Tulsa Attorney Blog
Negotiating Plea Bargains: Strategies and Considerations in Oklahoma
In this blog post, Tulsa attorney James Wirth discusses strategies and considerations for negotiating plea deals in Oklahoma. From attacking weaknesses in the case to highlighting the favorability of the client, Wirth explains various approaches to securing a favorable plea bargain. He also delves into the practical aspects of negotiating plea deals, such as requesting a quick resolution or discussing restitution arrangements. If you're facing criminal charges and seeking legal advice on negotiating a plea deal, Wirth invites you to schedule a low-cost initial strategy session with his office. Contact him at 918-879-1681 or visit MakeLawEasy.com for more information. Read more »Can My Wife Leave and Take the Kids?
Are you wondering if your wife can leave and take the kids in a divorce situation? Attorney James Worth explains that in the state of Oklahoma, both parents have de facto joint custody, meaning neither has superior rights. This means your wife can technically leave with the kids without permission. However, if you file for divorce, an Automatic Temporary Injunction is put in place to prevent this. If your wife takes the kids without permission, act quickly to file for temporary orders to either have the kids returned or seek sole custody. It's important to seek legal advice from a family law attorney to navigate this complex situation. Visit MakeLawEasy.com to schedule a consultation. Read more »What Should You Do if You or a Loved One are Arrested and Need to Post Bail?
Remember, in times of crisis, it's important to stay calm and make informed decisions. If you or a loved one is arrested and needs to post bail, follow the advice of Tulsa Attorney James Worth. Remember, do not talk about the case with anyone except your attorney, as jail recordings can be used against you. Contact an attorney who can recommend a reliable bail bondsman to facilitate a quick release. In larger counties like Tulsa, there may be a bond schedule, but for cases without a set amount, it may take a couple of days for a judge to determine bail. Stay informed, seek legal advice, and take action to protect your rights. For personalized guidance, reach out to an attorney at MakeLawEasy.com. Read more »Understanding Bail and Bond Procedures in Oklahoma Courts
Understanding the bail and bond procedures in Oklahoma courts is crucial if you or a loved one have been arrested. In Oklahoma, the initial bond amount is typically set based on a bond schedule for the type of offense committed. However, if the amount is not set or you wish to request a reduction, you can file a motion to do so. Bail is not meant to be a punishment but rather to ensure public safety and the defendant's appearance in court. It is important to seek legal advice if you are facing criminal charges to navigate the bail process effectively. Contact my office at MakeLawEasy.com to schedule a consultation with an attorney. Read more »Appealing a Conviction in Oklahoma: Process and Procedure
Appealing a conviction in Oklahoma is a complex process that requires strict adherence to deadlines and detailed legal arguments. Attorney James Worth breaks down the steps involved in a direct appeal, from filing a Notice of Intent to Appeal within 10 days of the judgment and sentence to submitting a petition in error listing alleged errors in the trial. The appellate brief is crucial, presenting persuasive arguments based on the record to demonstrate prejudicial errors. The court then considers the briefs and issues a decision, a process that can take anywhere from six months to a year and a half. With so much at stake, it's essential to have an experienced attorney guiding you through the appellate process. Read more »How is the Bail Amount Determined in Oklahoma?
If you've ever wondered how bail amounts are determined in Oklahoma, Tulsa Attorney James Wirth has the answers for you. In larger counties like Tulsa County, bond schedules are used to quickly set bail amounts for individuals facing charges. However, not all offenses are listed on the schedule, especially domestic offenses, which require a specific determination by a judge. If you can't afford to bond out, you have the opportunity to request a motion for a bond reduction or a motion to determine bond. Understanding the factors that go into determining bail is crucial, so be sure to seek legal advice from an attorney for personalized guidance. Read more »Got My Son a Phone but Ex Won't Allow it at Her House. What Can I Do?
