Tulsa Attorney Blog
Calculate Your Oklahoma Court Deadline
When faced with a summons in Oklahoma, understanding the timeline to file a response of pleading is crucial. According to Oklahoma law, specifically Title 12, Section 2006, the first day of the event is not counted when calculating the 20-day response period; only subsequent days are included. If the final day falls on a weekend or holiday when the court is closed, the deadline extends to the next open day. For deadlines under 11 days, non-business days are excluded completely. It's important to note these rules apply to civil cases, distinct from criminal proceedings, each governed by different statutes. Read more »Courtroom Guide | Preliminary Hearings | Witness Prep
Navigating the complexities of preliminary hearings can be challenging, particularly when wanting to call a witness for your defense. In Tulsa County, the process differs from other regions. Typically, after the state presents its case, the defense may call rebuttal witnesses. However, local courts sometimes restrict direct testimony from defense witnesses. Recently, in a case where the defense aimed to question an alleged victim whose account had evolved over time, the court did not allow direct examination. Instead, an offer of proof was made, a vital step for appeals. This underscores the importance of strategic preparation to ensure all potential testimony is documented. Read more »Client Review from Alisha
Alicia Atkins recounts her experience with Wirth Law, praising the exceptional support she received from Cassidy and Brian. They consistently went above and beyond expectations, providing a sense of assurance and fighting diligently on behalf of her and her family. With their help, Atkins successfully navigated a challenging situation, ultimately managing to keep her family together and secure the closure of a DHS case. Her gratitude towards the team is evident, and she confidently recommends their services to others, underscoring the positive impact they had on her life during a critical period. Read more »Criminal Case: Plea Deal Regrets
Navigating legal decisions can be daunting, especially after concluding a criminal case and second-guessing a plea agreement. Legal expert Carl Birkhead shares crucial insights on the critical 10-day window to withdraw a plea in criminal cases, emphasizing the inflexible nature of this deadline. According to statute and case law, once a plea is entered, there is a firm 10-day duration to request its withdrawal in court. Missing this window even slightly results in irrevocable consequences. Weekend and holiday extensions are considered, but beyond that, extensions are rare. The decision to plead should be carefully evaluated to avoid regret and rushed motions. Read more »Courtroom Exceptions: Hearsay Part 5
Exploring the nuances of hearsay exceptions, this discussion delves into when these statements can be deemed admissible in court. A hearsay statement is typically made outside the courtroom and offered for its truth, which can complicate its admissibility. However, there are notable exceptions: statements reflecting an individual's reputation within a community and regularly kept public records. These scenarios allow hearsay to be introduced as evidence, demonstrating consistent practices or revealing information about public records' reliability. Understanding these exceptions enables a clearer navigation of legal processes, highlighting the importance of context and legal expertise in evidentiary matters. Read more »Courtroom Exceptions: Hearsay Part 4
Hearsay exceptions can determine the admissibility of statements in court. A hearsay statement is made outside the courtroom and offered within it for its truth, provided the person who made it isn't testifying. Statements made outside can be repeated if the speaker is on the stand, but others' words aren't permissible if they're absent. Exceptions arise, such as when a detailed record of events exists. For example, a witness might document a crime in writing or through recordings. Such evidence can revive faded memories and may be read out loud or even admitted if opposing parties deem it significant. Read more »Client Review from Lindsey
Navigating the legal landscape can be daunting, but finding the right attorney can make all the difference. One client recounts the transformative experience of working with Keith Flynn, whose expertise and support turned a nerve-wracking situation into a manageable process. With Flynn at the helm, every detail was meticulously handled, including court meetings, allowing the client to find peace of mind. Describing him as a life-saving presence who appeared just when needed, the client illustrates the profound impact of having a dedicated and reassuring legal advocate like Flynn by their side, especially when it involved securing a future with her son. Read more »Avoid Costly Mistakes: Protective Order Helpful Tips
Navigating a protective order is crucial, especially when it involves communication boundaries. Any direct contact with the person who filed against you can easily breach the order, potentially leading to severe consequences like a misdemeanor or even a felony. It's essential to avoid all forms of communication, be it text, email, or social media, and ensure friends don't intervene on your behalf, as this indirect contact also counts as a violation. To prevent escalating legal issues, understanding and respecting the protective order's stipulations are vital, maintaining complete non-contact until the order is legally resolved. Read more »Served with an Emergency Protective Order? Legal Guide
When served with an emergency protective order, many feel an overwhelming rush of emotions, ranging from confusion to betrayal. It's crucial to resist the temptation to contact the petitioner, as doing so may lead to a violation of the order and potential criminal charges. Immediate steps should include consulting an attorney or independently gathering evidence and identifying witnesses to counter the allegations. Legal expertise aids in navigating the complexities of the process and defending one's rights. Whether justified or not, facing such orders requires a strategic approach to ensure personal freedoms are safeguarded, allowing life to continue as intended. Read more »Emergency Protective Order Granted: What Now?
