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Oklahoma criminal justice reform

What is a Suspended Sentence in Oklahoma?

So it’s similar in some respects to the deferred because you’re on probation for a period of time and you stay out of jail. But the main difference is with the suspended sentence, you get a conviction. So you work out a plea deal with the state, or maybe you do a blind plea and it gets sentenced by the judge. Either case, if you get a suspended sentence, from that moment that you’re sentenced, you are guilty of that offense and you have it on your record. So, if it’s a misdemeanor, you’ve got a misdemeanor conviction. If it’s a felony, now you’re a convicted felon if you weren’t before.

What is a Suspended Sentence in Oklahoma? Read Post »

James M Wirth Tulsa Lawyer

What is a Continued Sentence in Oklahoma?

A deferred sentence is where you’re on probation for a period of time and then it’s dismissed and expunged. A continued sentence is a little bit different. So in a continued sentence, you’ve reached an agreement with the prosecutor and pursuant to that deal, you enter a plea and then you’re put on probation for a period of time.

What is a Continued Sentence in Oklahoma? Read Post »

Tulsa traffic ticket attorney

Why Did the Police Officer Lower the Speed on my Traffic Ticket?

You get pulled over and then the officer tells you, you were going one speed, but he writes the ticket for a lesser speed. It makes you think, what’s he hiding? Did he lie about me going faster? And that’s why he’s writing it for a less amount. Did he maybe do the radar at one speed and then he did it again, it was a lower speed and now he can’t use the old one. What’s going on here?

Why Did the Police Officer Lower the Speed on my Traffic Ticket? Read Post »

What is a Deferred Prosecution Agreement in Oklahoma?

So there’s usually two ways about a deferred prosecution agreement that it gets worked out. Sometimes it happens before a criminal case is filed. So there’s an investigation going on and there’s negotiations going on with the prosecutor. This happens a lot of times with bogus checks. So if a bogus check gets turned into the DA’s office, a lot of times they’ll contact the person and they workout a payment plan on it.

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Never DON'T Sign Your Traffic Ticket!

All right, so you get pulled over for some sort of traffic offense and you’re kind of upset about it and the officer’s going over with you and you dispute what happened. They say you’re going this fast, you know you weren’t and you want to contest it and you can’t wait to get into court. So you’re in that frame of mind and the officer asks you, “Why don’t you sign here on the ticket?” Sometimes people’s gut reaction is, “Well, I don’t agree with that. I don’t want to sign the ticket. I want to contest this. I want to go to court.” And I’ve had people call me after the fact, so angry with the way the officer responded when they refuse to sign, where they’re threatening to take them to jail and all that and they’re very angry with the way the officer handled it and I have to kind of explain to it.

Never DON'T Sign Your Traffic Ticket! Read Post »

What is a Deferred Sentence in Oklahoma Courts?

So first thing about deferred sentence is you don’t want to confuse them with a deferred prosecution. In a deferred prosecution, that’s just a deal between you and the prosecutor, the defendant and the prosecutor. The courts not really involved in that. With a deferred sentence, that’s more formal and it’s done with the court and court’s approval. What is a deferred sentence? That is essentially…..

What is a Deferred Sentence in Oklahoma Courts? Read Post »

Tulsa traffic ticket attorney

When You Don't Need a Lawyer for Your Speeding Ticket in Oklahoma

So, first off, if you get a speeding ticket, first thing we want to find out is, are you a CDL holder? Do you have a commercial driver’s license? If you do, you’re going to want to have an attorney, because even for minor infractions, even ones that wouldn’t cause a regular driver to have problems, even ones that wouldn’t cause it to be reported to their insurance, it does get reported if it’s a CDL, and it can cause big problems, not just for you and your license, but for your employer and your employer’s insurance.

When You Don't Need a Lawyer for Your Speeding Ticket in Oklahoma Read Post »

What is The Maximum Marriage Length for Annulment in Oklahoma?

