Wirth Law Office - Tulsa Tulsa Attorney Blog
The Oklahoma Senate is considering a bill that would reduce waiting periods for expungement of court records in misdemeanor and non-violent felony cases. The reform would also for the first time allow expungement of two non-violent felonies, allow immediate expungement of some misdemeanors where fines were under $501, and allow expungement of misdemeanors or non-violent felonies resulting in deferred judgements even after prior misdemeanor convictions.
A Washington County court has dismissed a lawsuit on free speech grounds under a fast-track procedure created in the 2014 Oklahoma Citizens Participation Act. The decision runs contrary to two previous OCPA decisions in other libel cases, all of which involve the same group of Rogers County defendants, sued by former District Attorney Janice Steidley. The contrary rulings set the stage for an appellate decision on the Oklahoma law intended to provide timely relief when a libel lawsuit challenges constitutionally protected advocacy.
Officers on a DEA task force testified falsely that police did not enter a house before a judge issued a search warrant. When a federal judge excluded evidence because of false police testimony, prosecutors dismissed the synthetic marijuana case
In a stinging review of Oklahoma criminal procedure, the 10th Circuit Court of Appeals Bemoaned Oklahoma’s short appellate deadlines and lack of a prison mailbox rule for computing deadlines pegged to dates court documents are issued.
Filing joint tax returns can have serious implications involving common law marriage in Oklahoma. A joint tax return can be enough to tip the scales creating a common law marriage, but a legal divorce might be required to end a common law marriage.
A court says Oklahoma DHS relied on the wrong law for nearly 20 years when it assessed parents 10 percent interest on certain child support accruals. In a published 1993 case, the state appeals court had determined that, when back child support in Oklahoma is accrued before a child support judgment is in place, interest is set according to the state’s Civil Procedure, which results in a significantly lower rate than the 10 percent assessed by law on delinquent child support.
The 10th Circuit Court of Appeals has allowed the prosecution of a woman was charged with conspiracy to distribute methamphetamine after she worked with the Drug Enforcement Agency in hopes of avoiding prosecution.
Oklahoma’s childrens code defines specific rights of foster parents, including the right to information necessary for providing proper care, the right to be notified before a child is relocated and the right to be heard in a judicial proceeding if a foster parent objects to relocation of a foster child. A Tulsa foster parents attorney helps foster families exercise their rights.
In controversial sting operations, federal agents have twice in recent years hosted child porn Websites seized during criminal investigations. Analysts say it is a new tactic for federal agents who have previously argued children are exploited any time the child pornography is viewed.
Two top courts in Oklahoma’s bifurcated court system have published contrary opinions about whether criminal court deadlines include weekends or holidays. The Oklahoma Court of Criminal Appeals maintains a legislative mandate requires it to include count all calendar days in deadlines, even if the court is closed on a day of a deadline. The Oklahoma Supreme Court earlier published an opinion declaring its business-day rules govern some criminal court deadline procedures.
10th Circuit Carves Out Lie Detector Exception True or false? Lie detector tests are not admissible in criminal court. Standard wisdom holds that polygraph test are never admissible in Oklahoma criminal trials. There is more to it. Let’s try another question. True or false? Results of polygraph tests may not be admitted as evidence of […]
Tests Director Responds to Appeals Court Case The Oklahoma Board of Tests of Alcohol and Drug Influence will probably not seek emergency rules for approval of reference materials used in DUI breathalyzers throughout Oklahoma. The director of the state agency has declined to recommend emergency rule making in the wake of a November, 2015 decision […]
Jurisdictional conflict erupted again in Oklahoma’s bifurcated court system when the top civil court ruled in a matter emerging from a criminal case. The matter involved how deadlines are computed when a litigant appeals a motion to disqualify a judge.
Oklahoma might soon join a rapidly growing number of states that have adopted medical amnesty laws to protect people who call for assistance when someone is suffering a drug overdose. Dubbed Good Samaritan laws, the measures exempt people who call for help from prosecution when small amounts of drugs or drug paraphernalia are found at the scene of an overdose emergency.
News on 6 had some questions for Wirth Law Office concerning the death of a man in confined to the Tulsa County jail.