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paternity determination lawyer in Oklahoma

The Best Time for a Father to Complete a Paternity Case Is When the Parents Are Getting Along!

In this blog post, Oklahoma lawyer James Wirth discusses the best time for a father to complete a paternity case. He emphasizes that the ideal time is when both parents are getting along. Wirth explains that many fathers reach out to lawyers when they are facing difficulties in their relationship with the mother. However, if the parents start getting along better, they may question the need for a costly court process. Wirth advises that even if things are going well, it is important to complete the case to establish enforceable rights and have a court order in place. He encourages readers to seek legal advice for their specific circumstances and provides information on how to schedule a consultation with his office.

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Tulsa criminal defense attorney in oklahoma

OCCA "Clarifies" How People Representing Themselves Will Be Treated. (M-2023-356).

In this blog post, Tulsa Attorney James Wirth discusses a recent clarification by the Oklahoma Court of Criminal Appeals regarding how people representing themselves will be treated in court. The case in question involved a person appealing traffic tickets and seeking guidance on court procedures. The court’s response stated that individuals representing themselves will be held to the same standards as licensed attorneys, emphasizing the importance of legal knowledge and experience. Wirth highlights the challenges faced by pro se litigants and advises seeking legal help and advice if considering self-representation. To schedule a consultation with his office, readers are directed to visit MakeLawEasy.com.

OCCA "Clarifies" How People Representing Themselves Will Be Treated. (M-2023-356). Read Post »

Tulsa Attorney

Tulsa Attorney James Wirth’s Interview with KTUL 8 about Oklahoma Mother’s Case Delayed by McGirt

The case involves an Oklahoma mother seeking justice for her five-year-old daughter, who was a victim of a shocking incident perpetrated by a 13-year-old boy. Despite the suspect’s voluntary confession, the case encountered significant delays due to the McGirt v Oklahoma ruling, leading to a transfer of jurisdiction to Muscogee Creek Nation.

Tulsa Attorney James Wirth’s Interview with KTUL 8 about Oklahoma Mother’s Case Delayed by McGirt Read Post »

Tulsa drug crime attorney

The Legal Dangers of Fentanyl Laced Meth in Oklahoma

In Oklahoma, the legal consequences of possessing fentanyl-laced meth can range from misdemeanors to life imprisonment. Tulsa attorney James Wirth explores this topic and sheds light on the state’s laws surrounding drug possession and trafficking. While simple possession of meth is a misdemeanor carrying a maximum sentence of one year, possession of a certain amount can result in trafficking charges, regardless of intent to sell or distribute. The presence of fentanyl makes the situation even more serious, with just one gram of a fentanyl-laced substance qualifying as trafficking. Possessing five grams or more could lead to aggravated trafficking and potential life imprisonment. Wirth emphasizes the importance of seeking legal counsel in such cases to fully understand the potential consequences.

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criminal defense in Oklahoma

Can Oklahoma Prosecute Indians for Crimes Against Non-Indians on the Reservation?

In a recent decision by the Oklahoma Court of Criminal Appeals, the question of whether Oklahoma can prosecute Indians for crimes against non-Indians on tribal territory has arisen. The court’s majority opinion, based on the United States Supreme Court decision of Castro-Horta, suggests that the state may retain jurisdiction to prosecute an Indian for a crime against a non-Indian. However, this argument lacks authority and does not make much sense. The dissenting opinion argues that allowing the state to advance this novel theory of concurrent jurisdiction over Indians in Indian country would be injurious to tribal sovereignty. Currently, the answer to whether Oklahoma can prosecute Indians for crimes against non-Indians on reservation land remains uncertain, but legal analysis suggests that it is likely preempted. To obtain specific legal advice regarding your circumstances, it is recommended to consult with an attorney.

Can Oklahoma Prosecute Indians for Crimes Against Non-Indians on the Reservation? Read Post »

criminal defense attorney in Tulsa, OK

OCCA Finds Peoria Tribe Reservation was Disestablished Then Re-established

In a recent case, the Oklahoma Court of Criminal Appeals determined that the Peoria tribe reservation was disestablished but later reestablished, and it remains intact today. The court relied on the precedent set by the United States Supreme Court in McGirt to make this determination. The Peoria reservation was created by treaty in 1867 but was terminated in 1956. However, Congress later reversed its policy and reinstated tribal sovereignty through the Reinstatement Act of 1978. The court concluded that the reservation was fully restored by the language of this act, and therefore, the state of Oklahoma lacks jurisdiction to prosecute crimes committed by Indians in the Peoria reservation. For specific legal advice on tribal sovereignty or criminal offenses in Oklahoma, it is advised to consult an attorney.

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court attorney in Tulsa, Oklahoma

McGirt: OCCA Ottawa Tribe Reservation Was Disestablished & Then Reestablished.

In a recent case, the Oklahoma Court of Criminal Appeals ruled that the Ottawa tribe reservation, which was disestablished in 1956, was then reestablished in 1978 and remains intact today. This decision stems from the landmark McGirt decision, which found that the Muscogee Creek Nation reservation was never disestablished. Now, the state of Oklahoma lacks jurisdiction to prosecute Native Americans for crimes committed within tribal reservations. The court examined the tribal history and determined that the 1978 Reinstatement Act fully restored the Ottawa tribe’s sovereignty and rights. This means that crimes allegedly committed by Indians on Ottawa Nation territory must be prosecuted in tribal or federal court. For more information on how the McGirt decision may impact your case, schedule a confidential consultation with Tulsa Attorney James Wirth at MakeLawEasy.com.

McGirt: OCCA Ottawa Tribe Reservation Was Disestablished & Then Reestablished. Read Post »

grandparents attorney in Oklahoma

Do Grandparents Have Visitation Rights in Oklahoma?

Grandparents do not automatically have visitation rights in Oklahoma. The court considers multiple factors before determining if grandparents have a right to visitation with their grandchild. One of those factors is whether or not there is an intact nuclear family. In Oklahoma, a nuclear family is defined as a family where a mother and father, or both parents present at birth, are married. If the family is disrupted due to divorce, separation, annulment, death, or incarceration of a parent, the court may consider granting visitation rights to grandparents. Additionally, the court will consider if the child’s best interests are served by granting visitation and if the parents are unfit. If you have questions about grandparents’ rights in Oklahoma, contact Oklahoma Attorney Lindsay McDowell at makelaweasy.com.

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