Tulsa Attorney BlogCategory: Criminal Law

172 Articles:

• What is a DOC Sentence in an Oklahoma Criminal Case?

  By Staff, May 1st, 2020

  DOC, we’re talking about jail time or we’re talking about jail time in the penitentiary. If the sentence is over a year, then you’re looking at doing penitentiary time. If it’s under a year on a misdemeanor, it could be county time. But, that usually comes up either pursuant to a plea deal in order to avoid a larger sentence. Sometimes a plea deal to avoid the death penalty. It’s a blind plea and you get sentenced by the judge, without a plea agreement from the state for jail time or you go to jury trial and the default on jury trial when the jury recommends punishment and says 10 years, you don’t really get the option for 10 years deferred, 10 years to spend in the jail. When the jury says 10 years, it means 10 years in, which is 10 years DOC time. That’s the way that that works. As far as DOC time.

• What is a Suspended Sentence in Oklahoma?

  By Staff, April 28th, 2020

  So it’s similar in some respects to the deferred because you’re on probation for a period of time and you stay out of jail. But the main difference is with the suspended sentence, you get a conviction. So you work out a plea deal with the state, or maybe you do a blind plea and it gets sentenced by the judge. Either case, if you get a suspended sentence, from that moment that you’re sentenced, you are guilty of that offense and you have it on your record. So, if it’s a misdemeanor, you’ve got a misdemeanor conviction. If it’s a felony, now you’re a convicted felon if you weren’t before.

• Does a Protective Order Take My Gun Rights Away In Oklahoma?

  By Staff, March 19th, 2020

  Tulsa Attorney James Wirth explains how a protective order can take away your gun rights. If that protective order is granted, your Second Amendment rights are gone at that moment that that protective order is served upon you. The sheriff will probably take those guns out of your household, or you’ll have to give those to a third party because it will be illegal for you to possess them while the protective order is in place, and that’s under federal law.

• Oklahoma Child Abuse Case Dismissed

  By Staff, February 18th, 2020

  Tulsa Attorney Justin Mosteller with the Wirth Law Office reports good news for a client of ours. Thankfully, Justin was able to get a case dismissed that has been really weighing on us as a firm because our client was very clearly innocent of the charges.

• Reclassified Oklahoma Felonies Can Be Expunged Within 30 Days

  By James M. Wirth, Esq., October 30th, 2019

  Starting Nov. 1, non-violent offenses previously classified as felonies can be expunged as misdemeanors, regardless prior convictions or other pending charges. The only statutory requirement for fast track expungements are full payment of restitution and completion of any court-ordered treatment programs. Convictions are eligible for expungement 30 days after completion of a sentence.

• Oklahoma Justice Reforms Spell Reduced Sentences for Thousands

  By James M. Wirth, Esq., October 29th, 2019

  Incarceration for Oklahoma probation violation on most felony drug possession or low-dollar property crimes are now limited to one year. Justice reforms approved in 2019 also mean inmates passed over in Oklahoma’s historic November mass commutation are likewise eligible for consideration in light of new laws under the state’s usual commutation process.

• Examining Driving with a Suspended License in Tulsa

  By Staff, October 8th, 2019

  Sometimes, it is easy to forget that a driver’s license is a privilege, not a right. When a license is suspended or revoked, it is difficult to halt our daily driving habits—but if you continue driving with a suspended license, you could face trouble in Tulsa, Oklahoma. Reasons for a Suspended License Your driver’s license may […]

• What is Child Sexual Abuse in Oklahoma?

  By Staff, October 8th, 2019

  Child sexual abuse in Oklahoma. We hear about it in the papers and on the news. We know the victims. Maybe we have been a victim. All jurisdictions have laws prohibiting it, including Tulsa County. In fact, Oklahoma has several laws prohibiting child sexual abuse. There is some overlap among these laws, allowing prosecutors a […]

• Child Abuse in Oklahoma is a Serious Crime

  By Staff, October 8th, 2019

  Child abuse in Oklahoma comes in differing forms: physical abuse, mental abuse, sexual abuse, and neglect. All of these forms of child abuse are against the law in Tulsa, and all have serious consequences. Child Abuse in Oklahoma Defined In Oklahoma, child abuse is defined as harming or threatening harm to a child’s health, safety, or […]

• What is Contributing to the Delinquency of a Minor in Oklahoma?

  By Staff, October 8th, 2019

  Adults sometimes lead children toward a path involving criminal activity. In Tulsa, Oklahoma, depending on the circumstances, contributing to the delinquency of a minor can be a serious crime with serious consequences. You Can Go to Jail if Convicted The long and short of it is that if you could go to jail if convicted of contributing […]