Tulsa Attorney Blog
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 »When Forced to Pay Child Support, What Do You Do to Afford It and Pay Bills?
Are you struggling to afford your child support payments in Oklahoma? Tulsa attorney James Wirth explains how child support is calculated in the state and offers advice on what to do if you feel like the amount is excessive based on your income. He emphasizes the importance of ensuring that the Child Support Guidelines were properly calculated and suggests seeking legal advice if you have any doubts. While getting a second job may increase your income, it could also lead to a modification of your child support payments. If you have questions about child support in Oklahoma, contact James Wirth's office for confidential assistance. Visit MakeLawEasy.com for more information. Read more »What Does a Dismissal Without Prejudice Statute of Limitation for a Felony in OK Look Like?
There you can schedule a free consultation to discuss your specific case and get the guidance you need to navigate the legal system effectively. Remember, understanding the nuances of the law can make all the difference in the outcome of your case. Don't hesitate to reach out for help and let us assist you in protecting your rights and pursuing justice. Stay informed and empowered in your legal journey, and let us guide you through the complexities of the legal system in Oklahoma. You don't have to face it alone. Contact us today and let us help you make law easy. Read more »What's the Difference Between Bail and Bond?
Learn more about the differences between bail and bond in Oklahoma and why it is important to keep them separate. Attorney James Wirth breaks down the definitions of both terms and explains how they function in the legal system. Bail is the amount set by the judge for a defendant to pay in order to be released before their court date, while bond is what a bondsman pays to cover the bail amount. Understanding these distinctions can help navigate the legal process more effectively. For personalized advice on your specific case, schedule a consultation with Attorney Wirth at MakeLawEasy.com. Read more »Can My Wife Move In Her Boyfriend?
If you're in a situation where your wife wants to move in her boyfriend, there are a lot of factors to consider, especially if there are children involved. While legally she has the right to choose who she lives with, the court may take issue if it's not in the best interest of the children. It's important to consult with a lawyer to understand your rights and options in this situation. Factors such as the boyfriend's background, the children's exposure to him, and potential custody implications should be carefully considered. To schedule a consultation with a lawyer, visit MakeLawEasy.com. Read more »What is Nesting in an Oklahoma Custody Case?
In a custody case in Oklahoma, nesting is an unconventional arrangement where the children remain in the family home while the parents alternate living there. Attorney James Wirth explains that this unique setup can be beneficial for both the kids and the parents, as long as there is cooperation and agreement between the parties. It allows for stability for the children while still giving both parents time with them. However, nesting may not work well in high-conflict situations. If you are facing a custody case and have questions about nesting or any other legal matters, it is important to seek advice from a qualified attorney. Contact James Wirth Law Office to schedule a consultation and get the guidance you need. Read more »Can I Claim My Child on my Taxes?
Are you wondering if you can claim your child on your taxes? Attorney James Wirth breaks down the rules for claiming a child on taxes in cases of separation, paternity, custody, and divorce. Generally, the parent who the child resides with for six months or more of the year can claim the child on taxes. However, court orders can also dictate who gets to claim the child each year. It's important to understand the rules and seek legal advice if you're unsure. Contact Attorney James Wirth at MakeLawEasy.com to get the guidance you need in navigating this complex issue. Read more »What If the Person Who Files for the Protective Order IS the Abuser?
Are you facing a situation where the person who filed a protective order against you is actually the abuser? Tulsa attorney James Wirth explains that in Oklahoma, there are no mutual protective orders - each case is determined individually. If you find yourself in this situation, it's important to gather evidence to defend yourself and potentially have the protective order dismissed. While messaging the next day may not violate the protective order, it can be used as evidence against the sincerity of the person filing it. For personalized legal advice on protective orders in Oklahoma, consult with a lawyer at MakeLawEasy.com. Read more »Are Legal Deadlines in Calendar Days or Business Days in Oklahoma? 2024 OK CR 15.
Legal deadlines in Oklahoma are a hot topic of discussion, especially when it comes to determining whether they are based on calendar days or business days. A recent case decided by the Oklahoma Court of Criminal Appeals sheds light on this issue. The case involved a pro se litigant who misunderstood the deadline to withdraw a guilty plea, leading to a debate over whether the deadline is based on business days or calendar days. The court ultimately ruled that all deadlines, regardless of length, are based on calendar days. This decision serves as a reminder that pro se litigants must familiarize themselves with court rules to avoid costly mistakes. If you're facing a legal deadline, it's crucial to seek guidance from an experienced attorney to ensure you meet the requirements within the allotted time frame. To discuss your specific circumstances, contact our office at MakeLawEasy.com. Read more »How Does a Father get Child Support Services to Enforce an Order Against a Mother?