Receiving an emergency protective order is only the initial step in securing protection. After being granted this order, it's important to build a strong case by gathering evidence and identifying witnesses to support allegations, especially in cases of domestic abuse. Consider what can substantiate claims, such as police reports, medical records, or testimonies from friends who witnessed incidents. Seeking legal guidance is highly recommended to navigate this process effectively, as attempting to proceed alone can be challenging and less successful. A lawyer's expertise can significantly aid in crafting a compelling case to transition from an emergency order to a permanent protective measure. Read more »What's Next After a Protective Order is Dismissed?
In cases where the defendant wins at trial or the plaintiff voluntarily dismisses the protective order, significant next steps are essential. Following a 90-day waiting period, defendants can apply to expunge the protective order from their record. Successfully expunging the record means that there will be no trace of the case on public databases, like OSCN. Removing this record may prove advantageous when seeking certain job opportunities or during processes such as guardianship or adoption, where a clean background is essential. It is recommended to consult an attorney to initiate the expungement process and ensure all legal requirements are met. Read more »Non-Intimate Protective Orders: Legal Steps
Securing a protective order when there's no intimate relationship involves a few essential steps. Understanding the specifics of the Domestic Violence Prevention Act is crucial, especially when dealing with stalking or harassment not tied to a personal relationship. Evidence of sustained efforts to block communication, like disconnecting on social media or avoiding their phone calls, is vital. It's important to document incidents meticulously and file a police report for stalking or harassment. If these measures fail, filing a petition in district court becomes necessary. You should present your case showing comprehensive attempts to handle the situation independently. This approach increases the likelihood of obtaining protection. Read more »Challenging a Protective Order: Burden of Proof
Navigating the intricacies of protective orders can be daunting. A recent case highlighted the challenges in proving allegations without forensic evidence, medical records, or official charges. Even when a claim seems valid, the burden of proof lies with the person seeking the order, often leading to difficulties in he said, she said scenarios. Credibility becomes crucial, yet it can be insufficient if both parties are deemed believable by the court. This underscores the importance of collecting tangible evidence in protective order cases, as ultimately, the legal system prioritizes proof over mere assertions to decide a case. Read more »Are All of Your Past Charges Public Domain?
Discovering how to access someone else's criminal record in Oklahoma is simpler than one might think. Although sealed or expunged records remain out of reach, most public criminal records are accessible through the Oklahoma Supreme Court Network at oscn.net. By visiting the case search section and inputting relevant details such as the individual's first and last name, users can sift through cases across all counties. However, caution is advised, as common names might yield numerous unrelated results. Additional identifiers, like middle names or birth dates, can aid in narrowing the search to ensure accuracy in identifying the correct person. Read more »Accepting a Plea Offer: Things to Know
Navigating the complexities of plea offers can be challenging, especially when facing overwhelming evidence against you. It's crucial to heed your attorney's advice, as they possess insights into the legal landscape that may not be immediately apparent. A recent case illustrates this point well. A client, initially convinced of their ability to win at trial, rejected a favorable plea deal. Despite the overwhelming evidence, they proceeded, only to face nearly double the initial offer after losing at the preliminary hearing. Trusting your attorney's judgment in such situations can sometimes be the best course of action to minimize potential consequences. Read more »Planning Perjury? Think Again
In this discussion, the risks of planning to lie on the stand are explored. Lying on the stand, known as perjury, is a criminal offense. If a client reveals their intention to lie, the attorney is ethically bound to prevent it or expose it, impacting the case negatively. The example of a divorce case is used, where failing to disclose the truth leads to potential disclosure by the attorney in court, highlighting the serious consequences of dishonesty. Attorney-client confidentiality does not protect plans of perjury, due to the lawyer's duty to uphold honesty and integrity in legal proceedings. Read more »Lying to Your Lawyer? Bad Idea
Should you tell your lawyer the truth even if you're guilty? It's crucial to be transparent with your attorney, though the approach may vary depending on the circumstances. In criminal cases, sharing every detail might inadvertently limit the defense strategy. By focusing solely on the allegations and the evidence presented by the state, the defense has more flexibility to explore different avenues without the constraints of the client's admission of guilt. It's advised to honestly answer every question posed by the lawyer, but refrain from volunteering extra information unless explicitly asked. The balance between honesty and discretion is key in effective legal representation. Read more »Attorney vs. Prosecutor: How They Communicate
Navigating communication with a prosecutor is crucial, especially when legal representation is involved. If an individual has secured an attorney, it becomes imperative that any dialogue with the prosecutor is conducted through their legal counsel. This protocol safeguards the person's Fifth Amendment rights, preventing self-incrimination. Direct interaction with a prosecutor without an attorney's mediation can inadvertently lead to unfavorable admissions that might harm their legal standing. In instances where a prosecutor attempts direct contact, the advised response is to politely decline the discussion and redirect them to one's attorney. This approach ensures legal protection and upholds the confidentiality of client-attorney interactions. Read more »Your Guide to Public Defenders
A public defender is indeed a real attorney, possessing the same education and credentials as any other lawyer. They have attended law school, passed the bar exam, and hold a valid bar card, just like privately hired attorneys. The key difference lies in how their services are accessed; public defenders are appointed by the court for individuals who demonstrate financial inability to hire a private attorney. Eligible situations often include criminal cases or those involving parental rights. Unlike private attorneys, during such appointments, clients do not choose their public defender; instead, they receive appointed legal representation based on their financial need. Read more »Is Your Lawyer Ghosting You?
