation may be the solution for you. By working with a third party intermediary, you and your spouse can come to a resolution that meets both of your needs without the need for a judge to make decisions for you. This process allows you to have more control over the outcome of your case and can help you avoid potentially lengthy and costly legal battles. If you're considering mediation, reach out to us today to learn more about how we can help you settle your case outside of the court system. Read more »Elements of Common Law Marriage
Are you unsure whether you are common-law married? My name is Carl Burkett, an attorney in Tulsa, Oklahoma. Let's go over the elements of common-law marriage and how to prove or disprove one. The big test is whether there was a meeting of the minds, where both sides held themselves out as married. If friends, family, or co-workers can attest to this, it strengthens your case. However, if infidelity or a lack of recognition as a married couple is present, it may disprove a common-law marriage. It can be a complex situation, but worth investigating. If you have questions, reach out to us at makelaweasycalm. Read more »Substance Abuse in Custody Cases
Are you in the middle of a child custody case and you believe that substance abuse could be a factor? My name is Carl Burkhead. I'm a family attorney in Tulsa, Oklahoma, and I'd like to talk with you about how substance abuse can impact your case. I'm not going to get into it too much with illegal substances, you know, meth, heroin, things like that. Obviously, if you're using any sort of illegal or illicit narcotics, it's not going to go well for a custody case or any case for that matter. So I want to focus more on using legal or permissible substances, such as alcohol, or medical marijuana has been a big thing that comes up recently, or maybe even prescription medication. I've been doing this for about seven years now, and substance abuse comes up more than just about anything else. You know, dad's drinking too much, mom's on the pills, whatever the case may be. I've had plenty of cases where parents want to fight out about, you know, I want drug tests on both sides, or whatever the case may be. So I'm going to talk with you a little bit about how I've seen courts handle alcohol use or things like that, and then maybe a little bit also about filing a motion for drug testing. I've come across this a lot recently, especially with medical marijuana becoming more prevalent. A lot of courts are starting to treat it as if, you know, kind of like alcohol. You've got the card and you're going to do it, don't use it to a point that it impairs your ability to parent the kids. You know, if you're out at a cookout having a beer while the kids are out playing, no big deal. You know, taking a hit on a dad pants, typically with a similar situation. Don't get drunk. Don't get so high that you can't function. But more often than not, courts aren't going to be too nuts about that as long as it's being done responsibly. I know it sounds like a cheesy commercial, but if you're going to use, use responsibly. Obviously, the best choice is just to not use at all whenever your kids are around. That's something that I advise all of my clients, first and foremost. But given that we live in a real world, it just comes down to do not allow it to be something that affects your ability to parent your children. Don't be so high that you can't function. Don't, really honestly, if you're going to try to use marijuana while you're around the kids, maybe just hit a dad pant and that's it. If you're going to drink, if you're going to have a beer, that's fine. Don't get, let's black out drunk and try to say, oh yeah, I'm a great parent while I'm doing it. Essentially, moderation is the best course of action. And then it just comes down to a case by case basis and how the judge views your behavior after you've been, you know, somewhat intoxicated. If you feel like the parent, the parent in your case is using, you know, overusing legal drugs or using illegal narcotics, you can always ask your attorney to file a motion for drug testing. The courts will usually have the person filing pay for that motion. If the test comes back dirty, then the court will usually order the other side to reimburse that parent for the drug testing motion in the first place. If you have any questions about this or if you think that this is something that might be beneficial to you in your case, please reach out to us. My name is Karl Burkett. I'm at Worth Law Office and you can find us at MakeLawEasy.com. Thanks. Read more »What Is a Guardian Ad Litem (GAL) in Oklahoma?
Guardian ad litems play a crucial role in cases involving minor children in paternity and divorce actions. They serve as independent third parties who conduct investigations, interview relevant parties, and make recommendations to the court. While judges are not required to follow their recommendations, guardian ad litems provide valuable insights and information that may not be readily available in a courtroom setting. By utilizing a guardian ad litem, individuals can potentially avoid the need for a trial and reach a resolution more efficiently. If you are considering appointing a guardian ad litem in your case, it is advisable to consult with a local attorney to explore your options further. Read more »
