Wirth Law Office - Tulsa Tulsa Attorney Blog

  • Justice Commission Targets Wrongful Convictions in Oklahoma

    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 […]

  • In Oklahoma, Excessive Force Banned as Cruel and Unusual Punishment

    Excessive force in Oklahoma jail

    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 Contempt of Court Case, An Apology Can Make A Difference

    contempt of court

    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 […]

  • Courtroom Etiquette 101: Don’t Flip Off the Judge

    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 […]

  • The Dangers of Being Unrepresented: True Story

    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 […]

  • Benefits of Just Having an Attorney

    Winning attorney

    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 […]

  • Right to Attorney Reinforced in 10th Circuit

    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 […]

  • Workers Comp Drug Test Mandate Fails Appellate Review

    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 […]

  • Oklahoma Parole Board Wins Its Own Release

    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 […]

  • Tulsa Attorney James Wirth Admitted to U.S. Supreme Court Bar

    Tulsa attorney James Wirth admitted to U.S. Supreme Court Bar

    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 […]

  • Court Strikes Portions of Oklahoma Methamphetamine Offender Registry Law

    The Oklahoma Court of Criminal Appeals this week struck down portions of a law that requires people convicted of methamphetamine-related crimes to submit their names to an Oklahoma methamphetamine offender registry. The portions of the law declared unconstitutional make it a crime for those on the registry to purchase psueduephedrine, or for anyone else to […]

  • For Criminal Defense Attorneys, Devil is in the Details

    A marijuana case decided this week in the 10th Circuit Court of Appeals emphasizes why it is important for criminal defense attorneys to carefully research witness backgrounds and recognize appellate issues even before a criminal case goes to trial. The case involves a retired truck driver facing five years in federal prison over six duffel […]

  • Workers Compensation Insurance, Personal Injury Claims Compared

    When you’re injured on the job, an employer is usually required to provide compensation for medical costs, lost wages and other costs associated with the injury. The same thing applies to work-related illnesses. In most cases, employers carry workers compensation insurance to underwrite their liability for injuries or illnesses workers incur on the job. Those […]

  • Felony Child Abuse by Injury Dismissed at Preliminary Hearing

    Today I can announce a tremendous victory achieved for a Wirth Law Office client last Thursday.   Our client was facing the possibility of life behind bars after being charged with felony child abuse by injury.  He had been held in jail unable to make a six figure bond since June.  Then last Wednesday (September 5, […]

  • Attorney-Client Privilege Violated by District Attorney?

    The Attorney-Client Privilege The attorney-client privilege allows people to disclose sensitive matters with their attorney without fear of the information being used against them.  As it is imperative that clients be truthful and forthright with their lawyer, the attorney-client privilege is a necessary tradition in the legal world.  Lawyers can be punished for violating their […]

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