Criminal Law
Facing criminal charges can be overwhelming and confusing. Understanding your rights and the complexities of criminal law is essential to protect your future. Whether you are dealing with minor offenses or serious accusations, having a knowledgeable advocate can make a critical difference. For those seeking trusted guidance, a Tulsa criminal law attorney can help clarify the legal process and outline your options.
If you need legal help, call Wirth Law Office at (918) 879-1681. The experienced Tulsa attorney team at Wirth Law Office understands the stakes involved and works diligently to build a strong defense tailored to your case. Early and effective legal support can reduce uncertainty and protect your rights under Oklahoma law.
Crucial Arrest Actions in Oklahoma
Brian Carter from Wirth Law Office discusses key actions to take when arrested. He emphasizes the importance of exercising the right to remain silent and consulting an attorney. Carter advises against speaking to law enforcement or consenting to vehicle or property searches, recommending that individuals insist law enforcement obtain a warrant. He clarifies that refusal to consent to searches or provide statements does not constitute probable cause for arrest. The focus is on upholding one's rights and ensuring law enforcement follows proper procedures, as outlined in legal standards such as Okla. Stat. tit. 21 § 843.1. Read more »Your Bail or Bond Simplified
This blog post by Brian Carter from the Wirth Law Office discusses the factors influencing the calculation of bail in criminal cases. Bail is intended to ensure a defendant's court appearance and is often predetermined by the jurisdiction. Factors affecting bail amounts include the severity of the crime, criminal history, flight risk, public safety risk, and community ties. A defendant's family connections and employment status can influence their perceived flight risk. Additionally, defendants may request bail reduction under certain procedures, typically requiring legal consultation. Read more »Self-Defense Shootings in Oklahoma
Brian Carter from Wirth Law Office discusses steps to take after a self-defense shooting. He advises calling 911 if possible and refraining from making statements to law enforcement upon their arrival. Requesting a shock blanket, water, and hospital transport is recommended as individuals may be in shock. It's important to inform officers that a legal counsel will be contacted and a statement will be made later. Read more »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 »Misdemeanors Versus Felonies in Oklahoma
The blog post by Brian Carter from the Wirth Law Office explains the statute of limitations in Oklahoma for misdemeanors and felonies. Misdemeanors have a three-year limitation, while most felonies have a five-year limitation. Exceptions include murder and child sex crimes. The statute can be suspended if the defendant is out of state, cannot be located, or in cases involving minors, where it may not begin until age 18. For fraud or financial crimes, the statute commences upon discovering the crime. Read more »Your Arraignment Mistake
Brian Carter from the Wirth Law Office discusses a key point for defendants at an arraignment: avoiding the temptation to plead their case directly to the judge. Doing so may result in self-incrimination and create witnesses against the defendant, particularly with the prosecutor present. Instead, if a defendant intends to enter a not guilty plea, it is advisable to either proceed with that plea or request additional time to obtain legal counsel. This approach helps safeguard the defendant's rights and ensures they do not inadvertently compromise their position in the legal process. 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 »Criminal Law Proffer Hearings in OK
A proffer in a criminal case involves an attorney formally presenting evidence or testimony to the court, despite its inadmissibility at the time, to ensure certain details are documented for the record. This is often done to preserve the right to appeal based on what was not allowed during the initial proceedings. For instance, in a felony case, an attorney may propose a rebuttal witness to challenge the prosecution's evidence. If the court denies the witness, making a proffer ensures the evidence is recorded, potentially aiding in future appeals. This procedural step ensures the appellate court can review the trial court’s decision. Read more »Talking To the Police: Legal Tips
The blog post by Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, discusses the importance of understanding what to say—or not say—when interacting with law enforcement. Birkhead highlights common mistakes made by individuals when they voluntarily provide information to police, which can complicate their legal defense. He shares examples from cases where clients made confessions that limited his ability to argue effectively on their behalf. The post emphasizes the value of remaining silent and requesting legal representation when questioned, noting that anything said can be used in court as outlined in Miranda rights. Read more »Courtroom Guide | Preliminary Hearings | Witness Prep
Navigating the complexities of preliminary hearings can be challenging, particularly when wanting to call a witness for your defense. In Tulsa County, the process differs from other regions. Typically, after the state presents its case, the defense may call rebuttal witnesses. However, local courts sometimes restrict direct testimony from defense witnesses. Recently, in a case where the defense aimed to question an alleged victim whose account had evolved over time, the court did not allow direct examination. Instead, an offer of proof was made, a vital step for appeals. This underscores the importance of strategic preparation to ensure all potential testimony is documented. Read more »Criminal Case: Plea Deal Regrets
Navigating legal decisions can be daunting, especially after concluding a criminal case and second-guessing a plea agreement. Legal expert Carl Birkhead shares crucial insights on the critical 10-day window to withdraw a plea in criminal cases, emphasizing the inflexible nature of this deadline. According to statute and case law, once a plea is entered, there is a firm 10-day duration to request its withdrawal in court. Missing this window even slightly results in irrevocable consequences. Weekend and holiday extensions are considered, but beyond that, extensions are rare. The decision to plead should be carefully evaluated to avoid regret and rushed motions. Read more »Courtroom Exceptions: Hearsay Part 5
Exploring the nuances of hearsay exceptions, this discussion delves into when these statements can be deemed admissible in court. A hearsay statement is typically made outside the courtroom and offered for its truth, which can complicate its admissibility. However, there are notable exceptions: statements reflecting an individual's reputation within a community and regularly kept public records. These scenarios allow hearsay to be introduced as evidence, demonstrating consistent practices or revealing information about public records' reliability. Understanding these exceptions enables a clearer navigation of legal processes, highlighting the importance of context and legal expertise in evidentiary matters. Read more »Courtroom Exceptions: Hearsay Part 4
Hearsay exceptions can determine the admissibility of statements in court. A hearsay statement is made outside the courtroom and offered within it for its truth, provided the person who made it isn't testifying. Statements made outside can be repeated if the speaker is on the stand, but others' words aren't permissible if they're absent. Exceptions arise, such as when a detailed record of events exists. For example, a witness might document a crime in writing or through recordings. Such evidence can revive faded memories and may be read out loud or even admitted if opposing parties deem it significant. Read more »Are All of Your Past Charges Public Domain?
