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 »
Facing charges as an accessory to murder can feel overwhelming, especially with new laws imposing harsher penalties. At Wirth Law Office, we offer experienced help when the stakes are high. Our empathetic and knowledgeable approach ensures you’re supported every step of the way. Discover how we can assist in building your defense—click to learn more.
Lauria & Ashley’s Law: Why Accessory to Murder Just Got Harder Read Post »
Navigate Oklahoma’s changing criminal laws with confidence. As new regulations take effect, we’re here to help you understand how these developments impact you directly. Our empathetic, straightforward guidance ensures you know what’s coming and how to protect your rights. Discover how these changes might affect your life by clicking through to learn more.
Jesse Butler, an 18-year-old from Oklahoma, admitted to the sexual and physical abuse of two teenagers when he was a minor. Charged initially as an adult, his status changed to a youthful offender due to his age at the time of the crimes. Despite facing a 78-year prison sentence, Butler is free, required to complete community service and counseling, and abide by a curfew. This decision, influenced by factors like maturity and potential for rehabilitation, has sparked public protests. Butler’s criminal record may be expunged by his next birthday, a situation that has caused considerable controversy.
James Wirth on NewsNation: The Truth Behind OK's Youthful Offender Act Read Post »
The blog post addresses common misconceptions about child custody, highlighting the complexity of family law and the frequent misunderstandings clients have. One major misconception is over-relying on internet research, such as Google, without considering legal expertise and statutory guidance. It emphasizes the difference between physical and legal custody, clarifying that joint custody does not always equate to equal parenting time. Instead, it involves shared decision-making rights, even if one parent has primary physical custody. The post underscores the importance of seeking clear explanations from legal professionals to navigate custody matters effectively.
Stop Googling Your Child Custody Case: An Attorney Explains Why Google is Wrong Read Post »
The blog post, written by Tulsa attorney Carl Birkhead, discusses the potential legal consequences of posting negative comments about an ex-partner on social media platforms like Facebook. It highlights the balance between First Amendment free speech rights and the rights to privacy and protection from harassment. Birkhead advises against posting such comments online, noting that even non-defamatory statements can negatively impact legal cases, particularly in family law contexts. He provides an example of how online posts can undermine credibility in court. The post concludes with the recommendation to avoid sharing anything online that one wouldn’t want read in court.
Can You Be Sued for Facebook Posts About Your Ex? Read Post »
In Oklahoma, individuals engaged in a dispute with a former co-parent can legally record interactions, including phone calls, without needing the other party’s consent. Tulsa child custody attorney Carl Birkhead explains that recordings can serve as crucial evidence in child custody cases, offering tangible proof of statements made during conversations. This practice is common and can be done openly or discreetly. While the law permits such recordings without notifying the other party, Birkhead advises using this option judiciously and being mindful that others might also record interactions with you.
Record Your Ex: The Legal Strategy that Can Win Your Child Custody Case Read Post »
The DUI statutes are set to change on November 1st, 2025. Two charges, driving while impaired and actual physical control of the vehicle (APC), will be eliminated. Previously, drivers with a BAC below 0.08 could be charged if impaired by alcohol or drugs; now, any impairment can lead to a DUI charge, regardless of BAC. The APC charge, previously applicable to individuals in a vehicle without operating it, will also be encompassed under DUI. This amendment implies that being in a vehicle while impaired, even without driving, could result in a DUI charge.
Christopher Stevens shares his experience as an extern at Wirth Law Office, where he previously worked in personal injury. Seeking to enhance his knowledge of criminal law, Stevens returned for his law school externship. He praises the supportive and knowledgeable environment, highlighting exposure to various legal areas. During his externship, Stevens gained courtroom experience in both municipal and district courts across Tulsa and Creek County. He emphasizes the broad opportunities available at Wirth Law Office for externships, regardless of legal specialization, due to the diverse practice areas covered by the firm.
Law School Externship: Get Real Courtroom Experience at Wirth Law Office Read Post »
