Brian Carroll – Oklahoma Criminal Defense Attorney When you are facing criminal charges, you need an attorney who will stand firmly in your corner and fight for your rights at every stage of the process. Wirth Law Office attorney Brian Carroll represents clients across Oklahoma in criminal defense matters, bringing determination, strategy, and unwavering […]
Sam Allison – Oklahoma Attorney for Family Law When you’re facing a difficult family law matter, you need an attorney who is committed to standing by your side and guiding you through the process. Wirth Law Office attorney Sam Allison represents clients across Oklahoma in family law cases, providing steady advocacy and practical solutions during
Recent changes in Oklahoma family law, specifically Okla. Stat. tit. 43 § 112.5, impact custody and visitation cases by altering the burden of proof concerning abusive behavior. Previously focused on the child’s best interests, the statute now establishes a rebuttable presumption against parents showing signs of abuse, neglect, or coercive control. If such behavior is demonstrated, the burden shifts to the accused parent, who must prove their fitness to maintain custody or visitation rights. This change aims to enhance child protection by requiring the accused to provide evidence, such as participation in counseling, to regain access to their children.
Navigating encounters with drug-sniffing dogs involves understanding your rights and legal implications. Compliance with law enforcement directives, remaining calm, and documenting the event are crucial steps. It’s essential to follow legal processes if the dog’s alert poses issues. The case of *Florida v. Harris* redefined standards for evaluating the reliability of a dog’s alert, requiring certified training and scrutinized search conditions. Legal counsel can assess if the search was conducted appropriately by examining the dog’s training and search conduct. Consulting with an expert helps determine the legality of the search and explore potential challenges to protect your rights.
When the Dog Alerts: From the Scene to the Courtroom Read Post »
Geofencing technology uses GPS, RFID, Wi-Fi, or cellular data to create virtual boundaries for tracking locations. In legal contexts, it can provide precise location data, potentially placing individuals at crime scenes or proving their absence. This technology offers both opportunities and challenges, serving as crucial evidence in legal cases. Geofencing can protect against wrongful convictions by accurately establishing whereabouts, but it also raises privacy concerns. The reliability of geofencing data depends on factors like data quality and interpretation methods, making understanding its use important for fair legal proceedings. It plays a significant role in supporting or contesting legal claims.
Unlocking Geofencing: How GPS Can Impact Your Legal Case Read Post »
The blog post explores the differences between direct and indirect contempt of court, highlighting their distinct legal implications. Direct contempt occurs in the judge’s presence, involving immediate disobedience or disrespect in the courtroom, such as yelling or not following instructions. Consequences can include fines and jail time. Indirect contempt happens outside the courtroom, involving noncompliance with court orders, like violating custody agreements. It requires investigation and a hearing to establish the violation and determine penalties. The post emphasizes the importance of understanding these types of contempt to avoid legal complications and stresses compliance with court orders.
Stop the Disrespect: The Jail Time You Didn’t See Coming Read Post »
A federal judge has ordered Oklahoma agencies to stop shutting down a licensed cannabis grower represented by Wirth Law Office. The ruling protects the 2026 growing season and strengthens a broader lawsuit that could expand into a statewide class action.
Federal Court Stops State Effort to Close Oklahoma Cannabis Business Read Post »
In the first of two big wins in one week for Oklahoma entrepreneurs, a Seminole County district judge blocked OMMA agents from seizing or destroying a grower’s crop while administrative processes moved forward. The Oklahoma Medical Marijuana Authority has recently taken aggressive enforcement actions where complex regulations add risk to businesses built at the edge
Seminole County Judge Allows MMJ Harvest, Blocks OMMA Action Read Post »
A Qualified Domestic Relations Order (QDRO) is essential for dividing retirement plans, 401(k)s, or pensions in a divorce. It is a separate legal document required alongside a divorce decree. Both parties are usually entitled to half of each other’s retirement accounts accrued during marriage, but a divorce decree alone does not enact this division. It is crucial to inquire if your employer or retirement company has a specific QDRO form. Timely completion of this order is important to avoid future legal issues. Seeking professional legal advice can help determine if a QDRO is necessary in your situation.
Don't Lose Your 401(k): QDRO Guidance for Your Oklahoma Divorce Read Post »
The blog post explains the entrapment defense in criminal law, particularly under Oklahoma law as specified in 8-25 of the Oklahoma Uniform Jury Instructions. Entrapment occurs when a person with no prior intent to commit a crime is induced by law enforcement to do so. It contrasts with situations where an individual is already willing to break the law and only receives an opportunity from officers, which is not entrapment. The distinction between lawful police tactics and entrapment is subtle and fact-specific. The author, an attorney, discusses how clients often misunderstand these nuances.
