More Charges Filed in Rogers County Scandal
New charges filed against a current and a former Rogers County Commissioner mirror allegations leveled in a citizens grand jury petition.
Legislature Reforms Oklahoma Mandatory Minimum Sentences
Criminal defense attorneys in Tulsa will have new opportunities to argue for probation or alternative sentences under new Oklahoma mandatory minimum sentence reforms.
Legislature Reforms Oklahoma Mandatory Minimum Sentences Read Post »
What Does Obstructing an Officer Mean in Tulsa Oklahoma?
Some criticism of police is protected speech, yet contempt of cop cases are often masked as disorderly conduct, resisting, and obstructing an officer charges. In Houston v. Hill, the Supreme Court said a man who shouted at police “pick on someone my size” engaged in protected First Amendment speech.
What Does Obstructing an Officer Mean in Tulsa Oklahoma? Read Post »
Free To Go? Oklahoma Court Decides Consent to Search Case
In an unpublished consent to search case, the Oklahoma Court of Criminal Appeals decided a man did not voluntarily consent to a search after police blocked the sidewalk where he was walking. Citing Florida v. Royer, the appellate judges said it was the State’s burden to show “clear and convincing” proof that the search was consensual.
Free To Go? Oklahoma Court Decides Consent to Search Case Read Post »
Two Second Rule Simulator for Oklahoma Drivers
Tulsa traffic ticket attorney posted this following distance animated simulator to demonstrate what the two second rule for safe following distance looks like in highway driving conditions.
Oklahoma Court Affirms Life Sentence in Error Ridden Hit and Run Case
The Oklahoma Court of Criminal Appeals acknowledged there were errors in the trial that sent Joey Lynn Smith to prison for life after a hit-and-run accident. The errors the court acknowledged – and others errors the Oklahoma criminal defense attorneys alleged on appeal – are only part of the story. For a hit-and-run case, the prosecution essentially argued an assault and battery with a deadly weapon case.
Oklahoma Court Affirms Life Sentence in Error Ridden Hit and Run Case Read Post »
Appeals Court Details Oklahoma Rules of Statutory Construction
Tulsa law firms can use the Court of Criminal Appeals decision in State ex rel Pruitt v Steidley as a handy cheat sheet for rules of statutory construction, Oklahoma style. The court summarized Oklahoma case law as it applies to interpreting statutes that otherwise might lead to contrary or ambiguous conclusions.
Appeals Court Details Oklahoma Rules of Statutory Construction Read Post »
Wirth Law Exposé Led to End of Oklahoma Parenting Time Penalty
Oklahoma Dept. of Human Services child support calculations financially penalized some non-custodial parents for spending time with their children until this Tulsa law firm exposed practice in blog posts and letter to Oklahoma news outlets.
Wirth Law Exposé Led to End of Oklahoma Parenting Time Penalty Read Post »
Oklahoma Appeals Court Does U-Turn on Tailgating Law
An Oklahoma Court of Criminal Appeals tailgating opinion gives police a basis to stop almost any driver on suspicion of following too closely. The opinion is an abrupt reversal of an opposite decision just 19 months earlier that had said a two-second rule for following too closely does not provide police an objective basis for reasonable suspicion. A Tulsa traffic ticket lawyer explains…
Oklahoma Appeals Court Does U-Turn on Tailgating Law Read Post »
Former Rogers County Commissioner Charged With 2011 Embezzlement
The former Rogers County Commissioner who filed a libel suit against critics over a petition that asked a grand jury to investigate embezzlement allegations has been charged with embezzlement. A Claremore detective who circulated the petition was among those who first investigated the embezzlement allegations — two years before the citizens’ petition sought a grand jury investigation.
Former Rogers County Commissioner Charged With 2011 Embezzlement Read Post »
10th Circuit Reverses Oklahoma Constructive Possession Conviction
A driver convicted on federal charges of possession of a controlled substance with intent to distribute won his freedom back when the U.S. Court of Appeals for the 10th Circuit overturned the conviction. The April 22, 2015 decision said a jury could infer guilt based on arguments that the man knew his passenger was carrying 14 bricks of marijuana and about an ounce of methamphetamine in a duffel bag. Yet the evidence was insufficient, the court said, to find guilt beyond reasonable doubt.
10th Circuit Reverses Oklahoma Constructive Possession Conviction Read Post »
Police Cannot Delay Drivers While Waiting for Drug Dogs
Police nationwide may not delay drivers longer than it takes to conduct the usual business of a traffic stop unless they have reasonable suspicion that the vehicle might contain illegal contraband, according to a new U.S. Supreme Court decision. Defense lawyers will now be able to challenge the lack of reasonable suspicion if police held a driver on a mere hunch or based on some form of criminal profile.
Police Cannot Delay Drivers While Waiting for Drug Dogs Read Post »
Two Tulsa Lawyers Bring 40 Years Experience to Wirth Law Office
Wirth Law Office announces the addition of Tulsa attorneys Tracey E. Persons and Randall K. Gause to our team of zealous legal practitioners. Ms. Persons represents clients in family and criminal law matters. Mr. Gause will provide expedited service in our personal injury division.
