Oklahoma Courts
Understanding how Oklahoma courts work is essential when facing legal matters that affect your family, finances, or future. Whether dealing with divorce, child support, or property disputes, knowing your rights and the court’s role can make a significant difference. For those navigating these challenges, having clear information about the court system provides peace of mind and better prepares you for what lies ahead. If you want trusted guidance, a Tulsa attorney can help you understand the process and protect your interests.
When legal issues arise, the right support can simplify complex court procedures. The Wirth Law Office offers experienced representation to guide you through Oklahoma’s legal system with confidence. If you need legal help, call Wirth Law Office at (918) 879-1681. For personalized assistance, reach out to a skilled Tulsa attorney who understands your situation and works to achieve the best possible outcome.
Oklahoma Prosecution Deadline
Brian Carter from Wirth Law Office explains that a defendant cannot be prosecuted if the statute of limitations has expired. However, related crimes for which the statute of limitations is still valid can still be prosecuted. If charges are filed after the statute of limitations has run, the defense can argue for dismissal based on this expiration, leading the court to typically dismiss the charges. Read more »What Are Allen Hearings?
An Allen hearing in criminal law is a procedure to determine if discovery is complete. Discovery is the process by which evidence and information are obtained from the state, involving stages such as preliminary discovery, which includes items like police reports and affidavits. Additional materials like pictures or videos may be supplemented later. By law, discovery must be completed at least 10 days before trial. During an Allen hearing, the court assesses whether both sides have exchanged all necessary information. This ensures both parties are prepared for trial, and any missing information may prompt further court orders. Read more »What are Jackson-Denno Hearings?
A Jackson-Denno hearing is conducted in felony cases post-preliminary hearing to assess the admissibility of a defendant's confession. The court examines whether the confession was made voluntarily and without coercion. Factors considered include language barriers, intoxication, and any threats or promises made by law enforcement. The purpose is to ensure the confession was made knowingly and is valid for use in court. This process helps determine if the defendant fully understood the situation when confessing. If issues with the confession's validity are identified during the hearing, the confession may be deemed inadmissible. Read more »What are Frye-Cooper Hearings in OK?
A Frye-Cooper hearing is used in felony cases to ensure the defendant's constitutional rights are protected by confirming effective legal counsel. This hearing occurs after the preliminary hearing when preparing for trial at the district court level. The judge evaluates whether there have been successful negotiations between the defense and the state for a plea arrangement, which could involve dismissal, a deferred sentence, or jail time. The goal is to ensure defendants are aware of their rights and the plea offers available, preventing them from missing favorable deals, and confirming good faith negotiations without infringing on Sixth Amendment rights. Read more »Calculate Your Oklahoma Court Deadline
When faced with a summons in Oklahoma, understanding the timeline to file a response of pleading is crucial. According to Oklahoma law, specifically Title 12, Section 2006, the first day of the event is not counted when calculating the 20-day response period; only subsequent days are included. If the final day falls on a weekend or holiday when the court is closed, the deadline extends to the next open day. For deadlines under 11 days, non-business days are excluded completely. It's important to note these rules apply to civil cases, distinct from criminal proceedings, each governed by different statutes. Read more »Delay Could Cost You in Court
In the realm of criminal law, knowing when to hire an attorney can make all the difference. A seasoned attorney stresses the importance of engaging legal counsel as early as possible, barring minor misdemeanors that one might manage independently. With an attorney's guidance, clients benefit from their understanding of the law, relationship with the prosecutor, and familiarity with the judge. Compelling evidence from real cases shows the severe, unforeseen consequences individuals face when they navigate the legal process alone. Hiring an attorney equates to avoiding costly mistakes and securing a knowledgeable partner to ensure every aspect of the case is understood and strategically handled. Read more »Why Victims Must Attend Court
Appearing in court as a victim of an alleged crime holds critical importance in the legal process. In cases where the victim is the sole witness, their presence and testimony can mean the difference between the case proceeding or being dismissed. This is especially true in felony cases, such as assault and battery. If the victim fails to appear, the prosecution may be left without sufficient evidence, leading to a dismissal of charges. While exceptions exist, such as additional evidence or witnesses, the victim’s participation is often pivotal. Understanding the stakes can ensure justice is served and the legal process functions effectively. 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 »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 »What to Do If You're Running Late to Court: Essential Tips!
