Prosecutor and Judge Clash Over Alleged Police ‘Testilying’
Wirth Law Office’s Okmulgee attorney Justin Mosteller told the Tulsa World a prosecutor’s move to disqualify a judge could “cause a chilling effect … on judges in the future being able to scrutinize an officer’s testimony like they would any other person in the courtroom.”
Mosteller spoke to reporters after Okmulgee District Attorney Rob Barris filed a rare Motion to Disqualify, seeking to remove Okmulgee District Judge Ken Adair from all criminal cases in Okmulgee County. Barris alleges Adair could be biased against police officers because on four times in four years he found police testimony to be less than truthful.
Barris’ filing did not dispute Adair’s findings in the four matters, but alleged other circumstances added to an appearance of bias, including comments Adiar made to another judge and to a police officer. Barris also alleged Adair’s visit to the scene of a traffic stop while a related case was pending in his court violated Oklahoma rules for judicial conduct.
The Tulsa World reporter noted that the Oklahoma Court of Criminal Appeals has affirmed Adair’s ruling in one of the cases Burris cited, calling the arresting officer’s conduct “a flagrant abuse” of a defendant’s constitutional rights.
On Aug. 9, 2017, Judge Adair stayed all criminal matters pending in his court until Dec, 13, 2017. His order said the stays were intended to put criminal cases on hold until the court resolves the Motion to Disqualify. Wirth Law Office attorneys and others representing clients in Okmulgee District Court are concerned the stay to resolve a district attorney’s motion could deprive defendants of a right to speedy trial.
Free Consultation: Oklahoma Criminal Defense Attorneys
If you have a matter pending in Okmulgee County that is affected by the stay of criminal cases and need to talk to an Oklahoma criminal defense attorney, call Wirth Law Office at (918) 879-1681. You may also send your question using the form at the top of this page.
Attorney James M. Wirth Invests in Tulsa
After five years at our West Fifth Street location and seven years establishing ourselves as one of Tulsa’s fastest growing law firms, we at Wirth Law Office are proud to announce our upcoming move to a new downtown Tulsa location. Our new offices will be located at 500 West Seventh Street.
For our clients, we can promise the same tenacious representation you have always enjoyed. Our new offices are still just a quick walk from the Tulsa County District Court and City of Tulsa Municipal Court. That means your attorneys and support staff will be where the action is when your legal interests are at stake, ready to represent you on a moment’s notice whenever the need arises.
For the firm, the move demonstrates our enduring commitment to the Tulsa community. When a key tract of rare downtown real estate became available, we seized the moment. We are currently upgrading the 6,500 square foot office building with energy efficient lighting, heat and air conditioning. We have planned elegant but cost effective offices, conference rooms and lobby areas worthy of the excellent and affordable service our clients deserve.
Same Excellent Service; Upgraded Tulsa Offices
When the dust settles and the new paint is dry, we will make an orderly move around the corner to the other side of the courthouse. During the purchase, build-out and relocation, we are making every effort to be certain our clients and associates enjoy seamless service with no perceptible disruption to our daily work.
Although we have not yet set an exact date, we anticipate a move sometime in September. We will make certain all of our clients, opposing counsel and other interested parties get timely notice before we move into our new offices.
This move anchors Wirth Law Office as a growing force in the Oklahoma legal community. We now own our locations in Tulsa and Muskogee, and we have maintained leased offices in Bartlesville, Okmulgee and Wagoner each for more than five years. Make no mistake: Wirth Law Office is on the move.
We encourage you to continue coming to Wirth Law Office for superb representation in all of your family law, criminal defense, personal injury, bankruptcy, estate and other Tulsa legal matters. And when your friends need an attorney in Tulsa or anywhere in Eastern Oklahoma, tell them Wirth Law Office is worth it.
Get a No-Cost Consultation with a Tulsa Attorney
If you need immediate representation in a legal matter, we absolutely have time to hear about your concern and consult with you about services we can offer. For a no-cost consultation with an attorney in Tulsa, call Wirth Law Office at 918-879-1681 or send your question using the form at the top of this page.
