Tulsa Attorney Blog
Where Do I Find Court Paperwork (Pleadings) in Oklahoma?
Are you struggling to find court paperwork in Oklahoma? Tulsa Attorney James Wirth understands your frustration. While some courts provide fill-in-the-blank forms for certain cases, finding the correct paperwork for more complex situations can be challenging. Hiring an attorney or a drafting service can be expensive, but representing yourself requires meeting the same standards as an attorney. However, Oklahoma offers an online court system where you can search for similar cases and download public records as templates. Although handling your case yourself can be difficult without legal knowledge and training, contacting James Wirth at MakeLawEasy.com can provide personalized assistance for your specific circumstances. Read more »
Custodial Parent Gets a Child Endangerment DUI. What to Do?
In this blog post, Tulsa attorney James Wirth addresses a common concern: what should a custodial parent do when the other parent gets a DUI and endangers the child? Wirth advises against waiting until the criminal case is over before taking action. Instead, he suggests going to court quickly to update the existing custody order to reflect the situation accurately. He emphasizes the importance of utilizing an agreement to modify the order, as it is cheaper and faster than waiting for a dispute to arise. Wirth recommends filing a motion to modify, drafting an agreed order for sole custody, and determining appropriate visitation arrangements. For personalized advice, he encourages readers to schedule an appointment with his office through MakeLawEasy.com. Read more »
How Long Before You Can File to Terminate the Rights of an Absent Parent under Oklahoma Law?
Are you wondering how long it takes to terminate the parental rights of a parent who has had no contact with their child? Tulsa attorney James Wirth is here to answer that question. Under Oklahoma law, terminating parental rights is a two-phase process that focuses on the best interest of the child. Unless someone else is stepping in as a parent or if the child is in a deprived child action seeking permanency, the court is unlikely to terminate a parent's rights. However, if a step-parent wants to adopt the child, there are certain criteria that need to be met, including 12 consecutive months of no contact or failure to pay child support. For personalized advice, contact James Wirth's office or visit makelaweasy.com. Read more »
When You Remarry, Can Child Support Enforcement (DHS/CSE) Put a Lien on New Spouse's Property?
In today's blog post, Tulsa Attorney James Wirth addresses a common concern when it comes to child support enforcement: can they go after your new spouse's property? While the answer is generally no, there are certain circumstances where they may be able to. Wirth explains that the key is to keep your assets separate from your spouse's. If you have real property or a bank account that is solely in your spouse's name and has not been commingled, child support enforcement cannot place a lien or levy on it. However, if you have joint accounts or commingle assets, they may have access to those funds. It's important to handle your assets carefully and seek legal advice for your specific situation. Contact Wirth's office or visit MakeLawEasy.com for more information. Read more »
Does Oklahoma's 6-Month Prohibition on Remarriage Begin When a Divorce Petition is Filed?
In Oklahoma, the six-month prohibition on remarriage after a divorce does not begin when the divorce petition is filed or when you separate from your spouse. It actually starts on the date when the court officially dissolves your marriage. During this period, it is illegal to remarry within the state of Oklahoma or even remarry out of state and reside together in Oklahoma. Although the offense of bigamy is rarely prosecuted, it is important to comply with the state's laws. If you have further questions about family law in Oklahoma, it is best to consult with an attorney privately and confidentially. To schedule a consultation with Tulsa Attorney James Wirth, visit MakeLawEasy.com. Read more »
Can I Avoid Oklahoma's 6-Month Prohibition on Marriage if We Separated a Long Time Before Divorce?
Separation Doesn’t Matter Can I avoid Oklahoma’s six months prohibition on remarriage if my ex and I were separated a long time before divorce? I’m Tulsa Attorney James Wirth and that’s the question that we have. It is a statutory question. It is under Oklahoma Statutes Title 43, Section 123, and it provides that when […] Read more »
What is APIP in Oklahoma?
