The following is a sample of a few of the successes of attorney, James M. Wirth, Esq. and the Wirth Law Office’s lawyers. The list is far from complete. These examples demonstrate the lawyer’s legal expertise, but can not guarantee results on any specific future case. Every case is different and must be approached according to the specific facts and circumstances of that case.
Synthetic Marijuana Case Dismissed
A judge this week dismissed charges against an Okmulgee County retailer accused of selling synthetic marijuana after an attorney for Wirth Law Office pointed out that particular substances sold as potpourri or incense were not illegal at the time police raided the retail location. Legislators had earmarked a chemical in the blend to be added to a list of outlawed substances but the substance was not on the list in May when police executed a search warrant at the Okmulgee County convenience store.
Police obtained the warrant and seized the retailer’s inventory, along with cash they had paid for the substance, even though there was no law in force at that time prohibiting sale of that product, marketed as incense. A police report indicated the retailer told police at the time of the raid the substance was not illegal, but that he knew the laws were set to change and that he planned to soon stop selling the substance.
Police seized 244 packages labeled as incense or potpourri, and 65 pipes from the convenience store, and charged the man with conspiracy to distribute a synthetic controlled substance and maintaining a place to sell controlled substances. The charges could have resulted in fines and jail time. A judge dismissed the case after a Wirth Law Office attorney showed the court the law in place at the time of the raid.
Foster Parents Exhonerated
Wirth Law Office prevailed in an administrative review on behalf of foster parents who had been accused of child neglect. The matter involved appeal of a Child Welfare Services staff report to the District Attorney. An Oklahoma Department of Human Services representative reviewed appellate material provided by Wirth Law Office along with Child Protective Services policies and procedures before reversing the staff report as unsubstantiated. The agency determination is final and cannot be appealed.
Drivers License Restored in Oklahoma Reckless Driving Case
A man who paid a reckless driving ticket didn’t know the routine handling of a traffic citation could cost him his license. Fortunately for him, he had a right to know.
A law that was in place for just one year increased the number of points assessed against a drivers license for reckless driving from four to 10. That meant a guilty plea cost him far more than the cost of the ticket. It cost him his driving privileges. Within a year of the law taking effect, legislators rolled back the increased point assessment.
Wirth Law Office’s Tulsa attorneys persuaded a court to toss out the man’s conviction. Appeals courts have consistently ruled that individuals have a right to know the consequences when they enter a plea.
Drivers who pleaded guilty under the law in place during the past year without knowing the consequences may now have an opportunity to get their pleadings tossed out. Even if they again plead out the ticket, under the law in place as of November, 2013, a guilty plea to reckless driving in Oklahoma will not result in automatic revocation of driving privileges.
If you paid a reckless driving ticket in Oklahoma between November 1, 2012 and November 1, 2013 without being told by the court there could be consequences beyond the fines you were required to pay, you may have an opportunity to get your drivers license restored. For a free consultation with a Tulsa traffic citation attorney, contact Wirth Law Office at (918) 879-1681. If you prefer to contact the Tulsa attorney by email. you may send your question using the form at the top right of this page.
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 meeting its burden to establish that the employee was terminated for “misconduct” as defined by Oklahoma case law. But, in some of the cases, the Wirth Law Office client left the employment voluntarily and Mr. Wirth had to establish that there was a good cause basis to quit.
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 case, some times without them even knowing. Case in point, I recently represented a gentleman who had been separated from his wife and trying to get divorced for ten (10) years, with no results. Both of them were representing themselves in the divorce, and apparently neither one of them knew how to move the case forward to complete the divorce. But, the fact that a divorce could go on for years and not get completed, is not the Danger of Being Unrepresented I want to address in this anecdote.
My client first opened up a divorce case in 2003, and requested among other things a custody and visitation determination. However, as the years went by the child lived with his mother and reached adulthood. Moreover, as they lived separated over the years, they divided up their assets and debts naturally. So, by the time the client came to my office for representation only one issue of contention remained. The wife wanted a judgment for years of back child support.
There are three (3) things the wife (representing herself) probably did not know. First, because she never filed a counter-claim for divorce the only matter pending before the court was my client’s Petition. Second, Oklahoma law (Okla. Stat. tit. 12, § 683 (2009)), allows a petitioner to dismiss his action without any court approval required. Third, in a divorce case you cannot request retroactive child support. You can only go back to the date the action was filed. So, after meeting with my client for only a few minutes, I had determined the path for a quick victory. I drafted and filed a dismissal of my client’s petition, ending the current case and any possibility of wife ever getting an order for any child support.
The wife first learned of the dismissal at court and was quite confused on why client would dismiss the divorce. At the docket call she complained that client had not paid child support. The Court then advised her that the case has been stricken from the docket because it has been dismissed by my client and there is nothing the court can do for her. She rhetorically questioned whether he was wanting to get back together. The judge and many of the other attorneys in court knew exactly what was going on, but no one told her. As far as I know, she still has not learned that the dismissal prevents her from ever being able to request child support, since the child has aged out.
Now we can simply file a new divorce case with no issues in contention and get the parties divorced.
Had she been represented, this surely would not have happened. First, the attorney would likely have pushed the case forward long ago, to collect child support when it is due rather than years after the fact. Second, any attorney worth his salt, would have filed a counter-claim for divorce. If this were done, my client could have dismissed his petition, but not hers. So, it would have remained pending to request the tens of thousands in back child support.
If you have been pursuing your case pro se, and want to see if there are any surprisingly simple solutions to get what you want, or otherwise want to speak with an Oklahoma lawyer, call me at (918) 879-1681.
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 the university filed an objection asserting (I believe wrongfully) that my client was terminated for misconduct. My client’s unemployment benefits were denied based on the university representative’s assertions. I was then retained to represented her on an appeal.
