Oklahoma’s childrens code defines specific rights of foster parents, including the right to information necessary for providing proper care, the right to be notified before a child is relocated and the right to be heard in a judicial proceeding if a foster parent objects to relocation of a foster child. A Tulsa foster parents attorney helps foster families exercise their rights.
Oklahoma Foster Parents Rights are the Law Read Post »
In controversial sting operations, federal agents have twice in recent years hosted child porn Websites seized during criminal investigations. Analysts say it is a new tactic for federal agents who have previously argued children are exploited any time the child pornography is viewed.
Feds Knowingly Distributed Child Porn in 2015 Sting Operation Read Post »
Two top courts in Oklahoma’s bifurcated court system have published contrary opinions about whether criminal court deadlines include weekends or holidays. The Oklahoma Court of Criminal Appeals maintains a legislative mandate requires it to include count all calendar days in deadlines, even if the court is closed on a day of a deadline. The Oklahoma Supreme Court earlier published an opinion declaring its business-day rules govern some criminal court deadline procedures.
Constitutional Tensions Strain Oklahoma Courts Read Post »
10th Circuit Carves Out Lie Detector Exception True or false? Lie detector tests are not admissible in criminal court. Standard wisdom holds that polygraph test are never admissible in Oklahoma criminal trials. There is more to it. Let’s try another question. True or false? Results of polygraph tests may not be admitted as evidence of
Polygraph Testimony Admitted as Evidence in Federal Case Read Post »
Tests Director Responds to Appeals Court Case The Oklahoma Board of Tests of Alcohol and Drug Influence will probably not seek emergency rules for approval of reference materials used in DUI breathalyzers throughout Oklahoma. The director of the state agency has declined to recommend emergency rule making in the wake of a November, 2015 decision
No New Rules Sought for Breathalyzer Tests in Oklahoma Read Post »
Jurisdictional conflict erupted again in Oklahoma’s bifurcated court system when the top civil court ruled in a matter emerging from a criminal case. The matter involved how deadlines are computed when a litigant appeals a motion to disqualify a judge.
Oklahoma Supreme Court Again Trumps Court of Criminal Appeals Read Post »
Oklahoma might soon join a rapidly growing number of states that have adopted medical amnesty laws to protect people who call for assistance when someone is suffering a drug overdose. Dubbed Good Samaritan laws, the measures exempt people who call for help from prosecution when small amounts of drugs or drug paraphernalia are found at the scene of an overdose emergency.
Oklahoma Eyes Drug Overdose Good Samaritan Law Read Post »
News on 6 had some questions for Wirth Law Office concerning the death of a man in confined to the Tulsa County jail.
Tulsa Jail Death Case in the News Read Post »
The Oklahoma Supreme Court has been asked to review a case that could stop DUI drivers license revocations in Oklahoma until the Board of Tests for Alcohol and Drug Influence promulgates rules related to calibration of the Intoxilyzer 8000 breathalyzer.
Oklahoma Court Strikes Breathalyzer in DUI Drivers License Revocation Read Post »
U.S. Appellate courts have handed down mixed opinions about the right of defendants to inspect exculpatory evidence during plea negotiations. The Brady rule otherwise entitles defendants to inspect exculpatory evidence before going to trial. The 10th Circuit, which includes Oklahoma, says the Brady rule does extend to plea negotiations. A West Virginia state court opinion summarized nationwide jurisprudence related to the Brady rule during plea negotiations.
Plea Bargains in Oklahoma: Can Prosecutors Hide Exculpatory Evidence? Read Post »
Reform of asset forfeiture laws in Oklahoma is not moving as quickly as federal reforms, but a recent property forfeiture reform bill could change that. Tulsa asset forfeiture attorney James Wirth discussed the bill with a Fox23 investigative reporter.
Tulsa Asset Forfeiture Attorney in the News Read Post »
Shreds of Evidence Are Not Always Reliable A defense attorney representing an Oklahoma City police officer facing six counts of first-degree rape told jurors a woman’s DNA found inside the officer’s pants is not evidence that he raped her. “It’s transfer DNA,” the attorney argued in the November, 2015 trial of Daniel Holtzclaw. Whether the
Oklahoma Cop's DNA Transfer Defense Exposes Flaws in Touch DNA Evidence Read Post »
Although a good Oklahoma criminal defense attorney can sometimes turn the tables on steamroller prosecution, effective criminal defense requires preparation and resources. Take a look at how capital defense attorneys in Virginia brought executions to a near standstill after criminal defense teams got the resources required to provide proper representation.
