Criminal Law
What Are My Responsibilities While Being in a Tulsa Drug Court?
What Are My Responsibilities While Being in Drug Court in Tulsa County? If you do get accepted into the drug court program, what you’ll need to do is, first and foremost, follow the rules that will be set out for you. There’ll be an extensive list of rules that your attorney will go over with […] Read more »
What is the End-Game of Tulsa Drug Court?
The aim of Drug Court in Tulsa is to reduce recidivism. This is done by providing alternatives to traditional criminal justice processes for individuals charged with drug-related offenses. Here are some common goals of Drug Court in Tulsa: Reduce drug use and related crimes – decrease the use of illegal substances and lower rates of crime […] Read more »
Tulsa Assault and Battery Attorney
Tulsa Attorney for Assault and Battery Charges In Oklahoma, assault and battery offenses include a wide range of charges and related punishments, as well as sub-category offenses with their own corresponding penalties. First, we must define the terms assault and battery. Oklahoma defines assault as any intentional and unlawful attempt to cause bodily harm to […] Read more »
SCOTUS to Decide: Can Oklahoma Prosecute Non-Indians for Crimes Against Indians in Indian Country?
The court decided to accept the case, but it was narrow in saying that we're not going to accept it for both those issues. Read more »
United States Supreme Court Declines Oklahoma's Request to Overturn McGirt
The court has specifically said, "We are not going to re-decide, re-litigate, re-hear the main decision in McGirt. Read more »
United States Supreme Court Declines Oklahoma's Request to Overturn McGirt
The court has specifically said, "We are not going to re-decide, re-litigate, re-hear the main decision in McGirt. Read more »
Final, Uncontested Judgment Vacating a Conviction Under McGirt Is Itself Vacated 6 Months Later
Oklahoma court makes an unprecedented decision. Read more »
OCCA Rules Kiowa-Comanche-Apache Reservation was Disestablished in the Year 1900
Oklahoma Court of Criminal Appeals reviewed that and found that be an explicit disestablish of the reservation at that time. Read more »
McGirt Expands to Mining Regulation in Northeast Oklahoma
The McGirt decision from the United States Supreme Court found the Muskogee Creek Nation was never disestablished. Read more »
United States Supreme Court Refuses to Hear the Wallace Appeal (State v. Parish)
As a practical matter, many people in the state of Oklahoma obviously want to mitigate the damages caused by the decision in McGirt. Read more »
United States Supreme Court Refuses to Hear the Wallace Appeal (State v. Parish)
Video Transcribed: United States Supreme Court refuses to hear the Wallace appeal. I’m Oklahoma attorney James Wirth and I am a lawyer in Tulsa. I’m doing a video regarding an update in the Wallace case. That is the case where the Oklahoma Court of Criminal Appeals decided that McGirt, rather than just being an issue […] Read more »
McGirt Challenge: SCOTUS Continues Conference in Castro-Huerta Case
The defendant in this is accused of a crime where the victim is a Native American, but the defendant himself is not. Read more »
The United States Supreme Sets Conference Date for Wallace Case (State v. Parish)
McGirt basically redefined what is Indian country in Oklahoma by finding that the Muscogee Creek Nation had never been disestablished. Read more »
State v. Castro-Huerta: McGirt Issue Back Before the US Supreme Court
State v. Victor Castro-Huerta is the case where the defendant was sentenced to 35 years in state court for a relatively serious crime. Read more »
OCCA Approves Indian Status for Defendant Who Obtained Tribal Membership in Response to McGirt
It was undisputed that the crime occurred in Indian territory, so the question came down to whether he qualifies as an Indian. Read more »
McGirt: US Attorney's Office Only Indicts in 10% of Cases Referred for Prosecution by Tulsa County
Normally if it's a more serious offense it would go to the Feds, generally speaking, if it's a lesser offense it would go to the Tribes. Read more »
McGirt Victim Impact Report Lays Out Risk of Prosecution After McGirt Dismissal
If your case has been vacated and is being submitted for prosecution, what's the risk that it gets picked up by a different agency. Read more »
City of Tulsa & Owasso Seek to Overturn McGirt
McGirt Impacts Oklahoma Video Transcribed: City of Tulsa and Owasso seek to overturn McGirt. I’m McGirt attorney James Wirth, and that’s what we’re talking about, a new amicus curiae brief that has been filed in the United States Supreme Court where the city of Tulsa and the city of Owasso actually filed together jointly requesting […] Read more »
Does McGirt Apply to the Quapaw Nation Reservation? Was the Quapaw Reservation Disestablished?
The Quapaw Nation Reservation is now recognized, pursuant to the highest criminal court in the state of Oklahoma. Read more »
What is Considered Child Abuse in Oklahoma?
The Legal Definition of Child Abuse in Oklahoma Child abuse is an incendiary topic. When we hear about it, our first instinct is to find the culprit and lock them away to prevent it from happening again. Sometimes, this leads to unfounded allegations that are made in haste and without evidentiary support. We must be […] Read more »
What is Child Sexual Exploitation in Oklahoma Law?
Child Sexual Exploitation Defined Child sexual exploitation is a form of child abuse that is sexual in nature. Oklahoma law expressly forbids it. All child abuse is treated harshly in Oklahoma. Prison terms can be stiff. This is especially so with child sexual exploitation. Here is what you need to understand about the crime and […] Read more »
What Assets Can Be Seized in Forfeiture in Oklahoma?
Most of the asset forfeiture cases in Oklahoma deal with the Dangerous and Controlled Substances Act, essentially drugs, illegal drugs. Read more »
How is Sentencing for a Criminal Offense Decided?
In Oklahoma, you can be in municipal court, you could be in tribal court, you could be in county court, you could be in federal court. Read more »
How Do I Find Out If There Is a Warrant for My Arrest?
First off, in Oklahoma, we do have relatively open and publicly available court records on oscn.net and odcr.com. Read more »
How Is Murder Two Defined in Oklahoma?
The thing to understand and this is kind of the point with murder two. You don't have to intend to kill, to get charged with murder. Read more »