Days Count in Statutory Rape Age Differences How would you interpret a statutory rape law that permits sexual contact between an 18 year old and someone four years younger? Does it mean an 18 year old and a 14 year old, or someone born within 48 months of the day the 18 year old was born? The United States Court of […]
criminal attorney Tulsa
James M. Wirth, Esq.
James M. Wirth, Esq. 
An Oklahoma court has decided a defendant does not have the right to confront authors of a list that tracks cold pill purchases used as evidence in criminal trials. The decision chips away at a constitutional protection known as the confrontation clause. The confrontation clauses of the Oklahoma Constitution and United States Constitution alike afford […]
James M. Wirth, Esq.
No Rogers County Officials Indicted An Oklahoma grand jury has recommended that the Oklahoma Attorney General’s office draft model policies to guide prosecutors’ handling of information that could assist criminal defendants. The recommendation was the most substantive result of a grand-jury investigation into alleged wrongdoing among Rogers County prosecutors and police. The clock ran out […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
James M. Wirth, Esq.
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 […]
