Criminal Law
Avoiding Wrongful Convictions in Oklahoma: Eyewitness Identification
After studying the currently known list of wrongful convictions in Oklahoma, the Oklahoma Justice Commission has made recommendations to help prevent further wrongful convictions. One of these areas of view, and the topic for today, is Eyewitness Identification. What’s in a Lineup? Before we can begin to discuss the recommendations of the Commission, first, we […] Read more »
Justice Commission Targets Wrongful Convictions in Oklahoma
A commission charged by the Oklahoma Bar Association to find ways to improve reliability of criminal convictions has returned some advice for state officials. The panel identified a long list of reforms that could reduce the frequency of wrongful convictions in Oklahoma. Led by former state Attorney General Drew Edmondson the commission reviewed how false […] Read more »
In Oklahoma, Excessive Force Banned as Cruel and Unusual Punishment
You might think it’s a well-established principle of modern law. Jailers can’t beat prisoners. Yet when jailers exert excessive force in Oklahoma, it can be difficult for the victim to recover damages. The Oklahoma Supreme Court this week stood up for the rights of citizens not to be abused in jail. The decision handed down […] Read more »In Contempt of Court Case, An Apology Can Make A Difference
A young Florida woman facing 30 days in jail on felony contempt of court charges salvaged her reputation when she tearfully apologized to a Maimi judge. The judge had ordered the woman to serve 30 days after she cursed and made an obscene gesture in his courtroom. Upon hearing her apology, the judge dropped the […] Read more »Courtroom Etiquette 101: Don't Flip Off the Judge
A Miami, Florida teen sentenced to 30 days in jail for contempt of court provided a text-book example of how a defendant’s indifference to courtroom etiquette can cause substantial harm to their case. It’s yet another example why defendants do best to have a criminal defense attorney represent them in courtroom procedures. The 18-year-old defendant […] Read more »
Right to Attorney Reinforced in 10th Circuit
Shocked by an unexpected arrest, you assert your right to have an attorney represent you and remain silent. You show a police officer a card that says you don’t want to answer any questions until you talk with an attorney. The card is addressed to police, and bears the name of an attorney. Nonetheless, police […] Read more »
Oklahoma Parole Board Wins Its Own Release
A Constitutional amendment voters approved in November will soon make it easier for thousands of Oklahomans living behind prison walls to be released on parole for non-violent offenses. At the same time, the Oklahoma parole board got a little more freedom, too. Starting in January, the governor will no longer be allowed to second-guess Oklahoma […] Read more »
Court Strikes Portions of Oklahoma Methamphetamine Offender Registry Law
The Oklahoma Court of Criminal Appeals this week struck down portions of a law that requires people convicted of methamphetamine-related crimes to submit their names to an Oklahoma methamphetamine offender registry. The portions of the law declared unconstitutional make it a crime for those on the registry to purchase psueduephedrine, or for anyone else to […] Read more »
For Criminal Defense Attorneys, Devil is in the Details
A marijuana case decided this week in the 10th Circuit Court of Appeals emphasizes why it is important for criminal defense attorneys to carefully research witness backgrounds and recognize appellate issues even before a criminal case goes to trial. The case involves a retired truck driver facing five years in federal prison over six duffel […] Read more »
Felony Child Abuse by Injury Dismissed at Preliminary Hearing
Today I can announce a tremendous victory achieved for a Wirth Law Office client last Thursday. Our client was facing the possibility of life behind bars after being charged with felony child abuse by injury. He had been held in jail unable to make a six figure bond since June. Then last Wednesday (September 5, […] Read more »
Attorney-Client Privilege Violated by District Attorney?
The Attorney-Client Privilege The attorney-client privilege allows people to disclose sensitive matters with their attorney without fear of the information being used against them. As it is imperative that clients be truthful and forthright with their lawyer, the attorney-client privilege is a necessary tradition in the legal world. Lawyers can be punished for violating their […] Read more »
Felony Charge Dismissed
Wirth Law Office’s client was charged with six (6) counts of Obtaining Money by False Pretense in October of 1996. A warrant was issued for his arrest, but the warrant was never executed. Fourteen years later, the client finds out about the case for the first time and retains the Wirth Law Office. Normally the […] Read more »Motion to Suppress Granted
Today Tulsa attorney James M. Wirth was successful in getting all incriminating evidence suppressed in a criminal case in Tulsa County District Court. Wirth Law Office’s client was charged with Endeavoring to Manufacture Methamphetamine. However, the police obtained incriminating evidence by entering a Tulsa home without a warrant. At the preliminary hearing, Mr. Wirth and […] Read more »Two Dismissed Cases this Week
The Wirth Law Office successfully argued for dismissals in two unrelated criminal cases this week. First, on Wednesday, Mr. Wirth convinced the prosecutor to dismiss a Malicious Injury to Property case, without the client ever having to be arrested or processed on the then active warrant. Then on Friday, Mr. Wirth obtained a dismissal in […] Read more »
