Wirth Law Office - Tulsa Tulsa Attorney Blog

  • Oklahoma Foster Parents Rights are the Law

    By James M. Wirth, Esq., January 29th, 2016

    Oklahoma foster parents rights

    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.

  • Feds Knowingly Distributed Child Porn in 2015 Sting Operation

    By James M. Wirth, Esq., January 28th, 2016

    Tulsa entrapment attorney

    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.

  • Constitutional Tensions Strain Oklahoma Courts

    By James M. Wirth, Esq., January 25th, 2016

    Oklahoma court of criminal appeals

    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.

  • Polygraph Testimony Admitted as Evidence in Federal Case

    By James M. Wirth, Esq., January 12th, 2016

    Tulsa polygraph attorney

    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 […]

  • No New Rules Sought for Breathalyzer Tests in Oklahoma

    By James M. Wirth, Esq., January 7th, 2016

    Oklahoma DUI charges

    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 […]

  • Oklahoma Supreme Court Again Trumps Court of Criminal Appeals

    By James M. Wirth, Esq., December 16th, 2015

    Oklahoma courts bifurcated system

    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 Eyes Drug Overdose Good Samaritan Law

    By James M. Wirth, Esq., December 15th, 2015

    Oklahoma overdose Good Samaritan law

    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.

  • Tulsa Jail Death Case in the News

    By staff, December 3rd, 2015

    Tulsa jail injury lawyer

    News on 6 had some questions for Wirth Law Office concerning the death of a man in confined to the Tulsa County jail.

  • Oklahoma Court Strikes Breathalyzer in DUI Drivers License Revocation

    By James M. Wirth, Esq., December 1st, 2015

    Oklahoma DUI Drivers License Revocation

    The Oklahoma Supreme Court has been asked to review a case that could stop DUI drivers license revocations in Oklahoma until the Board of Tests for Alcohol and Drug Influence promulgates rules related to calibration of the Intoxilyzer 8000 breathalyzer.

  • Plea Bargains in Oklahoma: Can Prosecutors Hide Exculpatory Evidence?

    By James M. Wirth, Esq., November 20th, 2015

    plea bargains in Oklahoma

    U.S. Appellate courts have handed down mixed opinions about the right of defendants to inspect exculpatory evidence during plea negotiations. The Brady rule otherwise entitles defendants to inspect exculpatory evidence before going to trial. The 10th Circuit, which includes Oklahoma, says the Brady rule does extend to plea negotiations. A West Virginia state court opinion summarized nationwide jurisprudence related to the Brady rule during plea negotiations.

  • Tulsa Asset Forfeiture Attorney in the News

    By staff, November 16th, 2015

    Tulsa Oklahoma asset forfeiture lawyer

    Reform of asset forfeiture laws in Oklahoma is not moving as quickly as federal reforms, but a recent property forfeiture reform bill could change that. Tulsa asset forfeiture attorney James Wirth discussed the bill with a Fox23 investigative reporter.

  • Oklahoma Cop’s DNA Transfer Defense Exposes Flaws in Touch DNA Evidence

    By James M. Wirth, Esq., November 13th, 2015

    forensic evidence attorney in Tulsa Oklahoma

    Shreds of Evidence Are Not Always Reliable A defense attorney representing an Oklahoma City police officer facing six counts of first-degree rape told jurors a woman’s DNA found inside the officer’s pants is not evidence that he raped her. “It’s transfer DNA,” the attorney argued in the November, 2015 trial of Daniel Holtzclaw. Whether the […]

  • Why You Need a Good Oklahoma Defense Attorney

    By James M. Wirth, Esq., November 4th, 2015

    tulsa oklahoma criminal defense attorney

    Although a good Oklahoma criminal defense attorney can sometimes turn the tables on steamroller prosecution, effective criminal defense requires preparation and resources. Take a look at how capital defense attorneys in Virginia brought executions to a near standstill after criminal defense teams got the resources required to provide proper representation.

  • Oklahoma Criminal Law: Evidence Stacks Up Against Forensic Evidence

    By James M. Wirth, Esq., October 13th, 2015

    Tulsa Oklahoma forensic evidence attorneyy

    Forensic experts at a Texas crime lab are walking back claims that DNA evidence singled out defendants with 1-in-a-million certainty. It is part of a pattern of errors, lies, neglect, conflicts of interest and exaggeration among forensic labs nationwide. Criminal defense attorneys in Oklahoma must challenge misplaced trust in forensic evidence.

  • Court Revokes Oklahoma Protective Order Issued by County Judge

    By James M. Wirth, Esq., October 6th, 2015

    Tulsa protective order defense attorney

    An Oklahoma appeals court said a district court abused its discretion in a protective order involving threats alleged during an international online chat. The appeals court said district courts must consider whether an allegation indicates a credible threat before granting an order of protection from domestic abuse. The decision suggests attorneys for protective order defense in Oklahoma can rely on the state’s appeals courts to carefully review lower courts that rubber stamp petitions for domestic restraining orders.

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