Tulsa Attorney Blog
Avoiding Wrongful Convictions in Oklahoma: Stopping False Confessions
The Problem With False Confessions If the police suspect you of a crime, don’t expect them to help you. The police are in the business of putting the bad guys in jail. But, what happens when an innocent person has been marked as “the bad guy?” It is here where knowing your rights and knowing […] Read more »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 »
The Dangers of Being Unrepresented: True Story
Abraham Lincoln had it right when he stated, “He who represents himself has a fool for a client.” Maybe the term “fool” is a bit harsh, but pro se litigants (representing themselves) almost always lack an understanding of court procedure and generally lack an understanding of the law, which can have devastating consequences in their […] Read more »
Benefits of Just Having an Attorney
Some times just the fact that you have an attorney can make a positive difference in your case. This was the case in an unemployment appeal that I recently handled. I was representing a woman let go from her position at a local university. My client filed for unemployment and the human resources representative for […] 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 »
Workers Comp Drug Test Mandate Fails Appellate Review
You were hurt on the job by no fault of your own. The employer’s workers compensation company demands that you take a drug test. It comes up positive for marijuana. Citing a 2011 Oklahoma law, the employer refused to pay medical costs. The 2011 law appeared to create a “zero tolerance” policy for injured Oklahoma […] 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 »
Workers Compensation Insurance, Personal Injury Claims Compared
When you’re injured on the job, an employer is usually required to provide compensation for medical costs, lost wages and other costs associated with the injury. The same thing applies to work-related illnesses. In most cases, employers carry workers compensation insurance to underwrite their liability for injuries or illnesses workers incur on the job. Those […] 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 »
How is Child Support Calculated in Oklahoma?
How to Determine Oklahoma Child Support Payment Unlike alimony and other decisions made by Oklahoma judges, parties can generally have a pretty good idea what the judge is going to order for child support. This is because there is a statutory presumption to go by the Oklahoma Child Support Guidelines. Only rarely will an Oklahoma […] Read more »Four Unemployment Appeal Wins
Tulsa unemployment attorney James M. Wirth hit a milestone today of four (4) consecutive unemployment appeal victories. In each of the four cases, the Wirth Law Office was hired by clients who had been denied unemployment compensation by the Oklahoma Employment Security Commission. The employer in each case claimed that the Wirth Law Office client […] Read more »$5 Million Judgment in Wrongful Death Claim
The Wirth Law Office has obtained a $5,000,000.00 judgment for a wrongful death claim. Wirth Law Office’s Bartlesville attorney won the settlement after a man was acquitted at trail where he was accused of shooting another man. Read more »Judge Gambill Reversed
The Wirth Law Office has just received the Opinion from the Oklahoma Court of Civil Appeals granting our appeal and reversing the decision of the Honorable Judge Bruce David Gambill of Osage County, Oklahoma. This is the third consecutive successful civil appeal filed by James M. Wirth. The two previous winning appeals overturned rulings by […] 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 »Malpractice Settlement
Today the Wirth Law Office successfully settled a medical malpractice claim for a client injured by the negligence of a medical professional. Although we cannot specify the exact amount obtained, we are very proud of the settlement as we received more than the amount we demanded prior to filing suit against the medical practitioner. Read more »Remarkable Settlement
Today’s settlement is not the largest one for the firm, or even close to it, but it is remarkable in another respect. The amount of the settlement is over 3 times (300%) more than the client’s previous attorney told her was the best offer she would get. This client retained the Wirth Law Office in […] 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 »
