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.

Subcategories

Can Racial Profiling be Presented as a Defense at a Criminal Trial in Oklahoma?
In the state of Oklahoma, can racial profiling be presented as a defense in a criminal case? Tulsa Lawyer James Wirth delves into this question in a recent blog post discussing a case from the Oklahoma Court of Criminal Appeals. The case, Fletcher v. State of Oklahoma, raises the issue of racial profiling and its implications for criminal prosecutions. While the defendant argued that he was racially profiled during a traffic stop, the court ultimately ruled that racial profiling is not a defense to a criminal charge. Wirth suggests seeking legal advice to navigate this complex issue if you are facing a similar situation in Oklahoma. Read more »
Is Racial Profiling Grounds to Suppress Evidence in an Oklahoma Prosecution?
In Oklahoma, the question of whether racial profiling can lead to the exclusion of evidence in a prosecution is a hotly debated topic. As attorney James Wirth explains, if a person is unlawfully detained or stopped based on their race, any evidence obtained during that stop may be deemed inadmissible in court. However, recent court rulings have shown that the exclusionary rule may not apply to cases of racial profiling or selective enforcement. This leaves individuals who have been victimized by racial bias with limited options for seeking justice. If you find yourself in this situation, it is crucial to consult with a knowledgeable attorney to explore your legal rights and options. Read more »
How Long Does It Take to Get Criminal Discovery in Oklahoma?
In this blog post excerpt, Attorney James Wirth discusses the timeline and rules for criminal discovery in the state of Oklahoma. He explains that there is a specific statute, Section 22, Section 2002, which governs when and how discovery can be requested. For felony cases, formal discovery can be requested after the district court arraignment. Misdemeanor cases allow for discovery motions to be made early on. The post also mentions Section 258 discovery, which pertains to preliminary hearing discovery. It is important to note that the state is not required to provide discovery until 10 days prior to trial, but defendants can be proactive in requesting information and asking the judge to set earlier deadlines. To schedule a consultation with Attorney Wirth, readers are directed to visit MakeLawEasy.com. Read more »
Will I Need to Be Employed in Order to Be in the Tulsa Drug Court Program?
Peter McVary: Will I need to be employed in order to be in drug court in Tulsa County? Hi, my name is Peter McVary, I’m an attorney here in Oklahoma and I want to talk to you about the drug court program in Tulsa County. The road to recovery will require at some point being […] Read more »
How Do You Proceed if There Is a Criminal Case and a Protective Order Case against You in Oklahoma?
In Oklahoma, navigating a criminal case and a protective order can be complex. As Tulsa Attorney James Wirth explains, remaining silent in the criminal case does not guarantee the same protection in the civil case. While your lawyer can present evidence and make arguments on your behalf, the opposing party can still call you to testify. If you choose to invoke your Fifth Amendment rights, the judge may view it negatively and make decisions based on that inference. To navigate this situation, it is crucial to consult with an attorney who can guide you through the process and develop a strategy that protects your rights. To schedule a consultation, visit MakeLawEasy.com. Read more »
What Happens When a Lawyer Withholds Evidence?
In this blog post, Tulsa Attorney James Wirth addresses the issue of lawyers withholding evidence and the potential consequences. He explains that in criminal cases, the state has an obligation to provide certain discovery materials to the defense, and withholding such materials could lead to a Brady violation, dismissal of the case, or suppression of evidence. However, in civil court, the other side does not have an obligation to provide evidence, so it is the responsibility of the opposing party to ensure that relevant and material evidence is entered. If the judge makes poor decisions or disallows certain evidence, the options may be limited, but there could be grounds for an appeal. Wirth encourages readers to consult with an attorney for specific legal advice and offers a way to schedule a consultation on his website, MakeLawEasy.com. Read more »
What is a Gang Related Offense in Oklahoma?
Please note that the information provided above is not legal advice. It is a general overview of a gang-related offense in Oklahoma. If you have been charged with a gang-related offense or any other offense and have specific questions, it is important to consult with an attorney who can provide you with personalized legal advice based on your unique circumstances. In Oklahoma, a gang-related offense is defined under Oklahoma law Title 21 Section 856.3. This statute, enacted in 2011, makes it a crime to commit a gang-related offense. According to the statute, any person who attempts or commits a gang-related offense as a condition of membership in a criminal street gang, or while in association with any criminal street gang or gang members, can be charged with a felony. To understand what constitutes a gang-related offense, it is necessary to examine Title 21 Section 856. This section provides a list of offenses that are considered gang-related. It also defines a criminal street gang as any ongoing organization, association, or group of five or more persons that specifically promote, sponsor, assist in, or require the commission of certain criminal offenses as a condition of membership or continued membership. The criminal offenses considered gang-related include: 1. Assault 2. Battery 3. Assault and battery with a deadly weapon 4. Aggravated assault and battery 5. Robbery by force or fear 6. Robbery or attempted robbery with a dangerous weapon 7. Homicide 8. Manslaughter 9. Sale, possession, trade, manufacture of controlled dangerous substances (CDS) 10. Trafficking illegal drugs 11. Arson 12. Influence or intimidation of a witness 13. Theft of a vehicle 14. Rape 15. Extortion 16. Transporting of a loaded firearm 17. Possession of a concealed weapon 18. Shooting or discharging a firearm 19. Soliciting another to commit an act of prostitution 20. Human trafficking 21. Possession of a firearm after former conviction of a felony If you are charged with a gang-related offense or any other offense, it is crucial to seek legal advice from an experienced attorney. They can provide guidance on your specific case and help protect your rights. To schedule a consultation with an attorney at James Wirth Law Office, you can visit their website at makelaweasy.com. Read more »
HB 3270: Case Dismissed Cost to Defendant? Not Without Judicial Approval.
