Tulsa Attorney Blog
Client Review from Mary
Navigating the complexities of legal matters can be daunting, but Mary’s experience with Wirth Law Office proves that support and expertise make a difference. She began her journey feeling anxious and uncertain, but the calm and knowledgeable demeanor of attorney Brian Jackson quickly reassured her. Paralegal Kasady ensured Mary remained informed and organized throughout the process, sparing her unnecessary court visits. Brian’s skillful negotiation resulted in a favorable outcome, allowing Mary to move forward with a newfound peace. Supported by a dedicated team, Mary emerged from the ordeal feeling grateful and content, declaring, Life is pretty good now. Read more »Courtroom Exceptions: Hearsay Part 3
Understanding the intricacies of hearsay exceptions can be pivotal in legal proceedings. Hearsay, defined as any statement made outside of court offered to prove the truth of the matter asserted, often faces scrutiny for its admissibility. However, there are noteworthy exceptions, particularly surrounding medical diagnoses. Imagine encountering a scenario where someone's medical history becomes relevant, such as information shared by a driver involved in an accident about their health conditions. Statements about past or present medical conditions made for diagnosis or treatment purposes can be admitted despite hearsay rules. These exceptions serve to provide vital context and can influence case outcomes significantly. Read more »Courtroom Exceptions: Hearsay Part 2
Navigating the courtroom can be complex, especially when it comes to understanding hearsay. Hearsay is any statement made outside the courtroom that is presented inside to prove the truth of the matter asserted. Such statements are typically inadmissible; however, there are notable exceptions. For instance, statements regarding the declarant’s then-existing state of mind or physical condition can often be admitted under this exception. An example is when someone testifies about another's reported physical injuries at the scene of an accident. This type of detailed recounting is usually permissible, as it provides essential context about the person’s condition at that time. Read more »Courtroom Exceptions: Hearsay Part 1
In the realm of legal proceedings, hearsay—an out-of-court statement offered to prove the truth of the matter asserted—is typically inadmissible. However, there are notable exceptions to this rule. Consider a scenario where a witness arrives at a car accident scene. Statements like “There’s blood everywhere!” might be permissible in court under the present sense impression exception, as they depict an immediate condition. Similarly, an exclamatory remark such as “Oh my god, I almost killed you!” could qualify as an excited utterance or a statement against interest. These examples underscore the nuanced exceptions allowing hearsay in courtroom settings. Read more »Oklahoma Attorney's Quick Guide to Hearsay
Hearsay involves an out-of-court statement made by someone, known as a declarant, presented in court to establish the truth of the statement. For instance, if someone in court states, “Their mother told me they slapped her,” it is considered hearsay since it was said outside of court and is being used as evidence. Under Oklahoma's evidence rules, such statements are inadmissible unless they satisfy a particular exception. The hearsay rule exists to safeguard the constitutional right to confront and cross-examine witnesses. Common pitfalls occur when clients inadvertently mention statements made by others, which are swiftly objected to for being hearsay. Read more »Deferred Sentencing in Oklahoma
Navigating a deferred sentence in Oklahoma can be complex as the rules have evolved over the years. Understanding how long a deferred sentence can last is crucial when facing prosecution. Prior to 2010, the maximum term was five years, it increased to ten years between 2010 and 2018, and since November 1, 2018, it has been reduced to a maximum of seven years. This type of sentencing offers the potential to have a case dismissed if probation is completed successfully, but it's important to assess the strategic implications, especially when restitution is involved. Balancing sentence length with financial and personal objectives is key. Read more »What the State Has To Prove in Criminal Case
In the realm of criminal law, understanding the elements of a crime is crucial. Each offense is typically broken down into two primary components: mens rea and actus reus. Mens rea refers to the mental intent or state behind the alleged crime, highlighting the accused's intentional and premeditated decision to commit the act. Actus reus, conversely, represents the tangible conduct that constitutes the criminal offense, such as the action of pulling a trigger or using a weapon. Evaluating a criminal case involves analyzing both elements against the case facts to determine alignment with legal statutes. Read more »Probation in Oklahoma Explained
Probation offers an alternative to incarceration, allowing individuals to remain in the community under certain conditions. It requires meeting specific obligations, such as regular check-ins with a probation officer, avoiding legal trouble, and adhering to court-imposed rules. Conditions may also include counseling, educational courses, or random drug and alcohol testing, varying based on the initial offense and local legal expectations. Minor traffic offenses might not violate probation, but this depends on various factors, including jurisdiction and original charges. Violating these conditions can lead to revocation or acceleration of the sentence, potentially resulting in serving time. Read more »When Co-Parenting Gets Petty
Navigating the complexities of Oklahoma family law, particularly regarding a child's introduction to new romantic partners, requires careful consideration. Often, custody agreements may include clauses about overnight guests or the introduction of significant others. If no such provisions exist, there might not be specific restrictions unless the matter returns to court. Key focus remains on the child's best interest, with courts scrutinizing the stability and safety of both partners involved. When visitation rights are challenged, filing a motion to enforce is a legal recourse, underscoring the necessity of having an enforceable order. Consulting a local attorney is advisable for tailored guidance. Read more »Guilty Plea vs. No Contest Plea in OK
Understanding the nuances between a guilty plea and a no-contest plea is crucial for anyone facing criminal charges. Though they may appear similar at first, these pleas carry significant differences that can impact one's legal standing. A guilty plea involves an admission of committing the crime, which can be pivotal in both criminal and subsequent civil cases as it acknowledges responsibility. Conversely, a no-contest plea, or nolo contendere, involves not contesting the charges without admitting guilt, acknowledging the prosecution's potential for conviction. This option may help shield against civil liabilities, despite still resulting in a conviction for sentencing purposes. Choosing wisely can affect future legal outcomes. Read more »Can You Claim Self-Defense if You Started It?