Tulsa expungement attorney James Wirth sponsored a full-page ad in the Jan. 29, 2017 Tulsa World to explain the benefits of sealing court records in view of recent changes in Oklahoma expungement law.
Oklahoma courts require clear and convincing evidence when a common law marriage is alleged. Common law marriage can occur with a meeting of the minds between two partners who agree to be married, but proving that agreement can be a more complicated endeavor.
Tulsa auto accident attorney James Wirth spoke with Tulsa's Channel 8 about the limits of auto liability coverage and how policy limits affect personal injury lawsuits in Oklahoma. The reporter needed more information about Oklahoma personal injury law after a victim of the 2015 Oklahoma State University homecoming crash filed a lawsuit seeking compensation for damages.
The Pawnee Business Council has appointed Wirth Law Office of-counsel attorney Earl Lawson as Pawnee Nation of Oklahoma's prosecutor in Pawnee Nation District Court.
News on 6 had some questions for Wirth Law Office concerning the death of a man in confined to the Tulsa County jail.
Tulsa attorneys at Wirth Law Office were recognized as the business of the month in August. 2015 at the 4th and Main Street branch of IBC Bank
Oklahoma Dept. of Human Services child support calculations financially penalized some non-custodial parents for spending time with their children until this Tulsa law firm exposed practice in blog posts and letter to Oklahoma news outlets.
Wirth Law Office announces the addition of Tulsa attorneys Tracey E. Persons and Randall K. Gause to our team of zealous legal practitioners. Ms. Persons represents clients in family and criminal law matters. Mr. Gause will provide expedited service in our personal injury division.
10 Years of Accessible Representation Tulsa attorney James M. Wirth on Sept. 28, 2014, celebrated 10 successful years as a licensed Oklahoma attorney.“My law practice has been personally rewarding to me, and it’s provided a way for me to help countless clients solve difficult legal problems,” Mr. Wirth said. During the 10 years Mr. Wirth has been a member in good standing of the Oklahoma Bar Association,... Read More»
Expungement In Oklahoma Made Easier Nobody wants to lose in court – especially when a case goes all the way to an appellate court. Wirth Law Office was disappointed when the Oklahoma Court of Civil Appeals ruled against us in a 2012 case where we tested the language of an expungment law. Fortunately, our loss turned out to be a win for some Oklahomans who want... Read More»
Wirth Law Office proudly announces the addition of our newest staff attorney, Phyllis Holdsclaw, who joined the firm Jan. 1, 2014. Our growing cadre of attorneys, paralegals and support staff welcome Ms. Holdsclaw and the added strength she brings to our team of Tulsa legal service providers. An Enid native and 1999 alumna of Tulsa University College of Law, Ms. Holdsclaw joined Wirth Law Office after... Read More»
Wirth Law Office proudly sponsored Time Magazine’s 2014 Person of the Year edition.