Finding Peace After the Storm: Katheryn’s Journey to Legal Resolution For many, the legal system feels like a maze with no exit. When Katheryn first sought legal help, she was overwhelmed by the weight of her situation. “I was feeling lost. I was feeling scared,” Katheryn recalls. Navigating a legal case is rarely just
This blog post discusses recent changes in Oklahoma family law, specifically under 43 Okla. Stat. § 112.5, which now considers psychological abuse and coercive, controlling behaviors in custody, visitation, and guardianship decisions. The updates in subparagraphs C and D highlight scenarios where a parent may be deemed unfit due to actions like abuse, stalking, harassment, and coercive acts. These changes allow for psychological abuse to be a factor in legal proceedings, making it easier to address non-physical domestic violence. This marks a significant shift in how family law cases are approached concerning emotional and psychological harm.
No Bruises Required: Proving Psychological Abuse in Oklahoma Child Custody Cases Read Post »
From Warrant to Freedom: How Jose Reyes Cleared His Name When Jose Reyes discovered there was a warrant out for his arrest, the world suddenly felt much smaller. The stress of an active warrant can be paralyzing, affecting everything from your ability to work to your peace of mind. Seeking a way to resolve
The blog post by Carl Birkhead, a family attorney with Wirth Law Office, discusses recent changes to Oklahoma’s child custody statutes, specifically Title 43, Section 112.5, subparagraphs C and D. These changes establish a rebuttable presumption of unfitness for custody, visitation, or guardianship when behaviors such as abuse, coercive control, stalking, harassment, or uncontrolled substance abuse are present. This presumption requires the accused parent to demonstrate fitness actively, with evidence of behavior change or treatment. The updates provide clear standards for assessing parental fitness, replacing the previous broad best interest analysis with a more structured approach.
Measurable Standards: What Oklahoma Judges Now Require for Fitness Read Post »
Recent changes to Oklahoma family law, specifically Okla. Stat. tit. 43 § 112.5, have altered the approach to custody, visitation, and guardianship cases involving allegations of abuse or neglect. Previously, the burden of proof was on the parent claiming abuse to demonstrate its relevance to the child’s best interests. Now, once abusive behavior or coercive control is shown, the burden shifts to the accused parent. They must then rebut a presumption of being unfit by providing evidence of improvement, such as attending counseling or parenting classes. This shift aims to better protect children by ensuring their safety in custody decisions.
The 2026 Burden Shift: A Game Changer for Oklahoma Custody Read Post »
Navigating child custody can be overwhelming, especially with recent changes in the law. At Wirth Law Office, we focus on ensuring your child’s well-being is a top priority. The new statutes strengthen protections against abusive behavior, making it crucial to gather the right evidence. Let us guide you through these challenging times with experienced support and clear direction. Discover how these changes impact your case.
The Rebuttable Presumption: A New Era in Oklahoma Custody Law Read Post »
A new legislative proposal in Oklahoma aims to protect racetracks and racing events from noise-related lawsuits. Authored by State Senator Kendall Ciceri and supported by industry stakeholders, the bill would prevent individuals living within three miles of a racetrack from filing noise complaints unless they owned the property before the track’s establishment and the track is legally compliant. Proponents argue that the bill is essential to safeguard the racing industry’s economic contributions, including Tulsa events like the Chili Bowl. Critics, however, note implications for property owners’ rights and potential impacts on property values near racetracks.
Fox23 News: James Wirth Explains New Law SB 1195 Protecting Oklahoma’s Racetracks Read Post »
Herman Rodriguez, a client of Wirth Law Office, shares his experience with the firm. Initially feeling frustrated and stressed about an old case in Oklahoma, Rodriguez found reassurance from his attorney, who indicated the case would likely be dismissed. Following the dismissal, Rodriguez describes a sense of relief and freedom, as if a weight had been lifted from his shoulders. He feels that his legal issues are now resolved.
Struggling with child custody issues and unsure how new laws might affect you? At Wirth Law Office, we’re here to simplify the complexities of recent legal changes. Discover how updated standards for determining parenting fitness could influence your case. Get the experienced help you need when the stakes are high. Curious about what these changes mean for you? Click to learn more.
Why "Best Interest of the Child" is No Longer the Only Standard in OK Read Post »
Facing a charge for interfering with emergency responders can happen in a heartbeat during stressful situations. At Wirth Law Office, we offer clear guidance and experienced support to help you navigate these complex legal changes. Trust us to ease your concerns and show you the path forward. Curious about the new HALO Law? Click to learn more.
The Oklahoma HALO Law: Avoiding Arrest While Emergency Services Work Read Post »
Facing a property title dispute or false filing? These actions can now lead to felony charges, with severe consequences. At Wirth Law Office, we simplify complex legal challenges and ensure you understand your rights and options. Whether you’re a victim or facing charges, we’re here to provide the guidance you need. Discover how we can help you protect your property.
SB 925 Explained: Oklahoma's New Felony Title Fraud Penalties Read Post »
Facing charges for organized retail crime can be daunting. Oklahoma is cracking down, transforming theft into a serious felony with severe penalties. At Wirth Law Office, we offer experienced help when the stakes are high. If you’re entangled in these complex charges, we need to talk. Discover what makes our approach different.
HB 1592: Why Shoplifting in Oklahoma Just Became a Major Felony Read Post »