APIP, or the Abusive Partners Intervention Program, is the new name for the Batterers Intervention Program (BIP) in Oklahoma. This program is often ordered as part of a sentence or probation for individuals charged with domestic violence. It is a 52-week program that requires weekly attendance at sessions. Failure to attend or missing a certain number of sessions can result in starting over or being kicked out. The program, provided by DVIS in Tulsa, covers 11 topics, including abuse and violence as a form of control, non-abusive communication techniques, and the effects of domestic violence on both the victim and the batterer. If you have further questions or need legal advice, contact Tulsa Attorney James Wirth at MakeLawEasy.com. Read more »
What is a Gang Related Offense in Oklahoma?
Please note that the information provided above is not legal advice. It is a general overview of a gang-related offense in Oklahoma. If you have been charged with a gang-related offense or any other offense and have specific questions, it is important to consult with an attorney who can provide you with personalized legal advice based on your unique circumstances. In Oklahoma, a gang-related offense is defined under Oklahoma law Title 21 Section 856.3. This statute, enacted in 2011, makes it a crime to commit a gang-related offense. According to the statute, any person who attempts or commits a gang-related offense as a condition of membership in a criminal street gang, or while in association with any criminal street gang or gang members, can be charged with a felony. To understand what constitutes a gang-related offense, it is necessary to examine Title 21 Section 856. This section provides a list of offenses that are considered gang-related. It also defines a criminal street gang as any ongoing organization, association, or group of five or more persons that specifically promote, sponsor, assist in, or require the commission of certain criminal offenses as a condition of membership or continued membership. The criminal offenses considered gang-related include: 1. Assault 2. Battery 3. Assault and battery with a deadly weapon 4. Aggravated assault and battery 5. Robbery by force or fear 6. Robbery or attempted robbery with a dangerous weapon 7. Homicide 8. Manslaughter 9. Sale, possession, trade, manufacture of controlled dangerous substances (CDS) 10. Trafficking illegal drugs 11. Arson 12. Influence or intimidation of a witness 13. Theft of a vehicle 14. Rape 15. Extortion 16. Transporting of a loaded firearm 17. Possession of a concealed weapon 18. Shooting or discharging a firearm 19. Soliciting another to commit an act of prostitution 20. Human trafficking 21. Possession of a firearm after former conviction of a felony If you are charged with a gang-related offense or any other offense, it is crucial to seek legal advice from an experienced attorney. They can provide guidance on your specific case and help protect your rights. To schedule a consultation with an attorney at James Wirth Law Office, you can visit their website at makelaweasy.com. Read more »
OCCA Changes the McGirt Rules Again: Defendant on Deferred Sentence Denied Relief. 2023 OK CR 20.
The Oklahoma Court of Criminal Appeals has issued a new ruling that further changes the application of the McGirt decision. In this case, the defendant, Dio, who had entered into a deferred sentence before McGirt, was denied relief. McGirt held that the Muscogee Creek Nation reservation was never disestablished, meaning that much of northeast Oklahoma is now considered Indian country. As a result, the state lacks jurisdiction to prosecute tribal members who commit crimes in that area. McGirt's conviction was vacated, but the state re-prosecuted him and imposed a new sentence. The US Supreme Court found that the state lacked authority to prosecute him, but later the Matloff decision stated that it only applied going forward as a new procedural rule. In Dio's case, he did not have a final conviction, so previous precedent would suggest that the state lacked jurisdiction. However, the court changed the rules again and stated that subject matter jurisdiction could be waived. The majority opinion redefines Indian country jurisdiction, effectively bypassing McGirt. Two judges dissented and criticized the majority decision. The ruling adds to the complexity of the law and contorts legal phrases to fit a results-based analysis. It is important for practitioners and individuals in similar situations to seek legal advice to understand how this ruling may impact their cases. Read more »
Tulsa Attorney James Wirth Discusses Gun Rights for Those on Domestic Violence Restraining Orders with News on 6