Why You Need a Good Oklahoma Defense Attorney Read Post »
Forensic experts at a Texas crime lab are walking back claims that DNA evidence singled out defendants with 1-in-a-million certainty. It is part of a pattern of errors, lies, neglect, conflicts of interest and exaggeration among forensic labs nationwide. Criminal defense attorneys in Oklahoma must challenge misplaced trust in forensic evidence.
Oklahoma Criminal Law: Evidence Stacks Up Against Forensic Evidence Read Post »
An Oklahoma appeals court said a district court abused its discretion in a protective order involving threats alleged during an international online chat. The appeals court said district courts must consider whether an allegation indicates a credible threat before granting an order of protection from domestic abuse. The decision suggests attorneys for protective order defense in Oklahoma can rely on the state’s appeals courts to carefully review lower courts that rubber stamp petitions for domestic restraining orders.
Court Revokes Oklahoma Protective Order Issued by County Judge Read Post »
Tulsa County Sheriff Stanley Glanz is one of more than a dozen Oklahoma law enforcement officers charged with crimes in 2015. Other officers were charged with assault and battery against suspects, sex crimes involving minors and drunken driving. A Tulsa criminal defense attorney compiled this list.
Police Officers Arrested in Oklahoma More Often Than You Might Think Read Post »
A Wirth Law Office Tulsa family law client talks about his experience at a family law hearing where he was represented by Tulsa child custody lawyer James Wirth.
Client Review: Child Custody Lawyer in Tulsa Read Post »
The Oklahoma Court of Criminal Appeals refusal to suppress evidence of resisting arrest during an illegal traffic stop removes an important deterrent to police misconduct. The court said people may reasonably resist illegal arrest but may not lawfully resist illegal detention. A Tulsa defense attorney says people often have no way of knowing whether they are illegally detained or illegally arrested.
Oklahoma Court Finds No Right to Resist Illegal Detention Read Post »
Are some teen’s selfies illegal? Laws that criminalize children for having their own pictures on their cell phones might not pass strict scrutiny for limits on free speech. The question arises from a North Carolina case where teens where charged with felonies for their naked selfies. A Tulsa criminal lawyer says It could happen in Oklahoma, too.
Possession of Selfies Convictions Highlight Overly Broad Child Pornography Laws Read Post »
The Oklahoma Supreme Court struck down part of the drug dealer liability law that created broad market share liability for distributors of illegal drugs. Tulsa injury attorneys may still file claims against drug dealers whose activities can be tied to individuals named in a drug dealer liability lawsuit.
Court Overturns Part of Oklahoma Drug Dealer Liability Act Read Post »
Before you contact the Oklahoma child support collection agency, you may do well to contact an Tulsa child support attorney to explore your options.
Oklahoma Child Support Collection Agency Offers August Amnesty Read Post »
New charges filed against a current and a former Rogers County Commissioner mirror allegations leveled in a citizens grand jury petition.
More Charges Filed in Rogers County Scandal Read Post »
Criminal defense attorneys in Tulsa will have new opportunities to argue for probation or alternative sentences under new Oklahoma mandatory minimum sentence reforms.
Legislature Reforms Oklahoma Mandatory Minimum Sentences Read Post »
Some criticism of police is protected speech, yet contempt of cop cases are often masked as disorderly conduct, resisting, and obstructing an officer charges. In Houston v. Hill, the Supreme Court said a man who shouted at police “pick on someone my size” engaged in protected First Amendment speech.
What Does Obstructing an Officer Mean in Tulsa Oklahoma? Read Post »
In an unpublished consent to search case, the Oklahoma Court of Criminal Appeals decided a man did not voluntarily consent to a search after police blocked the sidewalk where he was walking. Citing Florida v. Royer, the appellate judges said it was the State’s burden to show “clear and convincing” proof that the search was consensual.
Free To Go? Oklahoma Court Decides Consent to Search Case Read Post »
