Criminal Law
Navigating Preliminary Hearings: Tips for Success and Strategy
In this blog post, Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, demystifies the concept of a preliminary hearing in criminal law. Often perceived as a 'trial before the trial,' a preliminary hearing requires the state to demonstrate a basic justification for filing charges. Unlike a full trial, the burden of proof is lower, requiring only a preponderance of evidence. Carl shares insights from his seven years of practice, emphasizing a strategic approach to gather information for trial rather than aggressive cross-examination. If you're facing a preliminary hearing or have questions, Carl encourages reaching out for professional guidance. Read more »Demystifying Misdemeanor Cases: Your Guide Through Legal Steps
Facing misdemeanor charges and unsure of what to expect? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, specializing in criminal law for seven years. Let me guide you through the process. Misdemeanor cases differ from felonies primarily in that they're typically tried before one judge. Initially, you'll enter a plea, and the court could set an Allen hearing to ensure discovery is complete. At disposition, you'll decide whether to negotiate a plea or proceed to trial. If you're uncertain or need assistance, don't hesitate to contact me. I'm here to help make the legal process easier for you. Read more »Understanding Felony Charges: A Step-by-Step Legal Guide
Facing felony charges can be daunting, but understanding the process can ease some of the stress. I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, and I've been practicing criminal law for about seven years. My goal is to make law easy for you. A felony case typically begins with an arraignment, where you plead not guilty, followed by either a pre-preliminary hearing or a preliminary hearing. During this phase, your attorney will work on discovery and negotiations with the state. If unresolved, the case moves to a district court, potentially leading to a jury trial. For guidance, reach out—I'm here to help. Read more »Probation Violations: Key Legal Insights and How to Handle Them
Are you on probation and worried about potential violations? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, here to simplify the legal process for you. When facing probation violations, you may encounter two key motions: an application to accelerate and a motion to revoke. Understanding these can be crucial. An application to accelerate affects those on deferred sentences, potentially leading to a guilty conviction. A motion to revoke pertains to suspended sentences and could result in jail time. It's vital to adhere to probation rules to avoid these situations. If issues arise, contact us for guidance. Read more »Probation Pitfalls: How to Avoid Violations and Legal Trouble
Are you on probation and unsure about the consequences of not following the rules? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, specializing in family and criminal law. Many people overlook the conditions of probation, focusing only on avoiding jail time. However, adhering to probation requirements is crucial. Failing to comply can lead to warrants being issued for violations. I recently helped a client who faced multiple violations by proactively addressing the issue. It's essential to fully understand what you're agreeing to when accepting probation. If you're uncertain or have questions, contact me for guidance. Read more »Navigating Court-Appointed Attorneys: What You Need to Know
Navigating the legal system can be overwhelming, especially when it comes to determining if you qualify for a court-appointed lawyer. As an experienced attorney at Wirth Law Office in Tulsa, Oklahoma, I have seen firsthand the complexities of this process. Many people mistakenly believe they can automatically receive a free attorney for any case, but the truth is, there are specific criteria that must be met. From adoptions to criminal cases, the rules can vary. If you have been denied a public defender but still need legal representation, don't hesitate to reach out. Let's work together to make law easy for you. Contact me, Carl Birkhead, for assistance today. Read more »Missed Court Date? Here's How to Handle It
Facing criminal charges and missed a court date? Attorney Carl Birkhead of Wirth Law Group in Tulsa, Oklahoma, can help. Life happens, but it's crucial to take action if you can't make it to court. Call your lawyer or the court clerks to explain your situation. If a warrant is issued, find out when the next docket is and show up, ready to explain and provide proof of why you missed. And most importantly, be respectful to the court and follow their instructions. Don't make the mistake of disrespecting the court like one individual did, leading to a worse outcome. Let Carl Birkhead guide you through the process and make law easy for you. 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 »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 »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 »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 »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 »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 »What Are My Responsibilities While Being in a Tulsa Drug Court?
What Are My Responsibilities While Being in Drug Court in Tulsa County? If you do get accepted into the drug court program, what you’ll need to do is, first and foremost, follow the rules that will be set out for you. There’ll be an extensive list of rules that your attorney will go over with […] Read more »What is the End-Game of Tulsa Drug Court?
The aim of Drug Court in Tulsa is to reduce recidivism. This is done by providing alternatives to traditional criminal justice processes for individuals charged with drug-related offenses. Here are some common goals of Drug Court in Tulsa: Reduce drug use and related crimes – decrease the use of illegal substances and lower rates of crime […] Read more »Tulsa Assault and Battery Attorney
Tulsa Attorney for Assault and Battery Charges In Oklahoma, assault and battery offenses include a wide range of charges and related punishments, as well as sub-category offenses with their own corresponding penalties. First, we must define the terms assault and battery. Oklahoma defines assault as any intentional and unlawful attempt to cause bodily harm to […] Read more »SCOTUS to Decide: Can Oklahoma Prosecute Non-Indians for Crimes Against Indians in Indian Country?
The court decided to accept the case, but it was narrow in saying that we're not going to accept it for both those issues. Read more »United States Supreme Court Declines Oklahoma's Request to Overturn McGirt
The court has specifically said, "We are not going to re-decide, re-litigate, re-hear the main decision in McGirt. Read more »United States Supreme Court Declines Oklahoma's Request to Overturn McGirt
The court has specifically said, "We are not going to re-decide, re-litigate, re-hear the main decision in McGirt. Read more »Final, Uncontested Judgment Vacating a Conviction Under McGirt Is Itself Vacated 6 Months Later
Oklahoma court makes an unprecedented decision. Read more »OCCA Rules Kiowa-Comanche-Apache Reservation was Disestablished in the Year 1900
Oklahoma Court of Criminal Appeals reviewed that and found that be an explicit disestablish of the reservation at that time. Read more »McGirt Expands to Mining Regulation in Northeast Oklahoma
The McGirt decision from the United States Supreme Court found the Muskogee Creek Nation was never disestablished. Read more »United States Supreme Court Refuses to Hear the Wallace Appeal (State v. Parish)
As a practical matter, many people in the state of Oklahoma obviously want to mitigate the damages caused by the decision in McGirt. Read more »United States Supreme Court Refuses to Hear the Wallace Appeal (State v. Parish)
Video Transcribed: United States Supreme Court refuses to hear the Wallace appeal. I’m Oklahoma attorney James Wirth and I am a lawyer in Tulsa. I’m doing a video regarding an update in the Wallace case. That is the case where the Oklahoma Court of Criminal Appeals decided that McGirt, rather than just being an issue […] Read more »
