Tulsa Attorney Blog
What is a Faretta Hearing in Oklahoma Criminal Courts?
In Oklahoma criminal courts, a FARETA hearing is a crucial step in determining whether a defendant has the right to represent themselves in court. Solicitor General James Wirth explains that this right stems from a 1975 United States Supreme Court case, FARETA v. California. The key factors in a FARETA hearing are voluntary and intelligent decision-making by the defendant, regardless of their understanding of legal rules. While the constitutional right to self-representation exists, seeking legal counsel is always the recommended course of action. Understanding the implications and risks involved in representing oneself is essential in making an informed decision in a FARETA hearing. Read more »Starting November 1, 2024, You Have the Right to a Temporary Order Hearing within Thirty (30) Days!
Starting November of 2024, a new law in Oklahoma will ensure that individuals involved in custody and visitation cases have timely access to temporary order hearings. Tulsa Attorney James Wirth explains that the law, set to go into effect on November 1st, addresses the issue of delays in obtaining temporary order hearings in family law cases. Under the new statute, individuals filing for temporary orders in dissolution of marriage or paternity cases must have a hearing scheduled within 30 days, or 10 days in cases involving domestic violence or abuse. This change aims to expedite the legal process and provide additional due process rights to parties involved in family law disputes. If you're navigating the Oklahoma family law system, seeking legal advice from an attorney like James Wirth may be beneficial in understanding how this new law impacts your case. Read more »Do You have to "Possess the Legal Knowledge Necessary" in Order to Represent Yourself in Court?
We are here to help you navigate through the complexities of the legal system and ensure that your rights are protected. Don't go through this alone, let us help you fight for the best possible outcome in your case. Contact us today for a free consultation. Remember, knowledge is power, and having the right attorney by your side can make all the difference. Don't hesitate, reach out to us now and let us guide you through the legal process with confidence and peace of mind. Your future is worth fighting for, and we are here to fight for you. Read more »OCCA Abandons Chapman Precedent for Plain Error Analysis on Unpreserved Constitutional Errors.
The Oklahoma Court of Criminal Appeals has made a significant shift in the burden of proof for unpreserved constitutional claims, favoring the state over defendants. In the case of Dominic Washington v. State of Oklahoma, the court abandoned the Chapman precedent, which had previously placed the burden on the state to prove harmless error beyond a reasonable doubt. Now, defendants must prove prejudice on their own, even when their constitutional rights have been violated. This decision highlights the importance of preserving objections at trial and the need for experienced representation to navigate complex legal issues. To discuss your case with an attorney, visit MakeLawEasy.com. Read more »Meet Your Concierge: Making Law Easier for You
Enhancing Your Experience with Wirth Law Office Wirth Law Office just elevated client service to the next level with the creation of a new Client Concierge role. This dedicated professional focuses on ensuring your satisfaction and streamlining your interactions with Wirth Law Office. For clients, this means concierge service at no additional cost. Role of […] Read more »When is Slander Charged as a Criminal Offense in Oklahoma? When You Slander a Prosecutor! 21-781
If you're wondering when slander is charged as a criminal offense in Oklahoma, the answer is not very often. Typically, slander falls under civil law, where individuals sue for monetary damages due to false statements causing harm. However, there is a specific law in Oklahoma, Title 21 Section 781, that addresses false rumors of a slanderous nature as a misdemeanor criminal offense. In a rare case, someone was charged for spreading a false rumor about a prosecutor on Facebook. While First Amendment rights protect freedom of speech, spreading false rumors can have consequences. If you have questions about criminal charges in Oklahoma, consult with an attorney for legal advice and defense strategies. Read more »Is Spreading a False Rumor a Crime in Oklahoma? (21 O.S. 781).
Spreading rumors may seem harmless, but in the state of Oklahoma, it can actually be a crime. Title 21 section 781 outlines the offense of spreading false rumors of a slanderous nature, which can result in jail time and fines if convicted. The key factor in determining whether the rumor is actionable or protected speech lies in the intent - if it is willful, knowing, or malicious. While prosecutions for this offense are rare, it is important to be cautious about what you say, especially when it comes to damaging someone's reputation. If you find yourself facing criminal charges related to spreading false rumors, it is crucial to seek legal advice from an experienced attorney. Read more »NEW LAW Creates Rebuttable Presumption for Child Abusers Not to Get Custody (SB 901).
New law creates a rebuttable presumption for child abusers not to get custody. Attorney James Wirth breaks down Senate Bill 901, set to take effect in November 2024, which adds child abuse to the list of triggers for custody denial. While the court already had discretion to rule in the best interest of the child, the new law widens the definition of child abuse to include emotional harm and neglect. Wirth cautions that these broader definitions could impact more cases than expected and urges those facing custody battles to seek legal advice to ensure a fair outcome. For confidential legal assistance, schedule an appointment at MakeLawEasy.com. Read more »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 »