A Wirth Law Office client has filed a federal civil rights suit alleging malicious prosecution when police raided her home based on a search warrant that targeted a nearby residence. The woman and her husband filed the federal case against Creek County after a court dismissed bogus charges stemming from the raid. Wirth Law Office Attorney Peter Knowles had asked the court to dismiss the... Read More»
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... Read More»
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... Read More»
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... Read More»
Tulsa DUI Attorney James Wirth talked with a Tulsa TV station this week about Oklahoma’ metabolite DUI-D law. The law, which took effect Oct. 1, 2013, allows prosecutors to charge anyone with driving under the influence if they have any metabolites of any Oklahoma Schedule 1 drug in their blood, saliva, urine or other bodily fluids. The presumptive DUI law does not consider whether a driver... Read More»
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... Read More»
Wirth Law Office founder James Wirth has been appointed to serve on the Brown Mackie College Criminal Justice and Legal Studies Program Advisory Council. As a member of the college’s advisory council, Mr. Wirth will work with other advisors to provide input and advice aimed at improving and refining course offerings for criminal justice and legal studies students. The advisory council reviews curriculum, classrooms, equipment and... Read More»
Ashlie King’s talk with Tulsa identity theft attorney James Wirth didn’t make the 10:30 p.m. Newson6 broadcast. CNN explains why: “The showdown was one for the ages, with a dazzling array of airborne theatrics, jaw-dropping dunks and 3-pointers from well behind the line.” The Louisville Cardinals prevailed over the Michigan Wolverines, 82-76, to clinch the 2013 NCAA Division I men’s basketball championship. The game pre-empted the... Read More»
News On 6 reporter Ashlei King stopped by Wirth Law Office today to talk with Tulsa attorney James Wirth about identity theft. Mr. Wirth had recently handled a case in which a person was wrongly accused of a crime after their identity was stolen. King was covering a story in which Tulsa County sheriff’s office arrested members of an alleged identity theft ring they said targeted... Read More»
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... Read More»
I received notice today that I’ve been admitted to practice in the United States Supreme Court. Admission to the Bar of our nation’s highest court is a milestone and an honor for any attorney. Just as importantly, my ability to take cases to the Supreme Court provides our clients at the Wirth Law Office the assurance that I am ready and able to take their... Read More»
Today I can announce a tremendous victory achieved for a Wirth Law Office client last Thursday. Our client was facing the possibility of life behind bars after being charged with felony child abuse by injury. He had been held in jail unable to make a six figure bond since June. Then last Wednesday (September 5, 2012) we put on the preliminary hearing. At the preliminary hearing,... Read More»
Tulsa unemployment attorney James M. Wirth hit a milestone today of four (4) consecutive unemployment appeal victories. In each of the four cases, the Wirth Law Office was hired by clients who had been denied unemployment compensation by the Oklahoma Employment Security Commission. The employer in each case claimed that the Wirth Law Office client was terminated for misconduct and should be denied benefits. In each... Read More»
The Wirth Law Office has obtained a $5,000,000.00 judgment for a wrongful death claim. Wirth Law Office’s Bartlesville attorney won the settlement after a man was acquitted at trail where he was accused of shooting another man.
The Wirth Law Office has just received the Opinion from the Oklahoma Court of Civil Appeals granting our appeal and reversing the decision of the Honorable Judge Bruce David Gambill of Osage County, Oklahoma. This is the third consecutive successful civil appeal filed by James M. Wirth. The two previous winning appeals overturned rulings by Judge Matthews of Pawnee County and Judge Upp of Oklahoma... Read More»
Wirth Law Office’s client was charged with six (6) counts of Obtaining Money by False Pretense in October of 1996. A warrant was issued for his arrest, but the warrant was never executed. Fourteen years later, the client finds out about the case for the first time and retains the Wirth Law Office. Normally the firm has very good success getting these matters dismissed with the... Read More»
Today Tulsa attorney James M. Wirth was successful in getting all incriminating evidence suppressed in a criminal case in Tulsa County District Court. Wirth Law Office’s client was charged with Endeavoring to Manufacture Methamphetamine. However, the police obtained incriminating evidence by entering a Tulsa home without a warrant. At the preliminary hearing, Mr. Wirth and the co-defendant’s attorney, Adam Haselgren, both argued that there was no... Read More»
Today the Wirth Law Office successfully settled a medical malpractice claim for a client injured by the negligence of a medical professional. Although we cannot specify the exact amount obtained, we are very proud of the settlement as we received more than the amount we demanded prior to filing suit against the medical practitioner.