Tulsa attorney James Wirth is weighing in on a case before the U.S. Supreme Court that could potentially restore gun rights to individuals with protective orders against them due to domestic violence. Currently, a 1994 law prohibits those under domestic violence restraining orders from possessing firearms. However, the case of U.S. v. Rahimi questions whether this law violates the Second Amendment. If the Supreme Court sides with Rahimi, alleged domestic abusers subject to protective orders could legally possess guns. While advocates for domestic abuse victims argue that the law is crucial for their safety, Second Amendment supporters believe it infringes on constitutional rights. The Supreme Court's decision is not expected until June. Read more »
New York Times Reaches Out Again to Tulsa Attorney James Wirth
In the ongoing legal aftermath of 'Tiger King,' Tulsa lawyer James Wirth, from Wirth Law Office, was sought out once again by The New York Times for their May 20, 2021 article. The piece delves into the federal authorities' seizure of 69 big cats from Jeffrey Lowe and his wife at their Tiger King Park in Thackerville, OK. While Wirth declined to comment this time, the situation underscores the significance of robust legal representation and adept media handling. At Wirth Law Office, we prioritize our clients' trust and are prepared to provide tailored guidance and representation to secure the best outcomes for their future. Read more »
Tulsa Attorney James Wirth's Interview with KTUL 8: Glenpool Teacher Suspended for Alleged Misconduct
In a recent interview with KTUL Channel 8, Tulsa attorney James Wirth shed light on a concerning incident at Glenpool Intermediate School. Allegations of inappropriate behavior were raised against math teacher Karl King, who was accused of touching a student inappropriately. As a result, King was swiftly suspended and an investigation was launched. Wirth emphasized the importance of determining the teacher's intent in such cases, citing factors such as the teacher-student relationship, previous incidents, witness testimonies, and subjectivity. At present, no charges have been filed against King, and the Superintendent of Glenpool Public Schools has chosen not to comment until further information is provided by the police, who are currently investigating the matter. Read more »
Tulsa Attorney James Wirth Discusses Locust Grove Dog Mistreatment Lawsuit on KTUL Channel 8
Tulsa attorney James Wirth has shed light on a disturbing lawsuit gripping the small town of Locust Grove, Oklahoma. A resident has filed a multi-million-dollar lawsuit against the city and the police department, alleging severe mistreatment of dogs by law enforcement officers. The incident occurred when two officers responded to a complaint about dogs running loose on a resident's property. However, the owner claims the dogs were peacefully sitting in their front yard and posed no threat. The officers allegedly threatened the owner with fines or surrendering the dogs, ultimately shooting them both in the head. Wirth has highlighted the officers' disregard for proper procedures and the potential legal implications of their actions. Read more »
Newsweek Asks Wirth Law Office to Explain Oklahoma Animal Abuse Law
Newsweek recently took advantage of Wirth Law Office's ongoing commitment to providing free online legal information. A Newsweek article reported an arrest involving an employee of a Tulsa dog groomer who was charged with felony animal abuse. Seeking clarity on Oklahoma's laws surrounding animal abuse, Newsweek turned to Wirth Law Office's comprehensive collection of articles on the subject. Our team is dedicated to ensuring that individuals are informed and aware of their legal rights. Read more »
Tulsa Attorney James Wirth's KTUL Interview on Securing 10-Year-Old's Birth Certificate
Fortunately, Tulsa Attorney James Wirth stepped in to assist Willow's family during this tumultuous period. He recognized the complexities of the situation, explaining, "The laws can be complicated if you haven't worked in this before and you don't know how it works, it can be very difficult." James Wirth offered his legal expertise to help the family navigate these intricate legal hurdles, starting by sending a letter to Willow's school to facilitate her enrollment. Read more »
Kansas Court Rules “Driving on Drug Corridor” Can’t Be a Factor in Detaining Motorist!
Kansas Court Rules “Driving on Drug Corridor” Can’t Be a Factor in Detaining Motorist! Learn more about this landmark ruling MakeLawEasy.com. Read more »
HB 3270: Case Dismissed Cost to Defendant? Not Without Judicial Approval.