Unemployment appeals at this stage are evidentiary hearings that are handled over the phone. The Hearing Officer (Judge) calls the various parties and conferences everyone in together for the hearing. My client and I were called first; so, we heard the employer’s representative being called, but the the employer’s representative was unaware that we were already on the line. As is usual, the Hearing Officer started the hearing by noting who was present for the hearing on the record. At this point, a couple minutes into the hearing, the employer’s representative learned for the first time that their ex-employee brought an attorney to the hearing. At this moment, the employer’s representative, in a quite flustered manner, interrupted and advised that she was not aware an attorney was involved and stated that she cannot participate. The Hearing Officer advised that the hearing would go on without her. The university representative again advised that she could not participate and hung up.
The hearing went on without her and my client’s testimony was the only evidence heard. The Hearing Officer overruled the previous denial of benefits and granted my client unemployment. Had my client not been represented, it would have been a tough battle with the university representative who surely has more experienced with appeal hearings than my client. However, just having an attorney, caused the university employer to forfeit and abandon its objection and give us pretty much a default win. All that benefit with me not even having to use my lawyerly expertise.
Bankruptcy Case Results
Wirth Law Office attorneys filed over 100 Chapter 7 bankruptcy cases in 2009, with nearly every single one receiving a discharge of their unsecured credit cards, medical, and other dischargeable debt. Overall, millions and millions in debt has been discharged.
Criminal Defense Case Results
Oklahoma lawyer, James M. Wirth, Esq., has successfully concluded criminal charges at all stages of prosecution: Declined charges where the matter is closed prior to the initial arraignment; Dismissal by the prosecution at preliminary hearing based on his negotiations; Dismissal by the judge at a preliminary hearing, over the district attorney’s objection; Dismissal on our motion at hearing, over the State’s objection; and Acquittal (not guilty verdicts) at jury trial. Mr. Wirth has had cases completely thrown out for speedy trial violations and 4th amendment violations. See the Firm News page for details on specific criminal defense victories.
Family Law Case Results
To name just a few family law successes:
Client objectives in a divorce matter can vary greatly from one case to another. For clients wanting a quick divorce, Wirth Law Office lawyer, James M. Wirth, Esq., has obtained divorce decrees in as little as 11 days in agreed matters. For contested custody matters, James M. Wirth, Esq., has helped countless clients win custody of their children.
Child Support Enforcement
James M. Wirth, Esq. has obtained back child support judgments in excess of $100,000.00 and caused habitual non-payers to serve up to six (6) months in the Tulsa County Jail.
Child Support Defense
Attorney, James M. Wirth, has helped countless persons behind on their child support stay out of jail so they are better able to support their families.
Oklahoma lawyer, James M. Wirth, appealed to the Oklahoma Supreme Court when a father’s parental rights were terminated by a judge judge so that his ex-girlfriend could give the child up for adoption. Based on Mr. Wirth’s brief, the appellate court reversed the trial judge and restored the Mr. Wirth’s client’s parental rights.
Juvenile Depravation Cases
In one notable juvenile case, the State accused Hmong parents of child abuse, acquiescing to child sexual assault, and child selling when they allowed their underage daughter to culturally marry. The State requested immediate termination of parental rights despite the parents being good and loving parents to the child and her many siblings. Through trial, attorney James M. Wirth, demonstrated that the allegations were mostly cultural misunderstandings exaggerated to the point of hyperbole. After trial, but prior to the pronouncement of the Court’s decision, the State agreed to dismiss the case.
Personal Injury Results
James M. Wirth has obtained six figure settlements in personal injury cases, one of which was settled while the client was in prison on an unrelated matter and therefore unavailable for trial.
In another interesting case, Mr. Wirth persuaded the insurance company to settle a wrongful death claim for a fetus conceived just fourteen weeks prior to a car accident causing a miscarriage. This settlement was in addition to the mother’s personal injury claim.
Another example of a victory is from a case that Mr. Wirth took over after the client fired another attorney. The prior lawyer was one of the ones that can be seen in day time television commercials. He had recommended that the client accept a settlement of $5,000.00 for injuries sustained in a minor car accident. She declined that offer and retained the Wirth Law Office instead. Within a few months, Mr. Wirth had settled her case for $15,750.00, more than three times as much as the prior attorney.
Workers’ Compensation Results
Attorney, James M. Wirth, has handled hundreds of Workers’ Compensation cases for injured Oklahomans.
One memorable case involved a hispanic gentleman whose employer told him to go to the Workers’ Compensation Court directly after his doctor’s appointment. They told him that they were going to give him $3,000.00 for his injury, but the client was not aware that they were trying to get him to agree to close out his case. The injured worker instead called attorney, James M. Wirth, who met him at the Workers’ Compensation Court the same day, reviewed the employer’s offer and explained that if he signs this he would not get any further medical treatment or benefits. He refused the offer and Mr. Wirth was able to obtain complete medical treatment for him as well as benefits totaling well over 1,000% of what they originally tried to get him to settle for without treatment.
Another memorable case involved an employee whose back was severely injured while doing manual labor. Spinal surgery was recommended by the orthopedic surgeon, but the employer refused to admit the case or pay for any benefits. This particular employer was self insured and had a reputation for harassing injured employees and denying rightful claims. Wirth Law Office attorney had to force the matter to trial to made any headway while the client was waiting for approval to have surgery. At trial the employer had two of its current employees testify that they were present at the time of the injury and that no injury occurred. However, the Judge believed Mr. Wirth and his client’s case and awarded benefits allowing the injured worker to get the treatment he needed.
If you would like a free consultation with an Oklahoma lawyer, call the Wirth Law Office at 1 (918) 879-1681 (or toll free at 1 (888) Wirth-Law) or submit the question form at the top right of this page.