Today’s settlement is not the largest one for the firm, or even close to it, but it is remarkable in another respect. The amount of the settlement is over 3 times (300%) more than the client’s previous attorney told her was the best offer she would get. This client retained the Wirth Law Office in February of this year after having another attorney. She was injured... Read More»
The Wirth Law Office successfully argued for dismissals in two unrelated criminal cases this week. First, on Wednesday, Mr. Wirth convinced the prosecutor to dismiss a Malicious Injury to Property case, without the client ever having to be arrested or processed on the then active warrant. Then on Friday, Mr. Wirth obtained a dismissal in a Domestic Assault and Battery in the Presence of a... Read More»
After months of planning the sign company has finally completed and installed the awning at our Wagoner Office.
The 2011 Windstream phone book for Wagoner / Coweta is distributing with the Wirth Law Office – Wagoner featured on the front cover and with a full page advertisement and two quarter page advertisements in the yellow pages under the Attorney listing.
The appellate victory announced yesterday has been released for publication, which means it will become precedent and common law, that can be cited as authority in other cases. The Dilbeck case, which can be seen here, will stand for the point that a Parenting Coordinator cannot make recommendations regarding custody.
Wirth Law Office attorney, James M. Wirth, received a huge victory today from the Oklahoma Court of Civil Appeals. Back in February of 2009, while Mr. Wirth was working at the Kania Law Office, he drafted and filed an appeal for a mother who lost custody of her son due to the recommendations of a Parenting Coordinator. Mr. Wirth argued that the Parenting Coordinator greatly... Read More»
The Wirth Law Office’s legal intern received his Oklahoma Bar Examination results today. The firm is proud to announce that Chuck M. Parrish, J.D., will be a new attorney for the firm after he is sworn in by the Oklahoma Supreme Court on September 23, 2010.
September 3, 2010 – Okmulgee Web Site Up
The Wirth Law Office launches the Web site for its soon to open Okmulgee office. Go to www.okmulgeeattorney.com to see.
August 16, 2010 – Intern Hired
The Wirth Law Office hires recent University of Tulsa – College of Law graduate, Chuck M. Parrish, as a legal intern. Mr. Parrish took the Oklahoma Bar Examination in July and is set to receive his results on September 10, 2010. Upon swearing in to the Oklahoma Bar Association, Mr. Parrish will be an associate attorney working at the Wirth Law Office’s Tulsa office.
August 2, 2010 – Wagoner Office Opens
The Wirth Law Office’s Wagoner office (Wirth Law Office – Wagoner) officially opens catty-corner to the Wagoner County District Court. Wagoner resident and former Legal Aid attorney Paul J. Sowinski, Esq., is the lead attorney at the Wagoner office.
July 27, 2010 – Speedy Trial Dismissal
Attorney James M. Wirth appeared in court today for a client charged with writing a Bogus Check in 2001. Although, charges were filed and a warrant issued in 2003, the State of Oklahoma did not pick the defendant up to face the charges until January of 2010. The Wirth Law Office was retained on the case on July 6, 2010. Today Mr. Wirth appeared and expressed concerns to the prosecutor that they had violated defendant’s right to speedy trial by failing to move the case forward for seven (7) years. Mr. Wirth requested that the prosecutor voluntarily dismissed the case; however, the prosecutor was unwilling to voluntarily dismiss. Mr. Wirth then made oral arguments for a dismissal based on a violation of speedy trial rights to the Court and the Judge granted motion, dismissing all charges pending against Wirth Law Office’s client.
July 23, 2010 – Sentencing VIctory
The Wirth Law Office scored a victory for a client today when the client received a five (5) year deferred sentence on the charge of distributing cocaine to an undercover officer. The Assistant District Attorney assigned to the case strongly objected to a deferred sentence (which allows the case to be dismissed and expunged upon successful completion of probation), so the client, at Mr. Wirth’s suggestion, blind plead to the judge. Mr. Wirth and the Assistant District Attorney made oral arguments, with Mr. Wirth requesting a deferred sentence and today the judge entered a deferred sentence for the Wirth Law Office’s client.