Are you a father trying to enforce a child support order against the mother? Tulsa attorney James Wirth is here to help. With 11 years of sole legal custody and a $40,000 arrearage, it's time to take action. While DHS Child Support Enforcement can assist, their backlog may delay the process. Instead, consider filing a motion for contempt on your own. By holding the other party accountable for violating the court order, you may be entitled to attorney's fees. Don't wait for DHS – take control of your situation. Schedule a consultation with James Wirth at MakeLawEasy.com to get the child support you deserve. Read more »What is a Guardian Ad Litem
Are you in a custody case and unsure about a guardian ad litem? Karl Burkhead, a family attorney in Oklahoma, explains the role of a GAO in your case. A guardian ad litem is appointed by the court to investigate the custody situation and provide a report on the child's best interest. They visit both parents' homes, observe interactions, and interview everyone involved. Their unbiased assessment helps the court make informed decisions. The GAO's report isn't binding, but it's a valuable tool for the court to consider. Contact Karl Burkhead at Wirth Law Firm for more information on the benefits of a guardian ad litem in your case. Read more »Post Divorce Relocation with Children
Are you a parent considering a move out of state with your children? Attorney Carl Birkhead, based in Tulsa, Oklahoma, can help guide you through the process. Under Oklahoma statutes, relocating more than 75 miles away with your children requires following specific rules and procedures. Providing written notice to the other parent, allowing time for objection, and presenting evidence in court are all steps in the process. While there are factors to consider, such as the best interests of the children, the court will ultimately decide if the relocation is appropriate. For more information and guidance on relocating with your children, reach out to Carl Birkhead at Worth Law Firm. Read more »How Can You Request a Bail Reduction in Oklahoma?
If you're facing a criminal charge in Oklahoma and can't afford the bail set by the bond schedule, you have the right to request a bail reduction hearing. Tulsa Attorney James Wirth explains the process of filing a motion for a bond reduction or a motion to determine bond. He provides insights on the factors considered in determining bail, such as the seriousness of the crime, previous criminal history, and ties to the community. By understanding the law and presenting a strong argument based on these factors, you may have a chance to have your bail amount reduced. For personalized legal advice, contact an attorney to discuss your specific circumstances. Read more »What Does Oklahoma's Advisory Guidelines on Visitation Schedules Say about Fathers?
If you're a father navigating visitation schedules in Oklahoma, understanding the state's Advisory Guidelines is crucial. Attorney James Wirth breaks down the guidelines, emphasizing that there is no bias between parents. These guidelines stress that fathers are just as capable of parenting as mothers, focusing on the parent's desire to be involved in their child's life. If you're facing these issues, seeking legal advice is key. Contact Attorney Wirth for a low-cost initial strategy session to protect your rights as a father. Don't hesitate to take action today and ensure you have the guidance needed to navigate the legal process successfully. Read more »What is Oklahoma's Standard Visitation Schedules and Advisory Guidelines?
Oklahoma Standard Visitation Schedules and Advisory Guidelines are essential for parents navigating custody and visitation arrangements in the state. Tulsa attorney James Wirth breaks down the importance of these guidelines, which provide a framework for determining visitation schedules based on the best interest of the children. While not mandatory, the advisory guidelines offer a starting point for discussions in court and can be used as persuasive authority to support your position. It's crucial to understand these guidelines and seek legal advice tailored to your specific case. To schedule an appointment with an attorney experienced in family law, visit MakeLawEasy.com. Read more »Can My Son Fill Out Child Support Comp, Have Parties and Judge Sign or Should He Open a DHS CS Case?
Need help navigating the process of establishing child support guidelines and orders? It can be a complex and confusing process, especially if you don't have experience with legal documents. Should you take matters into your own hands and try to fill out the guidelines yourself, or is it better to open a child support case with DHS? The answer depends on various factors, such as whether there is an existing case, the need for custody and visitation orders, and your familiarity with legal procedures. If you're unsure about the best course of action, it's always a good idea to seek legal advice from an attorney who can guide you through the process. Give us a call or visit our website to learn more about how we can help. Read more »Can a Family Court Judge be Asked to Recuse for Possible Conflict of Interest in Oklahoma? Rule 15
advice on your specific situation. Remember, the decision to recuse a judge is not taken lightly and must be based on valid legal grounds. It's always best to consult with a knowledgeable attorney who can guide you through the process and help you navigate any potential conflicts of interest. Don't hesitate to reach out for help if you find yourself in a situation where you believe a judge may have a conflict of interest. Your rights and the outcome of your case may depend on it. Read more »Bringing Contraband Into a Jail
Have you been charged with possessing or bringing contraband into a penal institution? Criminal attorney Carl Burkhead in Tulsa, Oklahoma can help. It's important to be honest about what you have on you when being booked to avoid additional charges. Burkhead shares a cautionary tale of a client who failed to disclose drugs on him, turning a simple public intoxication charge into a felony drug smuggling charge. If you find yourself in a similar situation or know someone who does, don't hesitate to reach out for guidance. Burkhead and his team at Law Office are here to help navigate through the legal process. Visit MakeLawEasy.com for more information. Read more »