Running late to court can be stressful, but there are steps you can take to mitigate the situation. Carl Birkhead, an attorney with Wirth Law Office in Tulsa, shares essential advice for when life throws you a curveball. First, if you anticipate being late, promptly inform your attorney’s office or the court clerk. This communication allows your lawyer to update the judge, potentially preventing a warrant for your arrest. Courts may take a warrant under advisement if you've shown reliability in the past. Consistent communication is key. For more guidance on navigating court proceedings, reach out to Wirth Law Office. Read more »Oklahoma Service by Publication: Timeline, Costs & Legal Steps
In Oklahoma, service by publication is a method used when traditional means of serving a lawsuit, like via a process server or certified mail, are unsuccessful. As outlined in Title 12, Section 2004(C)(3), service by publication must appear in a legally approved newspaper in the relevant county once a week for three consecutive weeks. The process typically takes a minimum of 41 days from the first publication date. Costs vary by newspaper, generally ranging from $60 to $120. For detailed guidance or legal advice, consulting a qualified attorney is recommended. Visit MakeLawEasy.com to schedule a consultation. Read more »Default Judgment Steps When Ignored: Oklahoma Legal Insights
Dealing with a non-responsive defendant in Oklahoma can be challenging, but the law offers solutions. When traditional service methods like process servers, the sheriff's office, or certified mail fail, you can seek court permission for service by publication. Once served, defendants typically have 20 days to respond, or 41 days from the first publication date. Failure to respond places them in default, allowing you to request a default judgment. While some judges may sign off on this directly, others might require a motion or hearing. It's crucial to consult with an attorney to navigate these processes effectively. Visit makelaweasy.com for legal assistance. Read more »Courtroom Best Practices: Respecting Rules and Procedures
Are you heading to court and you're not sure what the rules are for how to behave or what the procedures are for your particular case? My name is Carl Birkhead. I'm an attorney with Wirth Law Office. I've been doing family and criminal law for about seven years and I want to help you to make law easy by giving you some advice about the do's and don'ts of courtroom practice. The rules and procedures of the courtroom are pretty straightforward regardless of where you are. You stand up when the judge enters the room. Oftentimes, you'll hear the sheriff's deputy or the bailiff or some attorney yell, All rise. Everyone stands up. Judge takes the stand, and says, Take your seats. Everybody gets to sit back down. Don't wear any ball caps in the courtroom. That's a rule in any courthouse I've ever been to. Don't wear your ball caps in the courtroom. It's just a matter of respect. Same thing with no flashing gang signs or rude or derogatory gestures. I had one docket where I saw someone just flipping the bird to everyone they saw and he was already in an orange jumpsuit. The judge just, instead of letting him have his hearing that day, had the bailiff escort him back to the jail because if he was going to be disrespectful, he got to go sit in jail. He didn't get to have his day in court that day. Every courthouse is going to have its little quirks. Some are going to say, no cell phones in the courtroom. Some are going to say, just keep your cell phones on vibrate in the courtroom. Some are going to say, no talking in the courtroom. Some are going to say, no loud talking in the courtroom. You really shouldn't be talking at all, but at the very least, be respectful of the fact that this is serious business going on in court. If you need to have a chat with your buddy, go outside in the hall and have that chat. One of the big rules I see a lot of people get in trouble for is if, let's say your brother Joe is there for a criminal case and he's being held in custody, you can't talk to Joe whenever they bring him in. You can be there for moral support just like, I'm here for you, but you can't say, I'm here for you. You can't say, hey Joe, and you absolutely can't be giving advice. I saw somebody get escorted out of court once because they kept yelling to their friend or their family member who was being held in custody what to do, what to say. They kept trying to interrupt and talk to the judge. Do not interrupt and talk to the judge in any situation. That's something for lawyers to do. That's something for unrepresented pro se parties to do. That's not something for you to do on behalf of your best buddy. It all comes down to respect. It all comes down to just basic common sense and respect that you have to be able to show the court at all times. If you're not sure what to do, or if you think you might need some help guiding you through this process, give us a call. My name is Carl Birkhead. I'm with Wirth Law Office, and I'm here to help you to make law easy. Read more »Courtroom Best Practices: Managing Evidence and Documents Effectively
Do you have court coming up and you're not sure how to handle the documents and evidence? Attorney Carl Birkhead from Wirth Law Firm has some advice for you. It's crucial to make sure your attorney has all the evidence ahead of time, so you can go through it, make copies, and ensure everything is ready for court. Clean, unaltered copies are key, and originals are always preferred, especially for notarized documents. Avoid marking up or altering evidence, as it could be deemed tainted and not admissible. Trust the experts at Wirth Law Firm to guide you through your legal proceedings. Contact us for assistance today. Read more »Courtroom Best Practices: Stay Alert During Court Proceedings
In the courtroom, paying attention is crucial. As an attorney with seven years of experience, I've seen clients miss important details or even implicate themselves by not listening closely. Whether you're there for a trial or a procedural matter, stay focused. Take notes, ask questions, and communicate with your attorney. Your life is at stake, so make sure the facts add up. If something doesn't seem right, speak up. We're here to help you navigate the legal process, but we need you to be an active participant. Don't let distractions like phones or daydreaming derail your case. Stay present, stay engaged, and stay informed. Read more »Courtroom Best Practices: Navigating Confusion in Court