Regardless of how long you’ve been married, there’s no red line on it. There’s no definitive determination based on that. So when can you get an annulment? It’s not about how long you’ve been married, it’s about the circumstances leading into the marriage. Did one of the parties lack capacity to get married? Was there a fraudulent inducement into the marriage? You have to have facts like that in order to be eligible for an annulment.

What is The Maximum Marriage Length for Annulment in Oklahoma? Read Post »

Tulsa attorneys

Consummation of a Marriage & Annulment: Does It Matter?

A lot of people think as long as the marriage hasn’t been consummated, that you’re eligible to get an annulment. That as long as you don’t do that, no matter how long you’ve been there in the marriage, you can go ahead and file for that annulment, that that’s the main factor that judges look at or that the law requires, and unfortunately I’m here to tell you it’s not. It doesn’t matter. It’s somewhat irrelevant.

Consummation of a Marriage & Annulment: Does It Matter? Read Post »

Oklahoma criminal justice reform

Did You Accidentally Get Married at H&R Block, Without Knowing It?

Common law marriage exists and is live and well in Oklahoma. So how do you enter into one? Sometimes it’s very simple. Basically what the law says is that you have to have an agreement to be married and you have to cohabitate. There’s no specific amount of time you have to be cohabitating, and the agreement doesn’t have to be written down or anything.

Did You Accidentally Get Married at H&R Block, Without Knowing It? Read Post »

3 Most Common Destination Weddings Seen by Oklahoma Divorce Attorneys

If you’re a divorce attorney, you need to file a divorce petition, which we do frequently, one of the things we have to list on there is the county of the marriage. So we get to see who’s having destination weddings. And it’s interesting to see what type of destination weddings come into our office and what we file. So what do you think the most common destination is? I’m about to tell you

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Does Oklahoma Recognize Common Law Marriage?

Once you are common law married, like I said, if you want to undo that, you can’t just do a common law divorce, that doesn’t exist. You have to go through a regular dissolution of marriage process. That can sometimes be complicated when people don’t do that. Because a lot of times, the more complicated cases we see, they’ve entered into a common law marriage sometimes without knowing it, sometimes with knowing it. They didn’t dissolve it, they got into other relationships, they have other kids.

Does Oklahoma Recognize Common Law Marriage? Read Post »

Tulsa attorneys

The Facts Behind Emergency Custody for Potential Coronavirus Exposure in Oklahoma

So there’s been this one order going around on social media where actually a tribal judge here in Oklahoma purportedly granted a change in custody on an emergency basis without hearing from the other side primarily because the parent was working in the healthcare industry and could have been exposed to the Coronavirus. There was no specific information that, that person was exposed. The allegations were based just on the line of work. And the post goes on and talks about that at 10 o’clock, “Law enforcement showed up at my house and forcibly removed my child and gave it to dad just because I work in the healthcare industry.”

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Does Covid-19 Affect If Oklahoma Law Offices Are Open? Are Lawyers Essential?

Are lawyers essential? Do we really need them? I’m Tulsa attorney James Wirth and I’m about to talk to you about the executive order and whether law firms are going to remain open. So Governor Kevin Stitt in Oklahoma on March 24th 2020, entered an executive order that ordered the closing of all non-essential business. Are law firms essential, are lawyers essential, are they going to remain open during this time period?

Does Covid-19 Affect If Oklahoma Law Offices Are Open? Are Lawyers Essential? Read Post »

How to Get Personal Belongs Back If Kicked Out Due to an Oklahoma P.O?

If a protective order is filed against you by a household member, you can be immediately ordered out of the house before you even get to talk to the judge or have a hearing over it. It can happen immediately. If all of your properties in the house, how do you get that? Okay, well, the law does provide a mechanism to do that. When the protective order is served on you by the Sheriff’s deputy, ask the deputy for an opportunity to grab some property from the house. They should escort you into the house to get clothes and other personal belongings. They’re not going to let you start packing up furniture or anything crazy. They’ll give you a few minutes to get personal belongings

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