A new Oklahoma drugged-driving law set to take effect Oct. 1, 2013 may encourage prosecution of drivers who are not intoxicated. The new metabolite DUI law makes it a crime for a driver to operate a vehicle with any amount of certain drugs – or metabolites of those drugs – in the driver’s bodily fluids. […]
Under Drugged Driving Law, Unintoxicated Drivers Could Face DUI Charges Read Post »
Click here to download the full report “Tort Reform Unraveled” in a printable pdf format. When the Oklahoma Supreme Court on June 4, 2013 struck down a landmark 2009 Tort Reform bill, it reversed law spread across 10 titles and 81 sections of Oklahoma Statutes. The order did not include references to the statutes created
Oklahoma Tort Reform Unraveled: Comprehensive Reform Act of 2009 Citationized Read Post »
Click here to download the full report “Tort Reform Unraveled” in a printable pdf format. When the Oklahoma Supreme Court on June 4, 2013 struck down the Comprehensive Lawsuit Reform Act of 2009, it reversed one of the most far-reaching measures governing litigation in Oklahoma lawmaking history. For more than 3 ½ years, attorneys working
Tort Reform Unraveled: Supreme Court Reverses 2009 Tort Bill Read Post »
The U.S. Supreme Court on Monday issued a ruling that effectively allows police to routinely take DNA samples from anyone arrested on suspicion of a crime. The ruling reflects a troubling trend away from protection of privacy and respect for constitutional protection against searches and seizures. Coupled with the court’s recent indifference toward warrantless wiretaps
SCOTUS Opens Door to Expanded Reliance on DNA Evidence Read Post »
The concept of legal certainty embodies one of the most basic requirements for the rule of law. Legal philosophers and international bodies alike recognize society’s need for a predictable system of laws so that those who live under the law can regulate their conduct with certainty. Sociologists provide scientific support for the idea that individuals
In Oklahoma Felony Means Prison — Except When It Doesn't Read Post »
The National Transportation Safety Board today released a report calling for reduction of maximum blood alcohol limits for drivers from .08 to .05. The NTSB’s recommendations may find purchase among legislators looking to get tough on drunk driving. As a Tulsa personal injury attorney who represents clients seeking to recover damages in accidents caused by
Would NTSB's Lower DUI Blood Alcohol Limits Save Lives? Read Post »
The Oklahoma Senate this week voted on the final version of a bill that will dismantle the current workers compensation court system and replace it with an administrative system. Some of those who voted on the bill appeared to misunderstand both the current workers compensation system and the new system they voted on. Legislators who
Lawmakers Who Dismantled Oklahoma Workers Compensation Court Misunderstood the Law Read Post »
Efforts to reduce the number of inmates in Tulsa jail could bode well for those who have served the majority of a sentence and may be eligible for early release. Inmates detained on questionable grounds may also be due for a welcome surprise. A Sheriff’s Department spokesperson told the Tulsa World jail staff has been
Tulsa Jail Population Dips After Judge Orders 25 Inmates Released Read Post »
Wirth Law Office founder James Wirth has been appointed to serve on the Brown Mackie College Criminal Justice and Legal Studies Program Advisory Council. As a member of the college’s advisory council, Mr. Wirth will work with other advisors to provide input and advice aimed at improving and refining course offerings for criminal justice and
Wirth Law Founder Selected as Brown Mackie Program Advisor Read Post »
The Tulsa County jail is growing dangerously overcrowded. The facility has exceeded its official capacity for the past eight months. According to a report this month in the Tulsa World, the jail’s population could soon exceed official capacity by nearly 20 percent: 300 more than the 1,700 inmates the jail is designed to hold. What
An Oklahoma Debtors Prison: Tulsa Jail Overcrowded by Indebted Inmates Read Post »
Ashlie King’s talk with Tulsa identity theft attorney James Wirth didn’t make the 10:30 p.m. Newson6 broadcast. CNN explains why: “The showdown was one for the ages, with a dazzling array of airborne theatrics, jaw-dropping dunks and 3-pointers from well behind the line.” The Louisville Cardinals prevailed over the Michigan Wolverines, 82-76, to clinch the
In The News: Tulsa Identity Theft Lawyer Interview Read Post »
You might be surprised how much time some Tulsa criminal justice lawyers spend freely answering people’s questions about law. For some of us, it’s a way to let prospective clients get to know us before they retain us as their criminal defense lawyer. Many who approach us with questions are encountering the criminal justice system
