Wirth Law Office - Tulsa Tulsa Attorney Blog
The Oklahoma Criminal Defense Lawyers Association has released a scorching rebuke of a bill that would let judges sentence juveniles to life in prison without a chance for parole. Oklahoma law otherwise allows juries to determine sentences within limits set by law. Different sentencing procedures would deny those juveniles equal protection of the law as […]
For nearly 50 years, the Dept. of Public Safety has seized and revoked drivers licenses of motorists arrested for DUI in Oklahoma. Oklahoma law required licenses to be revoked as a matter of civil law, long before a driver was afforded due process of law in a criminal court. Mandatory drivers license revocations on arrest […]
Philadelphia District Attorney Larry Krasner’s reform-minded approach to criminal prosecution has prosecutors nationwide on notice that the nation might be ready for a new direction in to criminal justice.
The City of Tulsa ended a funding dispute with the county sherrif by opening a city jail. When the city jail exceeds capacity. the city now sends excess inmates 40 miles away, to a frequently overcrowded jail in Okmulgee County.
A new Oklahoma law that allows cameras to be used in ticketing motorists suspected of driving without insurance could result in arrest of innocent drivers. Tulsa traffic ticket attorney James Wirth told Fox 23 the semi-automated, camera-driven system could issue as many as 20,000 uninsured driving tickets a month.
A bill in the 2018 Oklahoma legislature would let voters decide whether the Oklahoma Court of Criminal Appeals should be abolished. Among 50 states, only Oklahoma and Texas have separate appeals courts for criminal and civil matters. Defense attorneys say the split has resulted in a prosecution friendly appeals court that is sometimes blithe indifference to its own precedents.
A proposal to let voters decide the future of the Oklahoma Court of Criminal Appeals might face an uphill battle in the legislature. Oklahoma lawmakers have had a chilly relationship with the Oklahoma’s other appeals court, which could take on the work of the criminal appeals court if voters approved the measure.
Until recently, nearly every police agency in the nation relied on an interrogation practice called the “Reid Method.” This harsh method aims to squeeze confessions from suspects through stress, fatigue, intimidation and sympathy. A recent research paper by a University of Virginia Law student suggests the Reid Method is highly likely to elicit false confessions. […]
Recent research that reviewed thousands of child abuse cases where shaken baby syndrome was alleged revealed there is virtually no reason to presume abusive head trauma was to blame when no evidence beyond an infant’s symptoms or brain injuries were present.
Tulsa attorney James M. Wirth appeared on KTUL to explain flaws a new law that will use remote cameras to enforce Oklahoma driving without insurance laws. The law ignores an age old presumption of innocence before trial, makes light of probable cause requirements before a citation can be issued, lays groundwork for arrest warrants to name insured drivers who never received notices of a citations, allows officials to rely on a database that might exclude one in 20 insured drivers, and appears to be a cash cow for District Attorneys who can shuffle accused drivers into a probation program without ever taking them to court.
Cameras to enforce Oklahoma compulsory insurance laws headed to Tulsa. The semi-automated system is likely to result in systematic wrongful prosecutions. District Attorneys, who stand to gain $20 million a year for operation of the program, have little incentive to curtail wrongful prosecution or arrest of otherwise insured drivers.
A police officer’s desktop review of images taken by roadside cameras and information stored in state databases is enough to arrest drivers suspected of driving without insurance in Oklahoma. The newly approved system threatens to automate wrongful prosecution by District Attorneys who have a financial incentive to allow systematic mistakes.
The Oklahoma Supreme Court has overturned a sweeping 2017 DUI law for due-process flaws and for violating constitutional single-subject requirements. The entire law was set aside before it even took effect. The decision means ongoing uncertainty for thousands of drivers accused of DUI – and police enforcing DUI laws – with regard to the procedure for contesting drivers license revocations after DUI arrests.
When Is My Court Date? Ask the Courtbot App If you wonder how to remember when your next court date is, you now have an easy button. A new app lets you enter your case number and get a text message 24 hours before a court date. Now, we would not recommend a free, open […]
The Oklahoma Supreme Court has again stricken a law that required plaintiffs to seek an experts approval before filing medical malpractice lawsuits.