Tulsa Attorney Blog
Former Rogers County Commissioner Charged With 2011 Embezzlement
The former Rogers County Commissioner who filed a libel suit against critics over a petition that asked a grand jury to investigate embezzlement allegations has been charged with embezzlement. A Claremore detective who circulated the petition was among those who first investigated the embezzlement allegations -- two years before the citizens' petition sought a grand jury investigation. Read more »10th Circuit Reverses Oklahoma Constructive Possession Conviction
A driver convicted on federal charges of possession of a controlled substance with intent to distribute won his freedom back when the U.S. Court of Appeals for the 10th Circuit overturned the conviction. The April 22, 2015 decision said a jury could infer guilt based on arguments that the man knew his passenger was carrying 14 bricks of marijuana and about an ounce of methamphetamine in a duffel bag. Yet the evidence was insufficient, the court said, to find guilt beyond reasonable doubt. Read more »Police Cannot Delay Drivers While Waiting for Drug Dogs
Police nationwide may not delay drivers longer than it takes to conduct the usual business of a traffic stop unless they have reasonable suspicion that the vehicle might contain illegal contraband, according to a new U.S. Supreme Court decision. Defense lawyers will now be able to challenge the lack of reasonable suspicion if police held a driver on a mere hunch or based on some form of criminal profile. Read more »Two Tulsa Lawyers Bring 40 Years Experience to Wirth Law Office
Wirth Law Office announces the addition of Tulsa attorneys Tracey E. Persons and Randall K. Gause to our team of zealous legal practitioners. Ms. Persons represents clients in family and criminal law matters. Mr. Gause will provide expedited service in our personal injury division. Read more »Oklahoma Juvenile Certification Case Raises 8th Amendment Questions
The Oklahoma Court of Criminal Appeals decided in a March 20, 2015 opinion that adults charged for crimes committed in their youth must be tried and sentenced as adults. Recent Supreme Court decisions, however, suggest youthful status is related to the age and mental status of youth at the time of their crimes. Read more »Oklahoma Town Dismisses Dozens of Distracted Driving Traffic Tickets
Oklahoma law allows police to write a full time and attention to driving traffic ticket only when a distracted driver poses a specific danger or is involved in an accident. Police in Durant had cited drivers for such dubious distractions as eating a hamburger while driving and for having a dog in the front seat. Read more »Fake Cell Tower Technology Lets Cops Avoid Judicial Oversight
Secret Technology Flouts Wiretap Laws “‘Inhibiting law enforcement’s rights are second to protecting mine!’ (Florida Circuit Court Judge Frank) Sheffield thundered, gesturing with both hands and fixing his gaze on the prosecutor.” That is how the Washington Post described a Florida judge’s response to a prosecutor who tried to deny a defendant information about sophisticated […] Read more »Did an Oklahoma Court Authorize Traffic Stops on Anonymous Tips?
Can a police officer stop a vehicle based on an anonymous tip, then use evidence from the traffic stop to build a criminal case? The U.S. Supreme Court recently said yes, sometimes. Read more »10th Circuit Says No Rounding For Age of Consent Law
Days Count in Statutory Rape Age Differences How would you interpret a statutory rape law that permits sexual contact between an 18 year old and someone four years younger? Does it mean an 18 year old and a 14 year old, or someone born within 48 months of the day the 18 year old was born? The United States Court of […] Read more »Oklahoma Court Erodes Confrontation Clause Shield Against Hearsay
An Oklahoma court has decided a defendant does not have the right to confront authors of a list that tracks cold pill purchases used as evidence in criminal trials. The decision chips away at a constitutional protection known as the confrontation clause. The confrontation clauses of the Oklahoma Constitution and United States Constitution alike afford […] Read more »Oklahoma Courts Post 1000's of Social Security Numbers Online
Basic Internet Safety Measures Overlooked A Wirth Law Office investigation has revealed that Oklahoma district courts routinely include Social Security numbers, drivers license numbers and birth dates in court records posted online. We launched the investigation after members of the public contacted our office with concerns about how courts use sensitive personal data. The investigation […] Read more »Governor Stacks Oklahoma Parole Board with Cops, Prosecutors
The start of a new gubernatorial term in Oklahoma means another opportunity for the governor to appoint three members of the Oklahoma Pardon and Parole Board. Gov. Mary Fallin took the opportunity to further stack the board with retired cops and former prosecutors. Read more »Overdoses Increase as Oklahoma Cracks Down on Methamphetamine
Users call it go fast. Police and Oklahoma lawmakers call it a scourge. Whatever you call it, despite a decade of intensive legal battles, meth use in Oklahoma seems to be going nowhere but up. For some users though, the only place they go fast is down. Go down as in go to prison or, […] Read more »Criminal Court Sides With Civil Court on Oklahoma Sex Offender Registration – Sort Of
In State v. Hurt, the Oklahoma Court of Criminal Appeals affirmed a Tulsa District Court ruling that Oklahoma Sex Offenders Registration Act from 2004 and 2007 could not be enforced retroactively. The court said the legislature did not intend the amendments to apply retroactively. Read more »Can a Mother Demand a Paternity Test of a Biological Father in Oklahoma Before a Child is Born?