HB 3270: Learn about the new Oklahoma law on case dismissals. Find out who bears the cost and how judicial approval is now required. Read more »
Kansas Two-Step Ruled Unconstitutional; So What About OHP's Consensual Encounters?
Kansas Two-Step ruled unconstitutional, raising concerns about Oklahoma's consensual encounters. Learn more from MakeLawEasy.com Read more »
What Is Oklahoma Highway Patrol’s Consensual Encounter Tactic?
Learn about Oklahoma Highway Patrol's consensual encounter tactic and how it may violate constitutional rights. Talk to attorney James Wirth. Read more »
The City of Tulsa Creates a Night Court on Thursdays
The City of Tulsa has introduced a new night court on Thursday evenings at the Tulsa Municipal Court. This initiative aims to assist individuals who work during the day and find it difficult to attend court for their traffic or city-related tickets. Starting from September 7th, a separate docket will be scheduled for Thursday nights, allowing working people to avoid taking time off work. The specific details of how the dockets will be handled are not yet known, but it is anticipated that the court will maintain its usual flexibility. Additionally, Spanish speakers will have the benefit of a free translator at the Thursday night docket. If you need legal advice or further information, it is recommended to consult with an attorney privately. Read more »
How Do You Get Service if You Don’t Know Where the Defendant Is?
In the legal world, getting service on a defendant can be a challenge if you don't know their whereabouts. Tulsa Attorney James Wirth explains the process. Typically, you can serve someone through certified mail or by a process server, but what if you have no address or information? This is where service by publication comes in, but it's not automatic. You must demonstrate to the court that you've exhausted all other means of service. This may involve hiring a private investigator or conducting a skip trace. Once approved, you publish notice in a legal newspaper. If there is no response, you can obtain a default judgment. Remember, every case should have a means of service, even if it requires extra effort. If you're struggling with service, consult an attorney for advice tailored to your situation. Read more »
The Best Time for a Father to Complete a Paternity Case Is When the Parents Are Getting Along!
In this blog post, Oklahoma lawyer James Wirth discusses the best time for a father to complete a paternity case. He emphasizes that the ideal time is when both parents are getting along. Wirth explains that many fathers reach out to lawyers when they are facing difficulties in their relationship with the mother. However, if the parents start getting along better, they may question the need for a costly court process. Wirth advises that even if things are going well, it is important to complete the case to establish enforceable rights and have a court order in place. He encourages readers to seek legal advice for their specific circumstances and provides information on how to schedule a consultation with his office. Read more »
OCCA "Clarifies" How People Representing Themselves Will Be Treated. (M-2023-356).
In this blog post, Tulsa Attorney James Wirth discusses a recent clarification by the Oklahoma Court of Criminal Appeals regarding how people representing themselves will be treated in court. The case in question involved a person appealing traffic tickets and seeking guidance on court procedures. The court's response stated that individuals representing themselves will be held to the same standards as licensed attorneys, emphasizing the importance of legal knowledge and experience. Wirth highlights the challenges faced by pro se litigants and advises seeking legal help and advice if considering self-representation. To schedule a consultation with his office, readers are directed to visit MakeLawEasy.com. Read more »
Tulsa Attorney James Wirth’s Interview with KTUL 8 about Oklahoma Mother’s Case Delayed by McGirt
The case involves an Oklahoma mother seeking justice for her five-year-old daughter, who was a victim of a shocking incident perpetrated by a 13-year-old boy. Despite the suspect's voluntary confession, the case encountered significant delays due to the McGirt v Oklahoma ruling, leading to a transfer of jurisdiction to Muscogee Creek Nation. Read more »
New Law Makes It a Misdemeanor to Spy with a Drone in Oklahoma
New Oklahoma law that classifies spying with a drone as a misdemeanor. Learn more from our video series on new state laws. Read more »