In this 100-word excerpt, Tulsa attorney James Wirth discusses the issue of a parent not allowing their child to have a phone at their house, causing communication issues between the child and the other parent. Wirth explains the general rule that decisions like this are determined by the parent with physical custody at that time. However, if there is joint custody, a joint child custody plan may address specific issues like phones. Wirth suggests utilizing a parenting coordinator for small parenting issues to avoid costly court battles. He encourages seeking legal advice to address unique circumstances that may impact the situation. Read more »Who Testifies at a Preliminary Hearing in Oklahoma?
In the state of Oklahoma, who testifies at a preliminary hearing? Tulsa Attorney James Wirth explains that the state is required to prove the crime was committed and that you committed it. Typically, witnesses called depend on the type of offense. For felony domestic violence, the victim may testify, while for possession of CDS, law enforcement is common. The state calls a minimum number of witnesses to establish probable cause. The defense rarely calls witnesses to avoid revealing their strategy. However, in certain cases, calling a witness may be strategic to secure crucial testimony. For legal advice on felony charges in Oklahoma, consult a lawyer at makelaweasy.com. Read more »What if Your Common Law Spouse Dies with Real Estate Her Name?
In the event of your common-law spouse passing away with real estate and property solely in their name, it's important to understand your rights and options. As a Tulsa attorney, I want to assure you that being in a common-law marriage holds the same legal weight as a traditional marriage. You have the right to file a probate action to prove your status as a common-law spouse and secure your entitlement to marital property. Whether the real estate was acquired during the marriage or prior to it, there are factors to consider in determining the distribution of assets. Seek legal counsel to navigate through this process and ensure your rights are protected. For personalized guidance, schedule a consultation with a knowledgeable attorney at our office. Visit makelaweasy.com to book an appointment. Read more »Dad is Making Progress with Mental Heath Struggles, But Mom Won't Allow His Visitation.
If you are a father who is actively working on improving your mental health and fulfilling your child support obligations, it can be frustrating to be denied visitation with your children. You have rights as a parent, and it is important to explore your options for enforcing those rights.
Attorney James Worth specializes in father's rights and child support enforcement cases. He can help you understand the legal process and advocate for your interests in court. With the right legal representation, you can work towards a resolution that allows you to maintain a meaningful relationship with your children.
Understanding your rights as a father is essential. Attorney James Worth can explain the laws that apply to your situation and help you develop a strategy for asserting your parental rights.
Don't let frustration and confusion prevent you from seeking the legal help you need. Contact Attorney James Worth today to schedule a low-cost initial strategy session. Take the first step towards resolving your family law issues and securing your rights as a father. Read more »Challenging Evidence: The Exclusionary Rule in Oklahoma Law
In criminal cases, the exclusionary rule plays a crucial role in enforcing constitutional rights in Oklahoma. As a Tulsa attorney, I have seen firsthand how this rule can make a difference in ensuring justice is served. Whether it's a Fourth Amendment violation, Miranda rights violation, or a Brady violation, the exclusionary rule serves as a safeguard against law enforcement misconduct. By excluding illegally obtained evidence, we can hold the state accountable and protect individuals from unjust prosecution. If you believe your rights have been violated, it's important to seek legal advice from an experienced attorney who can help navigate the complexities of the legal system. Contact my office at MakeLawEasy.com to discuss your case confidentially. Read more »Handling a Bench Warrant: What Steps to Take in Oklahoma
Handling a bench warrant in Oklahoma can be a complicated and stressful situation. Whether it's a failure to pay, failure to appear, an application to accelerate or revoke, or a new case, the steps you take can have a big impact on the outcome. It's crucial to have an experienced attorney on your side to navigate the legal process and help you resolve the warrant as quickly and efficiently as possible. Don't risk being arrested during a traffic stop or having your bond tripled. Contact an attorney like James Wirth to assist you in handling your bench warrant and getting your legal issues sorted out. Read more »Challenged by Ex, Temp Visitation Order Struggles to Ramp Up
If you have a temporary order for extended standard visitation that is not being followed by your ex, it's important to understand your options. Extended standard visitation typically means every other weekend, possibly starting on Friday night and ending on Monday morning. If there was an understanding that visitation would increase over time, but it's not happening, you may need to take legal action. Make sure any step-up provisions are clearly outlined in the court order to make enforcement easier. Consider pushing the case forward to trial to demonstrate non-compliance and seek a modification. Every case is unique, so seeking the advice of an attorney is crucial. Contact us at makelaweasy.com to discuss your specific situation. Read more »What are the Consequences of Failing to Appear for Court in Oklahoma after Bailing Out?