A Tulsa child custody lawyerexplains how a mother can compel an alleged father to undergo a court-ordered paternity test by filing a petition to establish paternity even before a child is born. Read more »Can a Biological Father File a Petition to Establish Paternity in Oklahoma Before a Child is Born?
Prompt Actions Help In Contested Paternity News of a pregnancy can be a cause for great joy, and at the same time may trigger deep anxiety. One source of anxiety prior to the birth of a child involves acknowledgement of paternity and contesting paternity. A petition to establish paternity filed in an Oklahoma court can […] Read more »Oklahoma Court Sneaks In Good Faith Exception to the Exclusionary Rule
Unpublished Decision Reverses Earlier Precedent Courts lately seem to find ever more twisted logic to explain away constitutional protections against unreasonable searches and seizures – a right the constitution says “shall not be violated.” The United States Supreme Court took a broadaxe to the Fourth Amendment when it declared in United States v. Calandra, 414 […] Read more »Good Faith Exception Rewards Cops' Ignorance
Exclusionary Rule Further Eroded Is it reasonable for a police officer not to know the law? The United States Supreme Court recently said yes, sometimes. What’s more, the court provided an incentive for police to adopt expansive interpretations of the law until a court tells them otherwise. In a December 15, 2014 decision, the court […] Read more »Oklahoma Attorney General seeks 'Gag Order' in Prison Rape Case
Attorneys for a group of women allegedly raped by prison guards say the Oklahoma Attorney General's Office is seeking a gag order that would unnecessarily bar attorneys from speaking with news media. Read more »New Laws Allow Oklahoma Expungement Sooner, More Often
Some Oklahoma misdemeanors can be expunged after one year. To learn more, call a Tulsa expungement attorney at (918) 932-1681. Read more »Parenting Classes Now Required in Oklahoma Divorce
A Tulsa divorce attorney advises parents anticipating a no fault divorce to be prepared to attend parenting classes now required under a new Oklahoma law. Read more »New Law Defines Workplace Social Media Privacy in Oklahoma
New workplace social media privacy laws in Oklahoma usually protect employees' social media from employers' snooping but when employees use workplace computers during the workday to log on to social media accounts. Read more »New Oklahoma Open Records Laws Expand Public Right to Know
A new Oklahoma law says police dash cam videos are now open records. New laws also allow civil lawsuits to enforce Oklahoma Open Meetings Act. Read more »Oklahoma Parenting Penalty Hurts Families, Erodes Trust in Law
It has been five years since the Oklahoma DHS concluded the legislature accidentally passed a law that penalizes parents for parenting. DHS' illogical interpretation of parenting time adjustments does not encourage troubled parents to work out reasonable solutions. If DHS refuses to read the law as intended, lawmakers need to clarify their intent. Read more »Oklahoma DHS Child Support Computations Defy Common Sense
Part 2: An Exercise in Bureaucratic Nonsense UPDATE: In April 2015, an Oklahoma judge found that DHS had overstated interest on back child support obligations of some non-custodial parents. Learn how DHS calculated interest why some parents could get refunds for interest on back child support here. UPDATE: In May, 2015, Oklahoma Gov. Mary Fallin […] Read more »