Can you use self-defense as a defense if you started the fight? Initially, it seems straightforward: if you initiated the conflict, self-defense claims should be off the table. However, the law is more complicated. An initial aggressor may later become a victim if the situation escalates significantly. For instance, if an argument in a bar leads to you shoving someone and they respond by drawing a weapon, you could lawfully defend yourself if faced with a deadly threat. Self-defense must be reasonable and proportional, aiming to ensure safety rather than retaliation. Once the threat ceases, the right to use force also ends. Read more »Steps To Get Your Kid Back in OK
A father faces a troubling situation as his son is now living with his maternal grandfather, and all communication with him is being denied. The child requires urgent kidney treatment, but the mother is not authorizing the care needed, creating a potentially dangerous scenario. The appropriate response hinges on a few crucial factors. If there is an existing court order granting visitation or custody rights, immediate action including involving law enforcement may be possible. Without such an order, establishing parental rights becomes critical, potentially requiring a paternity action or filing for emergency custody if medical care is withheld. Read more »Oops, You're Still Guilty in Oklahoma
Strict liability laws can lead to a criminal conviction even without intent to commit the crime. Typically, crimes require both a mental state (mens rea) and a physical act (actus reus). However, strict liability cases dismiss the need for intent. If the act aligns with the statute, one can be charged regardless of knowledge or intent. This is often seen in possession cases, such as firearms or controlled substances, where mere possession can result in charges. An illustrative case involved a woman charged with firearm possession simply for staying in a room where a gun was found, highlighting the importance of awareness. Read more »Don’t Wait, Protect Your Son's Rights
A concerning situation emerges when a 17-year-old's ex-girlfriend claims she is pregnant but ceases all communication. This prompts a pressing question: what steps should be taken? The urgency of the matter cannot be overstated, as the possibility of adoption becomes a real threat without timely action. Legal steps such as filing a paternity action are critical, even in the absence of DNA proof. Prioritizing this legal process establishes parental rights and prevents the mother from proceeding with adoption without the father's consent. Rapid action and legal counsel are essential to safeguard the young father’s rights and ensure an appropriate outcome. Read more »Ignorance of the Law Is No Excuse in Oklahoma
The law isn't forgiving when it comes to ignorance—knowing or not, you could still face conviction. In Oklahoma, the assumption is that individuals possess a basic understanding of legal boundaries. While obscure laws may not require memorization, fundamental illegal activities like theft, drug possession, and DUI are expected to be known. Complications often arise in scenarios such as public intoxication or constructive possession of substances. For instance, being intoxicated in a car parked in a public area might lead to charges. Similarly, proximity to illegal substances could implicate you even if you were unaware. In legal matters, caution is key. Read more »Can You Undo a Divorce in Oklahoma?
Under Oklahoma law, a divorce can potentially be undone if both parties reconcile under specific conditions. According to Title 43, Section 133, a divorce decree may be vacated if both individuals file a joint petition with the court without either remarrying since the divorce. If these conditions are met, the original marriage is reinstated as if the divorce never occurred. However, this legal option requires careful consideration. Reinstating the original marriage date could affect property division, estate planning, or asset ownership. Choosing to remarry instead offers a clean slate for assets acquired post-divorce, highlighting the importance of consulting an attorney. Read more »Mens Rea vs. Actus Reus in Oklahoma
Who doesn't like building blocks? The building blocks of a crime revolve around two main components: mens rea and actus reus. Mens rea refers to the mental state, questioning whether the act was intentional, reckless, or negligent. Actus reus is the physical action itself, requiring an actual criminal act alongside intent. Simply intending to do something isn't sufficient for it to be a crime; both a guilty mind and a guilty act are necessary. Understanding both elements is crucial in determining whether an act qualifies as a crime, as missing either can mean no crime occurred. Read more »Heat of the Moment or Planned Crime?
