Tulsa Attorney BlogCategory: Criminal Law

416 Articles:

• The United States Supreme Sets Conference Date for Wallace Case (State v. Parish)

  By James M. Wirth, Esq., December 16th, 2021

  McGirt basically redefined what is Indian country in Oklahoma by finding that the Muscogee Creek Nation had never been disestablished.

• State v. Castro-Huerta: McGirt Issue Back Before the US Supreme Court

  By Staff, December 15th, 2021

  State v. Victor Castro-Huerta is the case where the defendant was sentenced to 35 years in state court for a relatively serious crime.

• OCCA Approves Indian Status for Defendant Who Obtained Tribal Membership in Response to McGirt

  By Staff, November 30th, 2021

  It was undisputed that the crime occurred in Indian territory, so the question came down to whether he qualifies as an Indian.

• McGirt: US Attorney’s Office Only Indicts in 10% of Cases Referred for Prosecution by Tulsa County

  By Staff, November 10th, 2021

  Normally if it’s a more serious offense it would go to the Feds, generally speaking, if it’s a lesser offense it would go to the Tribes.

• McGirt Victim Impact Report Lays Out Risk of Prosecution After McGirt Dismissal

  By Staff, November 9th, 2021

  If your case has been vacated and is being submitted for prosecution, what’s the risk that it gets picked up by a different agency.

• City of Tulsa & Owasso Seek to Overturn McGirt

  By Staff, October 29th, 2021

  McGirt Impacts Oklahoma Video Transcribed: City of Tulsa and Owasso seek to overturn McGirt. I’m McGirt attorney James Wirth, and that’s what we’re talking about, a new amicus curiae brief that has been filed in the United States Supreme Court where the city of Tulsa and the city of Owasso actually filed together jointly requesting […]

• Does McGirt Apply to the Quapaw Nation Reservation? Was the Quapaw Reservation Disestablished?

  By Staff, October 28th, 2021

  The Quapaw Nation Reservation is now recognized, pursuant to the highest criminal court in the state of Oklahoma.

• What is Considered Child Abuse in Oklahoma?

  By Staff, September 28th, 2021

  The Legal Definition of Child Abuse in Oklahoma Child abuse is an incendiary topic. When we hear about it, our first instinct is to find the culprit and lock them away to prevent it from happening again. Sometimes, this leads to unfounded allegations that are made in haste and without evidentiary support. We must be […]

• What is Child Sexual Exploitation in Oklahoma Law?

  By Staff, September 28th, 2021

  Child Sexual Exploitation Defined Child sexual exploitation is a form of child abuse that is sexual in nature. Oklahoma law expressly forbids it. All child abuse is treated harshly in Oklahoma. Prison terms can be stiff. This is especially so with child sexual exploitation. Here is what you need to understand about the crime and […]

• What Assets Can Be Seized in Forfeiture in Oklahoma?

  By Staff, September 24th, 2021

  Most of the asset forfeiture cases in Oklahoma deal with the Dangerous and Controlled Substances Act, essentially drugs, illegal drugs.