When communication with a lawyer becomes challenging, it's vital to explore efficient ways to stay informed. Understanding an attorney's workload can explain some delays; managing 50 to 100 cases involves extensive client interaction. Lawyers often rely on paralegals and support staff to bridge communication gaps. However, clients should expect ongoing updates about their cases. Email is a recommended method, offering faster responses and cost savings compared to calls. Emails can be briefly billed, making them a budget-friendly choice for addressing multiple queries. For smoother correspondence with legal representatives, embracing email communication provides clarity and continues to keep clients informed. Read more »Need a New Public Defender?
Navigating the complexities of changing a public defender can be challenging. Many individuals find themselves questioning their options when the relationship with their court-appointed attorney isn't working out. Unlike privately hired attorneys, the courts are more cautious in allowing a change between public defenders due to limited availability. The process varies by location; some areas have numerous public defenders, while others may only have a few, which can complicate matters. A compelling reason is necessary for consideration, although switching to privately hired counsel is typically more straightforward. Understanding these nuances can illuminate the path forward in difficult legal situations. Read more »Don't Plea Alone, Call a Lawyer
Pleas can present complexities beyond the straightforward terms offered by the prosecution. A crucial part of navigating this landscape is understanding that an attorney can heavily influence the outcome of plea negotiations. While accepting the first plea might seem appealing for its simplicity, it often requires forfeiting important legal rights. An attorney helps evaluate whether the standard offer truly reflects the best outcome, or if there are opportunities to reduce restrictions or enhance terms. By analyzing case strengths and weaknesses, legal professionals aim to secure more favorable deals rather than just accepting initial offers without scrutiny. Read more »Delay Could Cost You in Court
In the realm of criminal law, knowing when to hire an attorney can make all the difference. A seasoned attorney stresses the importance of engaging legal counsel as early as possible, barring minor misdemeanors that one might manage independently. With an attorney's guidance, clients benefit from their understanding of the law, relationship with the prosecutor, and familiarity with the judge. Compelling evidence from real cases shows the severe, unforeseen consequences individuals face when they navigate the legal process alone. Hiring an attorney equates to avoiding costly mistakes and securing a knowledgeable partner to ensure every aspect of the case is understood and strategically handled. Read more »Sealing vs. Expunging Juvenile Records
The excerpt discusses the key distinctions between sealing and expunging criminal records, with a particular focus on how these processes apply broadly, not just to juvenile cases. Sealing a record means it still exists within the court's files and can be accessed by attorneys or involved parties, but is not available to the general public, preserving the record for background checks. Expungement, conversely, completely removes the case from public record, deleting it from court files and background checks. Full expungement even eliminates any arrest record. The recommendation is clear: when possible, choose expungement for the most comprehensive erasure. Read more »Your Lawyer, Your Choice
Navigating the legal landscape can be challenging, but understanding the right to counsel is crucial. In instances where one has privately hired an attorney, it's typically possible to change legal representation if dissatisfaction arises. While most courts allow attorney changes, exceptions exist, especially near critical trial dates. The court might refuse a change if it risks delaying proceedings. It's important to remember that not every attorney-client relationship is effective, and finding the right match is essential. Still, switching attorneys frequently can raise red flags in court. Therefore, exercising this right judiciously is advised to maintain credibility in legal proceedings. Read more »
