Wirth Law Office - Tulsa Tulsa Attorney Blog

• New Law Makes It a Misdemeanor to Spy with a Drone in Oklahoma

  By James M. Wirth, Esq., July 21st, 2023

  

  New Oklahoma law that classifies spying with a drone as a misdemeanor. Learn more from our video series on new state laws.

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• New Law Requires Better Reporting of Municipal Convictions in Oklahoma

  By James M. Wirth, Esq., July 20th, 2023

  

  Discover how a new law in Oklahoma mandates better reporting of municipal convictions. Learn more at MakeLawEasy.com.

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• HB 3135: Misdemeanor Defendants Now Eligible for Community Sentencing under New Oklahoma Law.

  By James M. Wirth, Esq., July 20th, 2023

  

  New Oklahoma law, HB 3135, allowing misdemeanor defendants to receive community sentencing. Learn more from us at makelaweasy.com.

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• New Law Makes it Easier for Convicts to Get Occupational Licenses in Oklahoma

  By James M. Wirth, Esq., July 19th, 2023

  

  Looking for occupational licenses in Oklahoma? HB 3002 makes it easier for convicts to get licensed. Contact us for more info.

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• New Oklahoma Law Allows Complete Expungement of Two Felony Deferred Sentences

  By James M. Wirth, Esq., July 19th, 2023

  

  Learn about the new law in Oklahoma, HB 3024, allowing complete expungement of two felony deferred sentences.

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• The Legal Dangers of Fentanyl Laced Meth in Oklahoma

  By James M. Wirth, Esq., July 17th, 2023

  

  In Oklahoma, the legal consequences of possessing fentanyl-laced meth can range from misdemeanors to life imprisonment. Tulsa attorney James Wirth explores this topic and sheds light on the state’s laws surrounding drug possession and trafficking. While simple possession of meth is a misdemeanor carrying a maximum sentence of one year, possession of a certain amount can result in trafficking charges, regardless of intent to sell or distribute. The presence of fentanyl makes the situation even more serious, with just one gram of a fentanyl-laced substance qualifying as trafficking. Possessing five grams or more could lead to aggravated trafficking and potential life imprisonment. Wirth emphasizes the importance of seeking legal counsel in such cases to fully understand the potential consequences.

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• Can Oklahoma Prosecute Indians for Crimes Against Non-Indians on the Reservation?

  By James M. Wirth, Esq., July 17th, 2023

  

  In a recent decision by the Oklahoma Court of Criminal Appeals, the question of whether Oklahoma can prosecute Indians for crimes against non-Indians on tribal territory has arisen. The court’s majority opinion, based on the United States Supreme Court decision of Castro-Horta, suggests that the state may retain jurisdiction to prosecute an Indian for a crime against a non-Indian. However, this argument lacks authority and does not make much sense. The dissenting opinion argues that allowing the state to advance this novel theory of concurrent jurisdiction over Indians in Indian country would be injurious to tribal sovereignty. Currently, the answer to whether Oklahoma can prosecute Indians for crimes against non-Indians on reservation land remains uncertain, but legal analysis suggests that it is likely preempted. To obtain specific legal advice regarding your circumstances, it is recommended to consult with an attorney.

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• Who Will I Be Working with While in the Drug Court Program in Tulsa?

  By Staff, July 14th, 2023

  

  If you’re in the Drug Court Program, you will not be working directly with staff of Tulsa County Courthouse. You’ll be working primarily with staff of the Drug Court Program. These are people who work alongside advocates and clinicians at such wonderful places as Action Steps or Family & Children’s Services. These are people who […]

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• OCCA Finds Peoria Tribe Reservation was Disestablished Then Re-established

  By James M. Wirth, Esq., July 14th, 2023

  

  In a recent case, the Oklahoma Court of Criminal Appeals determined that the Peoria tribe reservation was disestablished but later reestablished, and it remains intact today. The court relied on the precedent set by the United States Supreme Court in McGirt to make this determination. The Peoria reservation was created by treaty in 1867 but was terminated in 1956. However, Congress later reversed its policy and reinstated tribal sovereignty through the Reinstatement Act of 1978. The court concluded that the reservation was fully restored by the language of this act, and therefore, the state of Oklahoma lacks jurisdiction to prosecute crimes committed by Indians in the Peoria reservation. For specific legal advice on tribal sovereignty or criminal offenses in Oklahoma, it is advised to consult an attorney.

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• McGirt: OCCA Ottawa Tribe Reservation Was Disestablished & Then Reestablished.

  By James M. Wirth, Esq., July 14th, 2023

  

  In a recent case, the Oklahoma Court of Criminal Appeals ruled that the Ottawa tribe reservation, which was disestablished in 1956, was then reestablished in 1978 and remains intact today. This decision stems from the landmark McGirt decision, which found that the Muscogee Creek Nation reservation was never disestablished. Now, the state of Oklahoma lacks jurisdiction to prosecute Native Americans for crimes committed within tribal reservations. The court examined the tribal history and determined that the 1978 Reinstatement Act fully restored the Ottawa tribe’s sovereignty and rights. This means that crimes allegedly committed by Indians on Ottawa Nation territory must be prosecuted in tribal or federal court. For more information on how the McGirt decision may impact your case, schedule a confidential consultation with Tulsa Attorney James Wirth at MakeLawEasy.com.

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• Federal Court Gives OCCA the Smackdown! Vacates Vacation of Order Vacating. (Graham v. White).

  By James M. Wirth, Esq., July 7th, 2023

  

  Federal Court gives Oklahoma Court of Criminal Appeals the smackdown in Graham v. White case related to McGirt.

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• When Is an In-Court Identification “Unnecessarily Suggestive” for Preliminary Hearing in Oklahoma?

  By James M. Wirth, Esq., July 7th, 2023

  

  In-court identification at preliminary hearings in Oklahoma? Tulsa Attorney James Wirth discusses when it can be “unnecessarily suggestive.”

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• What Are My Responsibilities While Being in a Tulsa Drug Court?

  By Staff, July 6th, 2023

  

  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 […]

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• What is the Default Punishment for a Felony in Oklahoma?

  By James M. Wirth, Esq., July 6th, 2023

  

  Default punishment for a felony in Oklahoma? Attorney James Wirth explains the default statutes and provides guidance.

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• Do Grandparents Have Visitation Rights in Oklahoma?

  By Staff, July 6th, 2023

  

  Grandparents do not automatically have visitation rights in Oklahoma. The court considers multiple factors before determining if grandparents have a right to visitation with their grandchild. One of those factors is whether or not there is an intact nuclear family. In Oklahoma, a nuclear family is defined as a family where a mother and father, or both parents present at birth, are married. If the family is disrupted due to divorce, separation, annulment, death, or incarceration of a parent, the court may consider granting visitation rights to grandparents. Additionally, the court will consider if the child’s best interests are served by granting visitation and if the parents are unfit. If you have questions about grandparents’ rights in Oklahoma, contact Oklahoma Attorney Lindsay McDowell at makelaweasy.com.

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