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.
Guard Your Rights: Understanding Motions to Suppress
A motion to suppress in Oklahoma courts is a legal tool used in criminal cases to argue that evidence should be excluded because it was obtained through a violation of constitutional rights, such as through unreasonable search and seizure, or violations of Miranda rights. The suppression of such evidence serves to uphold citizens' rights and prevents the government from benefiting from legal violations. If evidence is suppressed, the prosecution must determine whether it still has sufficient evidence to prove its case beyond a reasonable doubt. This mechanism ensures accountability for law enforcement and government agencies. Read more »Pre-Sentence Investigations: Determining Your Future
A pre-sentence investigation (PSI) is conducted before sentencing in a criminal case to determine an appropriate punishment that aligns with statutory guidelines. This investigation assesses the defendant's risk to the community, likelihood of re-offending, and the severity of the crime. It helps the court decide whether a lighter or harsher sentence is justified, potentially influencing outcomes in cases with sentencing ranges from no jail time to lengthy imprisonment. The PSI can be instrumental in achieving favorable sentencing outcomes, providing an in-depth analysis of the defendant's background and circumstances. Read more »Oklahoma Attorney Discusses Conviction Sentencing
The blog post by Carl Birkhead, an attorney at Wirth Law Office, discusses sentencing options following a criminal conviction. It outlines the potential outcomes for individuals convicted of misdemeanors or felonies, including serving time in jail or prison or receiving a suspended sentence with probation. A suspended sentence allows a person to avoid incarceration while fulfilling certain conditions such as paying fines or attending classes. Birkhead clarifies that the nature and length of the sentence depend on the severity of the crime, ranging from minor misdemeanors with short jail terms to serious felonies potentially resulting in life imprisonment. Read more »Navigating First Offense: What You Should Know
The blog post, authored by attorney Carl Birkhead from Wirth Law Office, addresses the potential consequences of a first-time criminal offense. It explains that outcomes can vary widely depending on the nature and circumstances of the alleged crime. Minor infractions such as jaywalking or public intoxication might result in a warning, while serious charges like first-degree murder could lead to jail or prison time even for first-time offenders. The post emphasizes the importance of understanding the specific facts of each case, noting that courts and attorneys examine mitigating factors when considering charges and possible negotiations. Read more »Legal Insights for Multiple Charges From Tulsa Attorney
This blog post, by attorney Carl Birkhead from Wirth Law Office, explains that multiple criminal charges can arise from a single incident. Using a hypothetical scenario, Birkhead illustrates how actions during a traffic stop, such as driving under the influence and possessing an open container, can escalate into further charges like obstruction, resisting arrest, assault and battery on an officer, and placing bodily fluids on an officer. Each action constitutes a separate offense, emphasizing how quickly legal situations can become complex. The post underscores the importance of remaining calm and cooperative during interactions with law enforcement. Read more »Working With Your Attorney: Dropping Charges
Charges can be dismissed at any stage of the legal process, from pre-filing to trial. A prosecutor may choose not to file charges after an arrest, or charges may be dropped at various hearings or even during a trial. Dismissal can occur for any reason as long as it is justified. In some cases, prosecutors may agree to dismiss charges if certain conditions aren't met, such as witness availability. Although dismissals at advanced stages are rare, they are possible. Open communication with an attorney is crucial for understanding the likelihood of dismissal, acquittal, or a favorable plea deal. Read more »Evaluating Plea Deals: Weighing The Risks
Navigating plea deals can be challenging, as each case is unique. Attorney Carl Birkhead from Wirth Law Office highlights factors affecting plea negotiations, such as the specifics of the offense and the prosecutor involved. In a recent case, his client faced multiple charges, including domestic violence, resulting in both convictions and dropped charges. Clients often compare their deals to others, questioning fairness. However, outcomes depend on individual circumstances. Weighing the risks of accepting a plea versus going to trial is crucial, as trials can lead to higher costs and potential incarceration. Understanding these dynamics can guide decisions in plea negotiations. Read more »Why Innocent People Still Need Legal Representation
The blog post discusses whether individuals charged with a crime should hire a lawyer, even if they are innocent. Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, emphasizes that having legal representation is crucial because navigating the legal system requires specialized knowledge. An example is provided of a client charged with drug trafficking due to a misunderstanding regarding residence information for a medical marijuana business license. Despite being innocent, the client faces legal challenges due to a misstatement. The attorney argues that having a lawyer can help manage legal complexities and mitigate risks, regardless of guilt or innocence. Read more »What Factors Influence Bail Amounts?
