HB 3270: Learn about the new Oklahoma law on case dismissals. Find out who bears the cost and how judicial approval is now required.
HB 3270: Case Dismissed Cost to Defendant? Not Without Judicial Approval. Read Post »
Kansas Two-Step ruled unconstitutional, raising concerns about Oklahoma’s consensual encounters. Learn more from MakeLawEasy.com
Kansas Two-Step Ruled Unconstitutional; So What About OHP's Consensual Encounters? Read Post »
Learn about Oklahoma Highway Patrol’s consensual encounter tactic and how it may violate constitutional rights. Talk to attorney James Wirth.
What Is Oklahoma Highway Patrol’s Consensual Encounter Tactic? Read Post »
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.
The City of Tulsa Creates a Night Court on Thursdays Read Post »
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.
How Do You Get Service if You Don’t Know Where the Defendant Is? Read Post »
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.
The Best Time for a Father to Complete a Paternity Case Is When the Parents Are Getting Along! Read Post »
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.
OCCA "Clarifies" How People Representing Themselves Will Be Treated. (M-2023-356). Read Post »
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.
Tulsa Attorney James Wirth’s Interview with KTUL 8 about Oklahoma Mother’s Case Delayed by McGirt Read Post »
New Oklahoma law that classifies spying with a drone as a misdemeanor. Learn more from our video series on new state laws.
New Law Makes It a Misdemeanor to Spy with a Drone in Oklahoma Read Post »
New Oklahoma law, HB 3135, allowing misdemeanor defendants to receive community sentencing. Learn more from us at makelaweasy.com.
HB 3135: Misdemeanor Defendants Now Eligible for Community Sentencing under New Oklahoma Law. Read Post »
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.
The Legal Dangers of Fentanyl Laced Meth in Oklahoma Read Post »
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.
Can Oklahoma Prosecute Indians for Crimes Against Non-Indians on the Reservation? Read Post »
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
Who Will I Be Working with While in the Drug Court Program in Tulsa? Read Post »
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.
OCCA Finds Peoria Tribe Reservation was Disestablished Then Re-established Read Post »
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.
McGirt: OCCA Ottawa Tribe Reservation Was Disestablished & Then Reestablished. Read Post »
Federal Court gives Oklahoma Court of Criminal Appeals the smackdown in Graham v. White case related to McGirt.
Federal Court Gives OCCA the Smackdown! Vacates Vacation of Order Vacating. (Graham v. White). Read Post »
In-court identification at preliminary hearings in Oklahoma? Tulsa Attorney James Wirth discusses when it can be “unnecessarily suggestive.”
When Is an In-Court Identification “Unnecessarily Suggestive” for Preliminary Hearing in Oklahoma? Read Post »
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
What Are My Responsibilities While Being in a Tulsa Drug Court? Read Post »
Default punishment for a felony in Oklahoma? Attorney James Wirth explains the default statutes and provides guidance.
What is the Default Punishment for a Felony in Oklahoma? Read Post »
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.
Do Grandparents Have Visitation Rights in Oklahoma? Read Post »
SB 1742 allows interlocutory appeal on stand your ground decisions, providing immunity from prosecution and an accelerated appeal process.
SB 1742: New Law Allows Interlocutory Appeal on Stand Your Ground Decision in Oklahoma Read Post »