News On 6 reporter Ashlei King stopped by Wirth Law Office today to talk with Tulsa attorney James Wirth about identity theft. Mr. Wirth had recently handled a case in which a person was wrongly accused of a crime after their identity was stolen. King was covering a story in which Tulsa County sheriff’s office
In the News: Tulsa Attorney Interviewed about Identity Theft Read Post »
The Problem With False Confessions If the police suspect you of a crime, don’t expect them to help you. The police are in the business of putting the bad guys in jail. But, what happens when an innocent person has been marked as “the bad guy?” It is here where knowing your rights and knowing
Avoiding Wrongful Convictions in Oklahoma: Stopping False Confessions Read Post »
After studying the currently known list of wrongful convictions in Oklahoma, the Oklahoma Justice Commission has made recommendations to help prevent further wrongful convictions. One of these areas of view, and the topic for today, is Eyewitness Identification. What’s in a Lineup? Before we can begin to discuss the recommendations of the Commission, first, we
Avoiding Wrongful Convictions in Oklahoma: Eyewitness Identification Read Post »
A commission charged by the Oklahoma Bar Association to find ways to improve reliability of criminal convictions has returned some advice for state officials. The panel identified a long list of reforms that could reduce the frequency of wrongful convictions in Oklahoma. Led by former state Attorney General Drew Edmondson the commission reviewed how false
Justice Commission Targets Wrongful Convictions in Oklahoma Read Post »
You might think it’s a well-established principle of modern law. Jailers can’t beat prisoners. Yet when jailers exert excessive force in Oklahoma, it can be difficult for the victim to recover damages. The Oklahoma Supreme Court this week stood up for the rights of citizens not to be abused in jail. The decision handed down
In Oklahoma, Excessive Force Banned as Cruel and Unusual Punishment Read Post »
A young Florida woman facing 30 days in jail on felony contempt of court charges salvaged her reputation when she tearfully apologized to a Maimi judge. The judge had ordered the woman to serve 30 days after she cursed and made an obscene gesture in his courtroom. Upon hearing her apology, the judge dropped the
In Contempt of Court Case, An Apology Can Make A Difference Read Post »
A Miami, Florida teen sentenced to 30 days in jail for contempt of court provided a text-book example of how a defendant’s indifference to courtroom etiquette can cause substantial harm to their case. It’s yet another example why defendants do best to have a criminal defense attorney represent them in courtroom procedures. The 18-year-old defendant
Courtroom Etiquette 101: Don't Flip Off the Judge Read Post »
Abraham Lincoln had it right when he stated, “He who represents himself has a fool for a client.” Maybe the term “fool” is a bit harsh, but pro se litigants (representing themselves) almost always lack an understanding of court procedure and generally lack an understanding of the law, which can have devastating consequences in their
Some times just the fact that you have an attorney can make a positive difference in your case. This was the case in an unemployment appeal that I recently handled. I was representing a woman let go from her position at a local university. My client filed for unemployment and the human resources representative for
Shocked by an unexpected arrest, you assert your right to have an attorney represent you and remain silent. You show a police officer a card that says you don’t want to answer any questions until you talk with an attorney. The card is addressed to police, and bears the name of an attorney. Nonetheless, police
You were hurt on the job by no fault of your own. The employer’s workers compensation company demands that you take a drug test. It comes up positive for marijuana. Citing a 2011 Oklahoma law, the employer refused to pay medical costs. The 2011 law appeared to create a “zero tolerance” policy for injured Oklahoma
Workers Comp Drug Test Mandate Fails Appellate Review Read Post »
A Constitutional amendment voters approved in November will soon make it easier for thousands of Oklahomans living behind prison walls to be released on parole for non-violent offenses. At the same time, the Oklahoma parole board got a little more freedom, too. Starting in January, the governor will no longer be allowed to second-guess Oklahoma
I received notice today that I’ve been admitted to practice in the United States Supreme Court. Admission to the Bar of our nation’s highest court is a milestone and an honor for any attorney. Just as importantly, my ability to take cases to the Supreme Court provides our clients at the Wirth Law Office the
Tulsa Attorney James Wirth Admitted to U.S. Supreme Court Bar Read Post »
