Tulsa Attorney Blog
Rogers County District Attorney Election Promises Long, Lively Campaign
The 2014 Rogers County District Attorney election promises to be among the more intriguing local elections we’ve seen lately. We have already seen a cop suing the DA, the DA suing a newspaper and a judge seeking election to the DA’s office fired – at a meeting reportedly called by a relative of the current […] Read more »
Drug Defendants Robbed of Basic Rights By Secret Police
By now most of us know the government is snooping on our telephone and Internet traffic. Reports detailing how the National Security Agency sucks up vast amounts of data generated by routine activities of hapless citizens not suspected of any crime long predate smoking-gun documents leaked this summer by a former NSA worker. In the […] Read more »
Jurors Scold Prosecution in Muskogee Trial
A Muskogee jury issued an unusual post-trial statement after an Aug. 8, 2013 trial, admonishing police and the District Attorney’s office for a “sloppy and incomplete job.” The unusual scolding came at the end of a trial in which Muskogee defense attorney Larry Vickers had defended a man against charges of burglary, assault and battery, […] Read more »
Among Asset Forfeiture Nightmares, Oklahoma Laws Loom Large
The nationwide investigative journalism project ProPublica has released a report detailing nightmare scenarios surrounding the widely used civil forfeiture process. Under civil asset forfeiture laws state, local and federal agencies routinely seize property from individuals who sometimes have not been convicted – or even charged – with a crime. According to ProPublica, the city of […] Read more »
Confidential Juvenile Records 'Strewn' Around Rogers County Courthouse
The idea that juveniles should be treated differently under the law predates the origins of U.S. jurisprudence. Juvenile justice has changed significantly since it was originally shaped by English common law but a significant precept of juvenile justice has long been that juveniles in the system are afforded a degree of privacy. Juvenile courts nationwide […] Read more »
14 Unemployment Appeal Wins in a Row
The unemployment appeal winning streak continues. Oklahoma unemployment attorney, James M. Wirth, has now won 14 of the last 14 unemployment appeals he has handled. Most of these cases overruled previous denials of unemployment benefits for Wirth Law Office clients. In the majority of the cases, Mr. Wirth was able to prevent the employer from […] Read more »
9th Circuit Tosses K9 Nose Witness Testimony
The use of sniffer dogs in criminal court has to be among the most bizarre trends yet to sweep across modern jurisprudence. In some cases, judges have virtually handed their authority over to dogs, allowing police to conduct unwarranted searches based on an officer’s interpretation of their loyal K9’s nuanced behavior. A 9th Circuit Court […] Read more »
Private Firm's Cash Seizures Flout Asset Forfeiture Law
A private company’s seizure of cash from motorists along a 21-mile length of I-40 in Caddo County has raised the ire of at least one judge. A Caddo County District Attorney nonetheless says he plans to “move forward” with a drug interdiction program that has had a private agency stopping and seizing cash from motorists. […] Read more »
Wrongful Conviction: Tulsa Court Must Rule on Actual Innocence
A Tulsa judge who last year vacated a 1996 robbery conviction must now make a determination of the man’s actual innocence, the Oklahoma Supreme Court determined in a July, 2013 opinion. The opinion clears the way for the man to file a wrongful conviction claim against the state of Oklahoma. In a case championed by […] Read more »
Gurneys, Straps and Needles: No Refusal DUI Tests Resemble Execution Procedure
An Oklahoma Highway Patrol captain in command of troopers in seven south-central counties wants to expand the use of forced blood draws in DUI traffic stops. The initiative comes on the heals of an April U.S. Supreme Court decision that put a stop to most forced blood draws by police unless they first obtain a […] Read more »
Court Ok'd City's 'Too Smart to Be a Cop' Rule
Should you decide to seek work as a police officer in New London, Connecticut – if you’re smart — you might want to bungle a few answers on the IQ test. Too high of a score means you are too smart to be a cop. A New London policy that denied a job offer to […] Read more »
Surveillance Programs Can Be Criminal Defense Windfall
Popular wisdom holds that when government and industry amass trillions of terabytes of data about the routine activities of everyday citizens little good can come of the effort. Two recent cases, however, highlight the potential value of digital archives for defense against criminal charges. The first case raises interesting questions about those millions of domestic […] Read more »
Court Blocks Retroactive Oklahoma Sex Offender Registry Rule
With an eye toward removing potentially hundreds of names from the Oklahoma sex offender registry, the state Dept. of Corrections is reviewing details of more than 7,700 listed sex offenders. The review follows a June 25 state Supreme Court decision that found retroactive application of revised sex-offender registration rules violated a state constitutional provision against […] Read more »