HB 3270: Learn about the new Oklahoma law on case dismissals. Find out who bears the cost and how judicial approval is now required. Read more »
New Law Requires Better Reporting of Municipal Convictions in Oklahoma
Discover how a new law in Oklahoma mandates better reporting of municipal convictions. Learn more at MakeLawEasy.com. Read more »
New Law Makes it Easier for Convicts to Get Occupational Licenses in Oklahoma
Looking for occupational licenses in Oklahoma? HB 3002 makes it easier for convicts to get licensed. Contact us for more info. Read more »
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. Read more »
Who Will I Be Working with While in the Drug Court Program in Tulsa?
If you’re in the Drug Court Program, you will not be working directly with staff of Tulsa County Courthouse. You’ll be working primarily with staff of the Drug Court Program. These are people who work alongside advocates and clinicians at such wonderful places as Action Steps or Family & Children’s Services. These are people who […] Read more »
When Is an In-Court Identification “Unnecessarily Suggestive” for Preliminary Hearing in Oklahoma?
In-court identification at preliminary hearings in Oklahoma? Tulsa Attorney James Wirth discusses when it can be "unnecessarily suggestive." Read more »
What Are My Responsibilities While Being in a Tulsa Drug Court?
What Are My Responsibilities While Being in Drug Court in Tulsa County? If you do get accepted into the drug court program, what you’ll need to do is, first and foremost, follow the rules that will be set out for you. There’ll be an extensive list of rules that your attorney will go over with […] Read more »
SB 1742: New Law Allows Interlocutory Appeal on Stand Your Ground Decision in Oklahoma
SB 1742 allows interlocutory appeal on stand your ground decisions, providing immunity from prosecution and an accelerated appeal process. Read more »
Finders Keepers? Not in Oklahoma. That Is Larceny of Lost Property.
Finders keepers is not a thing in Oklahoma. Oklahoma attorney James Wirth explains larceny of lost property and the law surrounding it. Read more »
HB 3053: Drug Court Change That Could Be Unfavorable for 1st Time Offenders in Oklahoma
HB 3053 brings changes to drug court in Oklahoma, potentially affecting first-time offenders. Learn about the new law from Tulsa lawyer. Read more »
What Is Assault & Battery with a Deadly Weapon in Oklahoma?
Learn about assault and battery with a deadly weapon in Oklahoma in this informative video by Tulsa attorney James Wirth. Read more »
Difference between Assault & Battery with a Dangerous Weapon vs. with a Deadly Weapon in Oklahoma?
Difference between assault and battery with a dangerous weapon vs. a deadly weapon in Oklahoma. Tulsa attorney James Wirth breaks it down. Read more »
Aggravated Battery vs. Maiming in Oklahoma: What’s the Difference?
Learn the difference between aggravated battery and maiming in Oklahoma. Punishments range from 1-5 years to life imprisonment. Read more »
What Is Assault and Battery with a Dangerous Weapon in Oklahoma?
Assault and battery with a dangerous weapon in Oklahoma from attorney James Wirth. Find out what the state must prove to secure a conviction. Read more »
Misdemeanor vs. Felony: What’s the Difference in Oklahoma?
Learn the difference between a misdemeanor and a felony in Oklahoma with Mayes County Attorney Lindsay McDowell. Read more »
What Is Maiming under Oklahoma Criminal Law?
Maiming is a serious offense under Oklahoma criminal law. In this informative blog post, Tulsa attorney James Wirth breaks down the elements required to prove maiming beyond a reasonable doubt. Unlike simple assault and battery, maiming requires a physical injury that disfigures, disables, or seriously diminishes physical vigor, and the intent to cause any injury. If convicted of maiming, the punishment can range from zero to life imprisonment for a first offense. Wirth advises anyone facing an allegation of maiming to seek legal advice from a qualified attorney. Visit makelaweasy.com to schedule a confidential consultation with Wirth's firm. Read more »
When Does Assault & Battery Become Maiming in Oklahoma?
Learn when assault and battery become maiming in Oklahoma with James Wirth. Discover the differences between misdemeanor and felony charges. Read more »
What Is the Punishment for Assault and Battery in Oklahoma?
Wondering about the punishment for assault and battery in Oklahoma? Attorney James Wirth breaks it down in this informative video. Read more »