Wirth Law Office - Tulsa Tulsa Attorney Blog

  • Can the Government Open Your Mail Without a Warrant?

    open mail without a warrant

    Federal law prohibits opening mail without the recipients permission, but law enforcement agencies use a variety of methods to find out what goes through the mail. Sometimes, police seek a warrant but they can ask the post office to record all letters sent to an address with no warrant. On at least one occassion, investigators illegally opened packages to find out if there was anything inside work seeking a warrant about.


  • Oklahoma Sentencing Reform Offers Non-Violent Offenders a Second Chance

    Oklahoma sentencing reform

    Faced with budget shorfalls and growing prison populations, Oklahoma lawmakers in 2018 reduce sentences for non-violent property crimes, extended opportunies for parole, made probation slightly easier to complete and allowed some lifers to plea for sentence modifications.


  • New Law Makes it Easier to Expunge Criminal Records in Oklahoma

    expunge records in Oklahoma

    An Oklahoma expungement reform that takes effect Nov. 1, 2018 reduces waiting periods and eliminates pardon requirements before individuals may seek expungement of criminal records. The reform affects those previously convicted of no more than one non-violent felony offense.


  • Oklahoma Defense Lawyers Slam Juvenile Life-Without-Parole Bill

    The Oklahoma Criminal Defense Lawyers Association has released a scorching rebuke of a bill that would let judges sentence juveniles to life in prison without a chance for parole. Oklahoma law otherwise allows juries to determine sentences within limits set by law. Different sentencing procedures would deny those juveniles equal protection of the law as […]


  • Bills Would Have Ended DUI Drivers License Revocation Prior to Conviction

    For nearly 50 years, the Dept. of Public Safety has seized and revoked drivers licenses of motorists arrested for DUI in Oklahoma. Oklahoma law required licenses to be revoked as a matter of civil law, long before a driver was afforded due process of law in a criminal court. Mandatory drivers license revocations on arrest […]


  • Defense Lawyer Elected as Philadelphia DA Sets New Standard for Criminal Justice

    Philadelphia District Attorney Larry Krasner

    Philadelphia District Attorney Larry Krasner’s reform-minded approach to criminal prosecution has prosecutors nationwide on notice that the nation might be ready for a new direction in to criminal justice.


  • Tulsa Municipal Jail Now Houses Overnight Inmates

    Tulsa City Jail Defense Attorney

    The City of Tulsa ended a funding dispute with the county sherrif by opening a city jail. When the city jail exceeds capacity. the city now sends excess inmates 40 miles away, to a frequently overcrowded jail in Okmulgee County.


  • Tulsa Traffic Ticket Attorney Explains Uninsured Driver Law on Fox 23

    A new Oklahoma law that allows cameras to be used in ticketing motorists suspected of driving without insurance could result in arrest of innocent drivers. Tulsa traffic ticket attorney James Wirth told Fox 23 the semi-automated, camera-driven system could issue as many as 20,000 uninsured driving tickets a month.


  • Bill Would Abolish the Oklahoma Court of Criminal Appeals (Part 1)

    oklahoma court of criminal appeals

    A bill in the 2018 Oklahoma legislature would let voters decide whether the Oklahoma Court of Criminal Appeals should be abolished. Among 50 states, only Oklahoma and Texas have separate appeals courts for criminal and civil matters. Defense attorneys say the split has resulted in a prosecution friendly appeals court that is sometimes blithe indifference to its own precedents.


  • Will Move to Abolish the Oklahoma Criminal Appeals Succeed? (Part 2)

    oklahoma court of criminal appeals

    A proposal to let voters decide the future of the Oklahoma Court of Criminal Appeals might face an uphill battle in the legislature. Oklahoma lawmakers have had a chilly relationship with the Oklahoma’s other appeals court, which could take on the work of the criminal appeals court if voters approved the measure.


  • Researchers Say Police Interrogation Technique Elicits False Confessions

    false confession

    Until recently, nearly every police agency in the nation relied on an interrogation practice called the “Reid Method.” This harsh method aims to squeeze confessions from suspects through stress, fatigue, intimidation and sympathy. A recent research paper by a University of Virginia Law student suggests the Reid Method is highly likely to elicit false confessions. […]


  • Shaken Baby Syndrome Relies on Shaky Science

    shaken baby syndrome

    Recent research that reviewed thousands of child abuse cases where shaken baby syndrome was alleged revealed there is virtually no reason to presume abusive head trauma was to blame when no evidence beyond an infant’s symptoms or brain injuries were present.


  • Tulsa Attorney Explains Uninsured Driver Enforcement Flaws on KTUL

    Tulsa uninsured driver attorney

    Tulsa attorney James M. Wirth appeared on KTUL to explain flaws a new law that will use remote cameras to enforce Oklahoma driving without insurance laws. The law ignores an age old presumption of innocence before trial, makes light of probable cause requirements before a citation can be issued, lays groundwork for arrest warrants to name insured drivers who never received notices of a citations, allows officials to rely on a database that might exclude one in 20 insured drivers, and appears to be a cash cow for District Attorneys who can shuffle accused drivers into a probation program without ever taking them to court.


  • Swedish Firm Operates Cameras Enforcing Oklahoma Driving Without Insurance Law

    policing for profit oklahoma

    Cameras to enforce Oklahoma compulsory insurance laws headed to Tulsa. The semi-automated system is likely to result in systematic wrongful prosecutions. District Attorneys, who stand to gain $20 million a year for operation of the program, have little incentive to curtail wrongful prosecution or arrest of otherwise insured drivers.


  • Robotic Uninsured Driver Enforcement Could Automate Wrongful Prosecution

    driving without insurance Oklahoma cameras

    A police officer’s desktop review of images taken by roadside cameras and information stored in state databases is enough to arrest drivers suspected of driving without insurance in Oklahoma. The newly approved system threatens to automate wrongful prosecution by District Attorneys who have a financial incentive to allow systematic mistakes.


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