Constitutional Questions Swirl Around Metabolite DUI Laws
While many states’ criminal codes treat marijuana as an increasingly trivial concern, legislators in some states have been piling on drugged driving laws that target marijuana users long after any intoxicating effect has subsided. Oklahoma is the latest state to adopt a law that allows prosecution of unimpaired drivers on DUI charges when drug tests […] Read more »
With Metabolite DUI, You Still Have the Right To Remain Silent
A new law set to take effect Oct. 1 will make Oklahoma one of the most restrictive states in the nation with regard to drivers who have traces of marijuana in their system. Under the new metabolite DUI law, any driver found with any amount of marijuana – or inactive metabolites of marijuana – in […] Read more »
Under Drugged Driving Law, Unintoxicated Drivers Could Face DUI Charges
A new Oklahoma drugged-driving law set to take effect Oct. 1, 2013 may encourage prosecution of drivers who are not intoxicated. The new metabolite DUI law makes it a crime for a driver to operate a vehicle with any amount of certain drugs – or metabolites of those drugs – in the driver’s bodily fluids. […] Read more »
Oklahoma Tort Reform Unraveled: Comprehensive Reform Act of 2009 Citationized
Click here to download the full report “Tort Reform Unraveled” in a printable pdf format. When the Oklahoma Supreme Court on June 4, 2013 struck down a landmark 2009 Tort Reform bill, it reversed law spread across 10 titles and 81 sections of Oklahoma Statutes. The order did not include references to the statutes created […] Read more »
Tort Reform Unraveled: Supreme Court Reverses 2009 Tort Bill
Click here to download the full report “Tort Reform Unraveled” in a printable pdf format. When the Oklahoma Supreme Court on June 4, 2013 struck down the Comprehensive Lawsuit Reform Act of 2009, it reversed one of the most far-reaching measures governing litigation in Oklahoma lawmaking history. For more than 3 ½ years, attorneys working […] Read more »
SCOTUS Opens Door to Expanded Reliance on DNA Evidence
The U.S. Supreme Court on Monday issued a ruling that effectively allows police to routinely take DNA samples from anyone arrested on suspicion of a crime. The ruling reflects a troubling trend away from protection of privacy and respect for constitutional protection against searches and seizures. Coupled with the court’s recent indifference toward warrantless wiretaps […] Read more »
In Oklahoma Felony Means Prison — Except When It Doesn't
The concept of legal certainty embodies one of the most basic requirements for the rule of law. Legal philosophers and international bodies alike recognize society’s need for a predictable system of laws so that those who live under the law can regulate their conduct with certainty. Sociologists provide scientific support for the idea that individuals […] Read more »
Would NTSB's Lower DUI Blood Alcohol Limits Save Lives?
The National Transportation Safety Board today released a report calling for reduction of maximum blood alcohol limits for drivers from .08 to .05. The NTSB’s recommendations may find purchase among legislators looking to get tough on drunk driving. As a Tulsa personal injury attorney who represents clients seeking to recover damages in accidents caused by […] Read more »
Lawmakers Who Dismantled Oklahoma Workers Compensation Court Misunderstood the Law
The Oklahoma Senate this week voted on the final version of a bill that will dismantle the current workers compensation court system and replace it with an administrative system. Some of those who voted on the bill appeared to misunderstand both the current workers compensation system and the new system they voted on. Legislators who […] Read more »
Tulsa Jail Population Dips After Judge Orders 25 Inmates Released
Efforts to reduce the number of inmates in Tulsa jail could bode well for those who have served the majority of a sentence and may be eligible for early release. Inmates detained on questionable grounds may also be due for a welcome surprise. A Sheriff’s Department spokesperson told the Tulsa World jail staff has been […] Read more »
An Oklahoma Debtors Prison: Tulsa Jail Overcrowded by Indebted Inmates
The Tulsa County jail is growing dangerously overcrowded. The facility has exceeded its official capacity for the past eight months. According to a report this month in the Tulsa World, the jail’s population could soon exceed official capacity by nearly 20 percent: 300 more than the 1,700 inmates the jail is designed to hold. What […] Read more »What is a Tulsa Criminal Justice Lawyer
You might be surprised how much time some Tulsa criminal justice lawyers spend freely answering people’s questions about law. For some of us, it’s a way to let prospective clients get to know us before they retain us as their criminal defense lawyer. Many who approach us with questions are encountering the criminal justice system […] Read more »