Premeditation is a crucial factor in distinguishing between a crime of passion and premeditated murder, often determining the severity of legal charges. The difference primarily lies in intent and timing, with premeditated crimes involving some level of planning or forethought. Even a short pause or a few breaths can indicate premeditation. A crime of passion occurs in the heat of the moment, without time to cool off or contemplate actions. Whether the time involved is mere minutes or longer, the opportunity to think and still proceed with a harmful action signals premeditation, often serving as the legal dividing line between manslaughter and murder. Read more »Say No to the Plea? Watch This First!
When someone declines a state's plea offer, it raises critical questions about potential sentencing outcomes. If an individual turns down a plea deal and instead loses at trial, they can indeed face a harsher sentence. By rejecting the plea, one forfeits some control over the outcome, placing their fate in the judge or jury’s hands. For example, rejecting a plea for a reduced sentence could result in the prosecutor seeking the maximum penalty if a conviction occurs at trial. Understanding these risks is crucial, as accepting or rejecting a plea deal is a significant decision that impacts the future. Read more »Take the Deal or Fight It Out in Court?
A recent inquiry raised a crucial point: how many criminal cases ever see the inside of a courtroom for trial? Surprisingly, very few. In extensive legal experience, about 99% of cases are resolved out of court, primarily through plea agreements. Only a small fraction, about 5% to 10%, end in dismissals, while an even smaller number proceed to trial. The underlying reason is simple: predictability. Clients often choose the certainty of a plea deal over the unpredictability of a trial. The long-term implications, such as an expungement, are also key considerations. Real life favors negotiation over the dramatic flair of courtroom battles. Read more »Bias on the Bench? Legal Options in Oklahoma
Judicial conflicts of interest can significantly impact the fairness of a trial. When a judge has previously acted as a prosecutor on a case, it's a clear conflict that can taint impartiality. This situation arose when a judge, formerly a prosecutor in a client's case, was appointed over the same case. Fortunately, the judge recused himself, recognizing the bias risk. However, not all conflicts are straightforward; sometimes, personal connections may exist without an obvious conflict. Judges typically disclose such ties, allowing attorneys to request recusal if necessary. Procedures like Rule 15 are in place to address these concerns and ensure justice. Read more »Civil Liability Isn’t Criminal Guilt
The possibility of being held liable in a civil lawsuit while simultaneously being found not guilty in a related criminal case is a notable aspect of the legal system. The fundamental difference lies in the burden of proof required: criminal cases demand guilt be proven beyond a reasonable doubt, with unanimous jury agreement. Civil cases, however, only require a preponderance of the evidence, meaning a jury can find liability if there's just a 51% chance of fault. This difference means someone can escape criminal conviction yet still face financial consequences in civil court. Understanding this overlap is crucial, especially in serious incidents. Read more »Bail Hearings: What You Should Know
The transcribed video explains the intricacies of bail hearings within the criminal justice system. When charged with a crime, a court typically sets a bail amount to ensure a defendant returns for trial unless the charge is particularly severe, like a quintuple homicide. Judges determine bail based on factors such as charge severity, criminal history, financial status, and flight risk. Arguments in bail hearings mirror those seen in courtroom dramas but hold real weight. A reasonable bail is intended to match the seriousness of the crime and potential flight risk. Legal professionals can advocate for adjustments in bail to ensure fairness. Read more »What Happens If You Miss Court? Part 2
In the latest installment of the series on bench warrants, the intricacies of these legal orders are further explored. A bench warrant, as explained, is issued by a judge typically when someone fails to appear in court. A recent real-world example showcased the chaos and implications of missed court dates, especially after weather-related court closures. In such scenarios, a judge might issue a bench warrant, leading to possible bond forfeiture and increased bond amounts. The takeaway emphasizes the importance of attending court appearances, communicating with legal counsel, and checking court schedules regularly to avoid complications. Read more »The Role of Evidence in Arrests
Law enforcement does not need to witness a crime being committed to arrest someone. If police had to observe every crime firsthand, arrests would be rare. Typically, officers arrive after the event — whether it's an assault, theft, or DUI. For instance, DUIs often occur with police present, but not always; reports or witness accounts can lead to arrests even at someone's home. Similarly, accusations of robbery do not require police to witness the act. Reports, eyewitness accounts, or video evidence, which are increasingly common, can suffice. In this digital age, evidence like videos can initiate legal proceedings without an officer's live observation. Read more »