This blog post discusses the process of setting and potentially reducing bail. It explains that bail is determined based on several factors, including the severity of the crime, ranging from minor offenses to serious felonies. Factors such as the defendant's ties to the community and the risk of re-offense are crucial in setting bail. The post also highlights the importance of ensuring public safety and the defendant's likelihood of appearing in court. Conditions may be imposed, such as no contact with alleged victims, to protect society. The process can be complex, considering the presumption of guilt in bail determinations. Read more »Understanding Custody Duration and Legal Charges in Oklahoma
In Oklahoma, individuals can be held in custody typically for 24-48 hours before charges must be filed. The law prevents indefinite detention without charges, ensuring adherence to constitutional rights. However, if released without charges, individuals might still face potential charges later as authorities may need time to gather more evidence or witness statements. In cases involving medical issues, individuals might receive a medical release with instructions to appear in court once charges are filed. It is important to understand that release does not guarantee freedom from future legal action, and charges could be filed months after an initial release. Read more »Avoid This Mistake Before Court Appearances
Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, emphasizes the importance of appearing sober in court. He shares an incident where an individual attended court highly intoxicated, resulting in direct contempt and subsequent jail time. Birkhead advises managing stress without resorting to alcohol before court appearances, as such behavior demonstrates disrespect and can lead to negative consequences. He suggests avoiding alcohol entirely during the ongoing legal process to prevent complications. Maintaining sobriety is crucial for favorable outcomes in court settings. Read more »Public Oklahoma Court Case Records Websites
The blog post discusses the availability of court case information online in Oklahoma through two primary websites: OSCN (Oklahoma Supreme Court Network) and ODCR (On Demand Court Records). OSCN is noted for its user-friendly interface and is commonly used by attorneys to access case details. The types of cases available include misdemeanors, felonies, traffic citations, divorces, lawsuits, probates, and real estate disputes. Exceptions include sealed records like adoptions, guardianships, and juvenile-deprived cases. The post explains how to search for cases using names and counties, highlighting the public accessibility of legal records. Read more »Multiple Probations in Oklahoma: Legal Tips
The blog post discusses managing supervised probation across multiple counties. The author, attorney Carl Birkhead, shares insights from a case where a client missed a court hearing due to the challenges of managing appointments, classes, and tests required by drug courts in Oklahoma City and Stillwater. While the client faced the risk of a warrant, the judge recalled it, allowing her to continue her program. Birkhead emphasizes the importance of using a reliable calendar, suggesting a paper calendar to ensure all appointments and obligations are recorded effectively, thus reducing the risk of missing crucial commitments. Read more »Tips For Drug Court Success
Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, discusses the importance of avoiding new offenses while participating in a drug court program. Committing new crimes, regardless of severity, can lead to dismissal from the program. He illustrates this with a case where a client was expelled for falsely impersonating another person during a traffic stop, resulting in a felony charge under Okla. Stat. tit. 21 § 843.1. This charge negated the benefits of completing the drug court program, which might include reduced probation or charge dismissal. Birkhead emphasizes maintaining a clean record to succeed in drug court. Read more »Failing a Drug Test in Drug Court
The blog post discusses the consequences of attempting to alter drug test results in drug court. Attorney Carl Birkhead from Wirth Law Office in Tulsa explains that tampering with drug tests can lead to immediate expulsion from the program. The integrity of the testing system is crucial, and any attempt to falsify results is taken seriously. Birkhead advises that it is better to face the consequences of a positive result rather than risk the severe repercussions of manipulation. The post emphasizes the importance of honesty and compliance to avoid further legal issues. Read more »Rules of Drug Court: Attorney Advice
The blog post discusses how drug court participants can navigate the rules without being expelled for test failures. Contrary to common belief, testing positive for drugs does not automatically result in expulsion from drug court. Authorities understand that relapse can be part of recovery, and as such, a positive drug test typically results in sanctions rather than expulsion or arrest. Participants are advised to be honest about their situation and take the test as required. The article stresses the importance of staying calm and communicating openly with the court and legal representatives about any concerns related to drug testing outcomes. Read more »Stay Connected, Stay Protected
Staying in touch with your attorney is crucial for effective legal representation. Regular communication ensures you are updated on any changes and can address any questions or concerns promptly. Inconsistent contact can lead to misunderstandings or missed court appearances, potentially resulting in legal complications, like warrants. An anecdote highlights the importance of maintaining communication, as it prevented a warrant from being issued for a client who missed a court date. Consistent check-ins, whether by phone or email, help ensure both you and your attorney are prepared and informed, which is essential for a favorable legal outcome. Read more »Do Not Incriminate Yourself
Carl Birkhead, an attorney with Wirth Law Office in Tulsa, discusses the importance of being cautious with statements to avoid them being used as evidence in legal situations. He emphasizes the necessity of awareness regarding your surroundings, audience, and communication methods. Birkhead shares a case where a client's casual messages to friends, unknowingly sent to law enforcement, led to complications. He advises that written communication should always be treated as if it might be presented in court. Protecting one's statements is crucial to avoid making legal defense more challenging. Read more »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 »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 »Statute of Limitations for 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 »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 »Don't Wait: Hire a Lawyer Early
The blog post discusses the importance of hiring an attorney as soon as possible in legal cases, particularly in criminal matters. Delaying legal representation can limit an attorney's ability to assist effectively, and increase costs. The author, a lawyer with Wirth Law Office in Tulsa, Oklahoma, shares experiences where clients sought legal help too late, affecting their options and costs. For misdemeanor or felony cases, early counsel is crucial to navigate legal procedures like preliminary hearings and trial preparations. Prompt legal assistance can help resolve cases more effectively and may avoid additional expenses associated with jury trial preparations. 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 »
