Tulsa Attorney Blog
How to Get Emergency Custody of a Child
If you believe a child is in danger and needs emergency custody, it is crucial to act quickly. As a family attorney in Tulsa, Oklahoma, I can guide you through the process of obtaining emergency custody for a child facing immediate and irreparable harm. Whether it's through a police report, affidavit from law enforcement or DHS, or testimony from a witness, there are steps you can take to protect a child in danger. Don't hesitate to reach out for help and take action to ensure the safety and well-being of a child in need. Contact Worth Law Office for assistance in navigating the legal process and securing emergency custody for a child in crisis. Read more »Is There Anyway to Stop Child Support Outside of Court?
Child support orders can't be stopped outside of court without a judge's approval. Even if both parties agree, a court order is still necessary to legally stop child support payments. Child support continues to accrue interest and can be enforced by the court if not officially terminated. Aging out of children on the support order does not automatically stop payments, unless all children have reached the age of majority. It's important to consult with an attorney to navigate the legal process of modifying child support orders. To schedule a consultation with Tulsa attorney James Wirth, visit makelaweasy.com. Read more »OCCA Removes Requirement for New Evidence before State can Refile Judge Dismissed Case. 2024 OK CR 7
In a recent case, Halliburton v. State of Oklahoma 2024 OKCR7, the Oklahoma Court of Criminal Appeals made a significant decision regarding the refiling of dismissed cases. Previously, prosecutors were required to present new evidence before refiling a case that had been dismissed by a judge. However, in this new ruling, the court removed that requirement, stating that the state can refile a case without any proof of new evidence. This decision has raised concerns about potential forum shopping and the imbalance of power between the state and defendants. If you are facing criminal prosecution in Oklahoma, it is essential to consult with an experienced attorney to understand how this ruling may impact your case. Read more »The Impact of Miranda Rights Violations on Your Oklahoma Case
The impact of a Miranda rights violation in your Oklahoma case can be significant. As a Tulsa attorney, I've seen how crucial it is to understand your rights and how they can protect you during criminal proceedings. If the police fail to properly inform you of your Miranda rights before questioning you, any statements you make could potentially be excluded as evidence. It's important to remember that you have the right to remain silent and should exercise that right if you find yourself in this situation. Consulting with an experienced attorney can help you navigate the legal process and ensure that your rights are protected. Contact my office at MakeLawEasy.com to schedule a consultation. Read more »Can Bail be Denied in Oklahoma?
In Oklahoma, bail can be denied in certain circumstances, as outlined in the state's constitution. Capital offenses, violent crimes, and drug-related offenses with significant penalties are among the cases where bail can be denied. However, it is important to remember that pretrial detention should not be punitive but rather a measure to ensure appearance in court and protect the community. If you find yourself facing a situation where bail is being denied, it is crucial to seek legal counsel to understand your rights and options. To schedule a consultation with an attorney who can provide actionable advice for your case, visit MakeLawEasy.com. Read more »Does My Child's Employment Effect my Child Support in Oklahoma?
In Oklahoma, a child's employment does not affect child support payments. Child support is based on the income of the parents, not the income of the child. Even if a child starts working at 16, it will not impact the child support order. Child support can continue until the age of 18 or up to 21 if the child is enrolled in high school. If you have more questions about child support in Oklahoma, it's best to speak with a family law attorney. To schedule a consultation with Attorney James Wirth, visit MakeLawEasy.com. Get the answers you need to ensure your child's financial needs are met. Read more »Possession of a Controlled Dangerous Substance (Constructive Possession)
Are you facing drug possession charges even though you didn't actually have drugs on you? Attorney Karl Burkhead is here to help navigate the legal process. In Oklahoma, constructive possession allows law enforcement to charge you if drugs were within your realm of access or control, even if you didn't know they were there. Whether it was in a friend's car or house, the state will try to hold you accountable. With Karl Burkhead's experience in criminal defense, he can help prove your innocence with crucial facts and circumstances. Reach out to Worth Law Office for assistance in fighting these charges. Read more »What to Do When Questioned by Law Enforcement
Are you being questioned by law enforcement for being suspected of having committed a crime? My name is Karl Burkhead. I'm with Worth Law Office in Tulsa, and I'm a criminal defense attorney, and I'd like to help you navigate this process. A lot of times people get in situations where, you know, cops show up at their door or law enforcement asks them to come down and ask some questions about an ongoing investigation. More often than not, people will think that they can talk their way out of it, regardless of whether or not you are innocent or have done something. It is always in your best interest to make sure that you have an attorney present before answering any questioning. As an example, not too many years ago, I had a client who was being questioned for allegedly possessing methamphetamines. My client think that he could talk his way out of it, said he did not intend to actually use the meth, he intended to sell it. While that may sound like a great idea, hey officer, I might have had it on my possession, but I didn't intend to use it at all. I was going to go trade it for a pack of cigarettes. What he had accidentally done was talked his way into getting a felony charge rather than a misdemeanor charge. It's very, very nerve-wracking when being questioned by law enforcement, and it is very easy to think that the best way to to get out of it is just to have a chat. This is the one situation where that's not going to be the best case for you. Anytime you're even suspected of a crime, always consult an attorney first, and if you are ever approached by law enforcement for any reason, even if it's just to say we think you may have been a witness, your response should always first be, I understand that, I'd like to speak with an attorney, and then we will get back with you. If you have any other questions, or if you feel like this has been some helpful information, I would love to be able to chat with you more. If you find yourself in a situation where you were facing any sort of criminal charges or even being questioned by law enforcement, please feel free to reach out to our office. You can find us at MakeLawEasy.com or reach out to Worth Law Office. Once again, my name is Carl Burkett, and I hope this was informative. Read more »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 »