July 19, 2010 – Assault & Battery Dismissal
The Wirth Law Office’s client was charged with Assault & Battery when she attempted to break-up a fight between her child and her neighbor’s child. Attorney James M. Wirth requested a trial on the matter and it was set for today at 2:00 p.m. When 2:00 p.m. came around, the prosecutor conceded that he had insufficient evidence available to put on the trial and dismissed all pending charges against Mr. Wirth’s client.
June 25, 2010 – Domestic A&B Dismissal
Today attorney James M. Wirth obtained a complete dismissal on all charges against a client charged with Domestic Assault and Battery. From the beginning of the criminal filing, the alleged victim did not want charges pursued. At the arraignment, the alleged victim advised the district attorney’s office of the same; however, they refused to drop the charge. The alleged victim later appeared at the district attorney’s office for a second time, this time with her own attorney, and filled out paperwork noting she did not want the case pursued. The district attorney still refused to dismiss the case. It was not until Wirth Law Office attorney, James M. Wirth set it for trial, and appeared for pre-trial that the State finally dismissed the case.
May 26, 2010 – Felony Drug Dismissal
Wirth Law Office lawyer, James M. Wirth, appeared for a client charged with felony Unlawful Possession of Controlled Drug – Second Offense, Operating Vehicle without License Plate, and Failure to Carry Insurance. After arguments made to the prosecution regarding infirmities in the State’s case, Mr. Wirth was able to convince the prosecutor to dismiss each of the three counts. Additionally, as the dismissal was received early in the case, the client is eligible for a complete expungement of the court case and arrest. This result was a great relief to the client who was facing a minimum sentence of two (2) years, with the possibility of as much as ten (10) years.
May 11, 2010 – Workers’ Comp. Trial VIctory
Today the Wirth Law Office received the Order of the Workers’ Compensation Court from a May 5, 2010 bench trial attorney James M. Wirth put on. Wirth Law Office’s client was injured on the job but the employer refused to provide him with medical treatment and other workers’ compensation benefits. The employer even called two of its current employees to the stand to testify that the client was never injured on the job. Despite the employers charades, the Judge agreed with Mr. Wirth’s presentation of the case and awarded benefits to the client. Now the client can finally get the spinal surgery that employer was denying him.
April 26, 2010 – Dismissal
Wirth Law Office lawyer James M. Wirth, appeared for a client charged with Violation of the Compulsory Attendance Act and received a complete dismissal after brief arguments made in court.
January 26, 2010 – Felony Dismissal
Today Wirth Law Office lawyer James M. Wirth obtained a complete dismissal for a client charged with Endeavoring to Manufacture Methamphetamines. Until it was dismissed the charge carried the sentencing range of seven (7) years to life.
The client was originally charged with Manufacturing Methamphetamines; however, after fighting a two (2) day preliminary hearing which ended on July 6, 2009, the charge was reduced to Endeavoring to Manufacture Methamphetamines. The matter was set for Jury Trial on January 19, 2010. On the date of trial attorney, James M. Wirth, discovered a new technical argument that could be made against the charges and the matter was continued. On January 25, 2010,James M. Wirth filed a motion requesting dismissal based on the new argument. This morning, the case and all charges against the client were dismissed.
Grand Opening Announcement
Friday, January 1, 2010
Email Text Notice of Grand Opening
After practicing law for five years and working literally over a thousand cases, I have decided to leave the Kania Law Office and open my own practice, the Wirth Law Office. Over the previous four years at the Kania Law Office, I have achieved felony jury trial acquittals, six figure personal injury settlements, and successful appeals; I wish to continue this winning track history at the Wirth Law Office.
Clients I have worked with at the Kania Law Office, will continue with the Kania Law Office, although I may help out on some cases on an “of counsel” basis. If there are any questions regarding outstanding cases, please contact the Kania Law Office at (918) 743-2233 or me at (918) 879-1681.
Please update your contact information with the details below and know that referrals are greatly appreciated, for those in need of legal representation in personal injury, criminal defense, family law, workers’ compensation, and bankruptcy.