Two Tulsa Lawyers Bring 40 Years Experience to Wirth Law Office Read Post »
Oklahoma Juvenile Certification Case Raises 8th Amendment Questions
The Oklahoma Court of Criminal Appeals decided in a March 20, 2015 opinion that adults charged for crimes committed in their youth must be tried and sentenced as adults. Recent Supreme Court decisions, however, suggest youthful status is related to the age and mental status of youth at the time of their crimes.
Oklahoma Juvenile Certification Case Raises 8th Amendment Questions Read Post »
Oklahoma Town Dismisses Dozens of Distracted Driving Traffic Tickets
Oklahoma law allows police to write a full time and attention to driving traffic ticket only when a distracted driver poses a specific danger or is involved in an accident. Police in Durant had cited drivers for such dubious distractions as eating a hamburger while driving and for having a dog in the front seat.
Oklahoma Town Dismisses Dozens of Distracted Driving Traffic Tickets Read Post »
Fake Cell Tower Technology Lets Cops Avoid Judicial Oversight
Secret Technology Flouts Wiretap Laws “‘Inhibiting law enforcement’s rights are second to protecting mine!’ (Florida Circuit Court Judge Frank) Sheffield thundered, gesturing with both hands and fixing his gaze on the prosecutor.” That is how the Washington Post described a Florida judge’s response to a prosecutor who tried to deny a defendant information about sophisticated
Fake Cell Tower Technology Lets Cops Avoid Judicial Oversight Read Post »
Did an Oklahoma Court Authorize Traffic Stops on Anonymous Tips?
Can a police officer stop a vehicle based on an anonymous tip, then use evidence from the traffic stop to build a criminal case? The U.S. Supreme Court recently said yes, sometimes.
Did an Oklahoma Court Authorize Traffic Stops on Anonymous Tips? Read Post »
10th Circuit Says No Rounding For Age of Consent Law
Days Count in Statutory Rape Age Differences How would you interpret a statutory rape law that permits sexual contact between an 18 year old and someone four years younger? Does it mean an 18 year old and a 14 year old, or someone born within 48 months of the day the 18 year old was born? The United States Court of
10th Circuit Says No Rounding For Age of Consent Law Read Post »
Oklahoma Court Erodes Confrontation Clause Shield Against Hearsay
An Oklahoma court has decided a defendant does not have the right to confront authors of a list that tracks cold pill purchases used as evidence in criminal trials. The decision chips away at a constitutional protection known as the confrontation clause. The confrontation clauses of the Oklahoma Constitution and United States Constitution alike afford
Oklahoma Court Erodes Confrontation Clause Shield Against Hearsay Read Post »
Oklahoma Courts Post 1000's of Social Security Numbers Online
Basic Internet Safety Measures Overlooked A Wirth Law Office investigation has revealed that Oklahoma district courts routinely include Social Security numbers, drivers license numbers and birth dates in court records posted online. We launched the investigation after members of the public contacted our office with concerns about how courts use sensitive personal data. The investigation
Oklahoma Courts Post 1000's of Social Security Numbers Online Read Post »
Governor Stacks Oklahoma Parole Board with Cops, Prosecutors
The start of a new gubernatorial term in Oklahoma means another opportunity for the governor to appoint three members of the Oklahoma Pardon and Parole Board. Gov. Mary Fallin took the opportunity to further stack the board with retired cops and former prosecutors.
Governor Stacks Oklahoma Parole Board with Cops, Prosecutors Read Post »
Overdoses Increase as Oklahoma Cracks Down on Methamphetamine
Users call it go fast. Police and Oklahoma lawmakers call it a scourge. Whatever you call it, despite a decade of intensive legal battles, meth use in Oklahoma seems to be going nowhere but up. For some users though, the only place they go fast is down. Go down as in go to prison or,
Overdoses Increase as Oklahoma Cracks Down on Methamphetamine Read Post »
Criminal Court Sides With Civil Court on Oklahoma Sex Offender Registration – Sort Of
In State v. Hurt, the Oklahoma Court of Criminal Appeals affirmed a Tulsa District Court ruling that Oklahoma Sex Offenders Registration Act from 2004 and 2007 could not be enforced retroactively. The court said the legislature did not intend the amendments to apply retroactively.
Criminal Court Sides With Civil Court on Oklahoma Sex Offender Registration – Sort Of Read Post »
Can a Mother Demand a Paternity Test of a Biological Father in Oklahoma Before a Child is Born?
A Tulsa child custody lawyerexplains how a mother can compel an alleged father to undergo a court-ordered paternity test by filing a petition to establish paternity even before a child is born.
Can a Mother Demand a Paternity Test of a Biological Father in Oklahoma Before a Child is Born? Read Post »
Can a Biological Father File a Petition to Establish Paternity in Oklahoma Before a Child is Born?
Prompt Actions Help In Contested Paternity News of a pregnancy can be a cause for great joy, and at the same time may trigger deep anxiety. One source of anxiety prior to the birth of a child involves acknowledgement of paternity and contesting paternity. A petition to establish paternity filed in an Oklahoma court can
Can a Biological Father File a Petition to Establish Paternity in Oklahoma Before a Child is Born? Read Post »