Don't let failing to appear in court after bailing out in Oklahoma compound your legal troubles. Ignoring a court date can lead to a warrant for your arrest and an increase in your bail amount. It's crucial to act quickly and coordinate with your bail bondsman and attorney to address the situation and potentially have the warrant recalled. Seeking legal advice tailored to your specific circumstances is essential in navigating this challenging situation. Contact Justice Attorney James Wirth at MakeLawEasy.com to schedule a consultation and take steps to resolve your case effectively. Don't delay, your freedom may depend on it. Read more »What Happens to the Bail Money if You Attend All of Your Court Dates in an Oklahoma Criminal Case?
In Oklahoma, what happens to your bail money if you make it to all court appearances and finish out your case? Attorney James Wirth breaks it down for you. If you or a family member paid the bail amount, you can get 100% refunded once the case is resolved. However, if there are court costs, fines, or restitution, they may deduct from the refund. If you used a bail bondsman, the fee you paid (typically 10% of the bail amount) is non-refundable. The bail bondsman is off the hook once your case is done, but you'll still be responsible for any fines and costs. For personalized legal advice, contact Attorney James Wirth at MakeLawEasy.com. Read more »Can a Divorce Require a Name Change in Oklahoma?
Can a divorce require a name change in Oklahoma? Attorney James Wirth explains that while the court cannot force a name change post-divorce, the individual who had their name changed for the marriage can request to go back to a prior name. This is not mandatory, and there are no gender rules regarding this decision. The husband cannot make requests regarding the wife's name post-divorce, as it is ultimately up to the individual who had their name changed. If you are facing this situation, it is recommended to seek legal advice from an attorney. Schedule a consultation with Attorney James Wirth at MakeLawEasy.com. Read more »Do I Need an Agreement to File for Divorce in Oklahoma?
Do I need an agreement to file for divorce in Oklahoma? Attorney James Wirth answers this common question, explaining that while having an agreement can make the process simpler and faster, it is not necessary. In most cases, couples are not in agreement when filing for divorce, which is why they are seeking legal intervention. Through the court process, opportunities for settlement and negotiation arise, with mediation often being a requirement before trial. Ultimately, many cases result in an agreed final order rather than going to trial. If you are facing a divorce and need legal advice, reach out to an attorney for guidance tailored to your specific situation. Read more »Oklahoma's Recommended Visitation for 18 Month to 36 Month Old
In this blog post, Tulsa attorney James Wirth discusses the recommended visitation guidelines for 18-month to 36-month-old children in Oklahoma. These guidelines were established in 2004 to provide uniformity and promote the best interests of the child based on current scientific research. Wirth explains the importance of maintaining routines, supporting the child's relationship with both parents, and implementing strategies such as daily telephone contact and picture books to facilitate smooth transitions and positive interactions. While the guidelines offer valuable insight, Wirth emphasizes the need for individualized legal advice and representation when navigating visitation issues in Oklahoma courts. To learn more, visit MakeLawEasy.com. Read more »Oklahoma's Recommended Visitation for 9 to 18 Month Old
In this excerpt, Tulsa attorney James Wirth discusses Oklahoma's recommended visitation guidelines for children aged nine months to 18 months. He explains that these guidelines were established in 2005 to determine the best interests of the child based on their age and development. Wirth emphasizes the importance of predictability and consistency for children in this age group, as well as the need for both parents to participate in daily routines and have frequent contact with the child. While the guidelines do not favor one parent over the other, they do recommend that parents establish similar routines and maintain regular communication. Wirth suggests that if both parents work outside the home, splitting weekends may be a practical solution to ensure quality time with the child. He advises individuals involved in family law cases in Oklahoma to seek legal advice from an attorney to navigate these guidelines effectively. Read more »Tulsa Attorney James Wirth on McGirt Ruling - KTUL Channel 8 Interview
Watch the video above to learn more about the recent release of Jim C. McGirt, a man at the center of a landmark case. After serving over 27 years in prison for aggravated sexual abuse, a federal judge ruled that his 30-year sentence has been completed with credit for time served. This decision stems from the McGirt v. Oklahoma case, where jurisdiction over crimes committed on tribal land was called into question. The ruling has had a significant impact on the legal system in Oklahoma, potentially upending years of court decisions. Stay tuned as we continue to follow this developing story. Read more »How Does a Divorce Affect Estate Planning in Oklahoma?