In the midst of a legal battle, it can be overwhelming to try to understand all the complexities of the courtroom. Attorney Carl Birkhead of Wirth Law Office shares some tips on how to navigate through a confusing situation. Whether it's bringing a notepad to jot down questions or simply talking to your lawyer, communication is key. Carl recounts a case where a client misunderstood the terms of his plea, resulting in unforeseen consequences years later. Don't hesitate to ask questions and seek clarification - it could make all the difference in your case. Let Carl and his team help make law easy for you. Read more »Courtroom Best Practices: Stay Calm and Collected
Are you in the middle of a very emotional and intense case and you're not sure how to handle yourself in court? My name is Carl Birkhead, an attorney with Wirth Law Office, specializing in family and criminal law. Today, I want to talk about keeping your cool in court, especially in emotionally charged situations. It's crucial to remain calm, rational, and articulate during testimony. I recently had a client freeze on the stand due to the gravity of losing parental rights. While it's normal to be emotional, it's essential to prepare with your attorney and seek support to ensure you can present yourself effectively in court. Remember, it's okay to feel, but it's crucial to stay composed during proceedings. If you need help preparing for court, don't hesitate to reach out. I'm here to help you navigate the legal process with ease. Read more »Courtroom Best Practices: Speaking To The Judge
Navigating the courtroom can be intimidating, especially when addressing a judge directly. In my years of practicing law, I've seen clients struggle with knowing when and how to speak to the judge. Remember to always address the judge as your honor and answer questions directly, without providing unnecessary information. Consulting with your attorney before speaking to the judge is crucial to avoid any missteps that could harm your case. If you find yourself in need of guidance before heading to court, don't hesitate to reach out for a free initial strategy session. Let's work together to make the legal process as easy as possible. Read more »Courtroom Best Practices: Testimony Tips
Are you feeling nervous about taking the stand in court? Don't worry, I'm here to help. I'm Carl Birkhead, a criminal and family attorney at Wirth Law Office in Oklahoma. When testifying, it's important to speak clearly and make sure your testimony is accurately recorded by the court reporter. I learned the hard way about the importance of speaking slowly and waiting for questions to be fully asked before responding. If you're ever unsure, your attorney can guide you through the process and ensure your story is heard. Remember, we're here to make the legal process easier for you. Don't hesitate to reach out if you have any questions. Read more »Courtroom Best Practices: Courtroom Behavior
Are you going to court and unsure how to behave? Attorney Carl Birkhead shares some do's and don'ts for courtroom behavior. Your non-verbal cues are just as important as what you say. Maintaining respect and composure is crucial, even in emotional situations. Carl recommends using a notepad to jot down frustrations instead of making faces at the other side. This simple tip can help you earn the court's respect and improve your chances of winning your case. Remember, proper behavior in court can make a big difference. Contact Carl at Wirth Law Office for more helpful advice on navigating the legal system. Read more »Courtroom Best Practices: What To Bring To Court
Are you heading to court and you're not sure what you should or shouldn't bring? My name is Carl Birkhead. I'm with Wirth Law Office and I want to try to help make law easy by helping you figure out how to navigate the court system and your role in it. Today I want to talk about what should you or should not bring to court. A lot of these videos in this series are going to be something that might seem like common sense, but honestly, it's a little bit more complicated than that. The obvious ones, don't bring guns, don't bring knives, don't bring incendiary devices or drugs or anything like that into the courthouse. That's not going to get you very far. You can bring your phone, and keep it silenced. You can bring your purse, your wallet, things like that. Just make sure that there's nothing dangerous in any purse or handbag that you're bringing. What you really need to be focused on bringing is whatever your attorney has told you will be helpful in court. I've had a lot of cases where I've told my clients, I need you to bring printouts of screenshots of text messages. I had a case a couple of years ago where I really needed a client to bring proof that certain deeds for land that he had purchased had been recorded with the county clerk. Didn't bring it, couldn't get it to me ahead of time, and didn't bring it with me to court. It made my job a lot more difficult trying to get through that particular hearing. Just check in with your attorney. If you've got court coming up, let's say you've got court coming up next Monday, by the Wednesday before that, touch base. Hey, I have court coming up. Do I need to bring anything? Is there anything that I need to be aware of? Is there anything that I need to say? That will really guide you better than anything else. But if you're unsure and you haven't gotten real clear advice or let's say you've got court tomorrow morning and it's 9.45 the night before court, obviously you can't call your lawyer and ask. If something comes to you where you're thinking, maybe I should have brought that up, just think to yourself, is it relevant to the case? If it is relevant to the case, how is it relevant to the case? And if it's relevant and you think that it's going to be beneficial, go ahead and bring it. I tell my clients all the time, that it's better to have it and not need it than it is to need it and not have it. We want to make sure that you are as equipped as possible to get the result that you're going for. Your attorney is going to do everything that they can to make sure that they're prepared on their end, but make sure that you are checking in and following their advice on what you need to bring on your end to make sure that you are absolutely prepared. If you have any questions about what to do to get ready for court or what to bring to court, please feel free to give us a call. My name is Carl Birkhead with Wirth Law Office and I'm here to make law easy. Thank you. Read more »Courtroom Best Practices: How To Address Court Staff
Are you heading to court and not sure how to act? As an attorney with Wirth Law Office in Oklahoma, I've got some tips to share. When addressing court staff, it's important to know your audience. Use Yes, your honor when speaking to the judge and be formal and polite with others using Mr. or Mrs. Last Name. If you're unsure, ask your attorney for guidance. It's easy to get caught up in the formalities, but being respectful and professional will go a long way in court. Remember, we're here to help you navigate the legal system and make law easy. Give us a call if you have any questions. Read more »