Discovering how to access someone else's criminal record in Oklahoma is simpler than one might think. Although sealed or expunged records remain out of reach, most public criminal records are accessible through the Oklahoma Supreme Court Network at oscn.net. By visiting the case search section and inputting relevant details such as the individual's first and last name, users can sift through cases across all counties. However, caution is advised, as common names might yield numerous unrelated results. Additional identifiers, like middle names or birth dates, can aid in narrowing the search to ensure accuracy in identifying the correct person. Read more »Accepting a Plea Offer: Things to Know
Navigating the complexities of plea offers can be challenging, especially when facing overwhelming evidence against you. It's crucial to heed your attorney's advice, as they possess insights into the legal landscape that may not be immediately apparent. A recent case illustrates this point well. A client, initially convinced of their ability to win at trial, rejected a favorable plea deal. Despite the overwhelming evidence, they proceeded, only to face nearly double the initial offer after losing at the preliminary hearing. Trusting your attorney's judgment in such situations can sometimes be the best course of action to minimize potential consequences. Read more »Planning Perjury? Think Again
In this discussion, the risks of planning to lie on the stand are explored. Lying on the stand, known as perjury, is a criminal offense. If a client reveals their intention to lie, the attorney is ethically bound to prevent it or expose it, impacting the case negatively. The example of a divorce case is used, where failing to disclose the truth leads to potential disclosure by the attorney in court, highlighting the serious consequences of dishonesty. Attorney-client confidentiality does not protect plans of perjury, due to the lawyer's duty to uphold honesty and integrity in legal proceedings. Read more »Lying to Your Lawyer? Bad Idea
Should you tell your lawyer the truth even if you're guilty? It's crucial to be transparent with your attorney, though the approach may vary depending on the circumstances. In criminal cases, sharing every detail might inadvertently limit the defense strategy. By focusing solely on the allegations and the evidence presented by the state, the defense has more flexibility to explore different avenues without the constraints of the client's admission of guilt. It's advised to honestly answer every question posed by the lawyer, but refrain from volunteering extra information unless explicitly asked. The balance between honesty and discretion is key in effective legal representation. Read more »Attorney vs. Prosecutor: How They Communicate
Navigating communication with a prosecutor is crucial, especially when legal representation is involved. If an individual has secured an attorney, it becomes imperative that any dialogue with the prosecutor is conducted through their legal counsel. This protocol safeguards the person's Fifth Amendment rights, preventing self-incrimination. Direct interaction with a prosecutor without an attorney's mediation can inadvertently lead to unfavorable admissions that might harm their legal standing. In instances where a prosecutor attempts direct contact, the advised response is to politely decline the discussion and redirect them to one's attorney. This approach ensures legal protection and upholds the confidentiality of client-attorney interactions. Read more »Don't Plea Alone, Call a Lawyer
Pleas can present complexities beyond the straightforward terms offered by the prosecution. A crucial part of navigating this landscape is understanding that an attorney can heavily influence the outcome of plea negotiations. While accepting the first plea might seem appealing for its simplicity, it often requires forfeiting important legal rights. An attorney helps evaluate whether the standard offer truly reflects the best outcome, or if there are opportunities to reduce restrictions or enhance terms. By analyzing case strengths and weaknesses, legal professionals aim to secure more favorable deals rather than just accepting initial offers without scrutiny. 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 »Sealing vs. Expunging Juvenile Records
The excerpt discusses the key distinctions between sealing and expunging criminal records, with a particular focus on how these processes apply broadly, not just to juvenile cases. Sealing a record means it still exists within the court's files and can be accessed by attorneys or involved parties, but is not available to the general public, preserving the record for background checks. Expungement, conversely, completely removes the case from public record, deleting it from court files and background checks. Full expungement even eliminates any arrest record. The recommendation is clear: when possible, choose expungement for the most comprehensive erasure. Read more »Your Lawyer, Your Choice
Navigating the legal landscape can be challenging, but understanding the right to counsel is crucial. In instances where one has privately hired an attorney, it's typically possible to change legal representation if dissatisfaction arises. While most courts allow attorney changes, exceptions exist, especially near critical trial dates. The court might refuse a change if it risks delaying proceedings. It's important to remember that not every attorney-client relationship is effective, and finding the right match is essential. Still, switching attorneys frequently can raise red flags in court. Therefore, exercising this right judiciously is advised to maintain credibility in legal proceedings. Read more »Teens and Jury Trials Explained
Juvenile defendants charged with crimes have the right to a trial by jury, even in juvenile delinquent cases. While these cases are often perceived as being tried solely in front of a judge, juveniles can indeed have a jury trial. However, the jury differs from standard juries, often comprising six adults instead of 12 peers of the same age group as the defendant. The choice between a jury trial and a bench trial should be carefully considered, with guidance from legal counsel, as it can significantly impact the case's outcome. Each situation requires weighing the pros and cons to determine the best course of action. Read more »