Estate planning is often overlooked in the midst of a divorce, but it is crucial to revisit and update your will, advanced medical directive, power of attorney, and trust during this time. Your ex-spouse should not be making life-altering decisions for you if you become incapacitated. It's important to review and refresh these documents annually to ensure they are up to date. Don't wait until it's too late to make these necessary changes. Take the time to protect yourself and your assets during this difficult time. Your future self will thank you for being proactive in your estate planning. Read more »What Is Support Alimony?
Support alimony is a complex issue that often arises during divorce proceedings. In Oklahoma, it is not clearly defined in statutory law, leaving it up to the discretion of the court. The two-pronged test involves determining if one party has a need for support and if the other party has the ability to meet that need. This assessment is based on individual budgets and financial circumstances. If one party has a deficiency and the other has an excess after expenses, the court may allocate support alimony accordingly. It's important to seek legal advice to understand how support alimony may apply to your specific situation. Read more »Oklahoma's Recommended Visitation for 3 to 5 Year Old
Oklahoma's recommended visitation schedule for children age three to five is outlined in advisory guidelines established by the state in 2004. As Tulsa attorney James Wirth explains in a series of videos, these guidelines aim to determine what is in the best interest of the child based on current scientific research and provide some uniformity in visitation schedules across different judges and counties. For children in this age group, it is important to consider their impulsive nature, concrete thinking, and tendency to say what they think parents want to hear. The guidelines recommend gradually increasing visitation time as the child becomes more comfortable moving between two homes, with a focus on maintaining a consistent routine and allowing for adequate parental involvement. Ultimately, it is crucial to seek legal advice and tailor the visitation schedule to the specific needs of your child and family dynamics. Read more »Oklahoma's Recommended Visitation Schedule for Ages 5 to 17
Oklahoma's recommended visitation schedule for ages five through 17 is a crucial aspect to consider when navigating custody arrangements. Tulsa Attorney James Wirth dives into the advisory guidelines and standard visitation schedules set by the Oklahoma legislature in 2004. These guidelines provide recommendations for weekend sharing, midweek sharing, holidays, summer break, midterm breaks, transportation, and coordinating visitation with siblings. While these guidelines are not mandatory, they serve as a helpful starting point for developing a visitation schedule that suits the best interest of the child. Consulting with a knowledgeable attorney is key to understanding and implementing these guidelines effectively in your custody case. Read more »What Do I Do to Get My Kids Out of a Guardianship?
If you're facing the challenge of getting your kids out of a guardianship, it's important to understand your rights as a parent. Constitutional law grants parents the right to the care and custody of their children, unless they are found to be unfit. In order to terminate a guardianship and regain custody, you must demonstrate to the court that you are now fit to care for your children. This may involve addressing any issues that led to the guardianship in the first place, such as unsafe living conditions or substance abuse. Working with an experienced attorney like James Wirth can help guide you through the legal process and ensure the best outcome for your family. Read more »
