Oklahoma City Lawyer Blog
CNA Career + Criminal History
Individuals with a criminal history seeking to become Certified Nursing Assistants (CNA) in Oklahoma should be aware of the legal restrictions that may apply. Specific convictions can result in lifetime prohibitions or a seven-year waiting period after serving a sentence, depending on the offense. Waivers can be requested from the Oklahoma State Department of Health, which considers factors such as the nature of the conviction, time elapsed, and evidence of rehabilitation. An administrative law judge will review waiver requests, and if denied, an appeal can be made to district court based on claims of abuse of discretion. Legal guidance is recommended. Read more »
Oklahoma Criminal Programs
This blog post outlines the types of programs available for individuals facing criminal charges, categorized into two main types: programs within the Department of Corrections (DOC) and diversion or treatment court programs outside of prison. DOC programs include options such as substance abuse classes and work training, where completion may lead to sentence suspension. Conversely, diversion courts, like the Misdemeanor Diversion Program and Drug Court, focus on rehabilitation and can result in charge dismissal upon successful completion. Eligibility for these programs is assessed through screenings, and participation requires adherence to program rules for benefits to apply. Read more »
Bond Decision Factors
Bond is a financial guarantee ensuring an individual's appearance in court, set by a judge or jail bond schedule. If someone cannot post bond, an attorney can file a bond motion for a reduction or conditional release. Key factors influencing bond decisions include the seriousness of the charge and authorized punishments, along with mitigating factors such as criminal history, employment status, financial condition, and community ties. Demonstrating a lack of flight risk can also support bond reduction requests, emphasizing the individual's likelihood of appearing in court. Read more »
Oklahoma One-Year Review
Under Oklahoma law, individuals can request a one-year review of their sentence within a year of sentencing, with the judge retaining the authority to modify the sentence. This option is most commonly available to those incarcerated, allowing for potential sentence suspensions or duration modifications. Eligibility criteria include having no prior felony convictions within the last ten years and having either a blind plea or being sentenced after a bench trial. For those eligible, preparation involves filing court paperwork, arranging hearings, and demonstrating positive actions during incarceration, such as completing programs and maintaining a clean disciplinary record. Read more »
Choose Private Counsel
This blog post discusses the benefits of hiring a private criminal defense attorney compared to utilizing a public defender in Oklahoma County. The author, Gunner Briscoe, a former public defender, explains that while public defenders are often skilled, they are frequently overburdened with numerous cases, which can lead to longer waiting times in court. For misdemeanor cases, individuals represented by private attorneys may experience quicker resolutions, whereas public defenders may have multiple cases scheduled simultaneously, affecting their ability to provide personalized attention. Ultimately, the post emphasizes that private counsel typically offers greater focus and efficiency in handling criminal cases. Read more »
Blind Pleas Explained
This blog post discusses the concept of a blind plea in criminal cases, where a defendant pleads directly to a judge without a prior agreement with the prosecution. It outlines the two main plea types—negotiated and blind—and details the process of entering a blind plea, including the possibility of a guilty or no contest plea. The post emphasizes the importance of presenting mitigating factors, such as completing classes or community service, to influence the judge's sentencing decision. It also addresses circumstances under which a blind plea might be strategically beneficial and underscores the value of legal representation in navigating these choices. Read more »
Oklahoma Probation Violations
This blog post addresses the implications of violating probation, highlighting common reasons such as new arrests or technical violations like failing to report or testing positive for drugs. It outlines potential outcomes, including sanctions that may involve community service or jail time, and discusses more serious violations, which could lead to revocation of a suspended sentence. Furthermore, it explains that for those on a deferred sentence, violations might result in an accelerated conviction. The importance of legal representation in navigating these complexities is also emphasized. Read more »
Oklahoma DUI Guide
This blog post discusses the implications of submitting to or refusing the state’s breathalyzer or blood test in DUI cases. Refusing the test leads to an automatic suspension of the driver’s license. Until November 1, 2025, it is generally advisable to take the state’s test; however, post this date, having a blood alcohol content (BAC) of 0.15 or higher will result in an aggravated DUI felony charge. If stopped for suspected drunk driving, individuals must weigh the risk of a suspended license against the potential for a felony charge based on their BAC. Legal representation is not available at the time of the test decision. Read more »
Property Authority Explained in Oklahoma
The blog post discusses the Oklahoma Department of Agriculture, Food, and Forestry's authority to take possession of, store, or dispose of property deemed stolen or abandoned. This authority is contingent on meeting specific legal conditions. When the Department seizes property, it must maintain detailed records that document the date, circumstances, and location of the seizure, along with relevant identifying information. Furthermore, the Department is obligated to store the property in a suitable location to prevent deterioration or damage. The overview emphasizes the importance of meticulous record-keeping and proper storage in these processes. Read more »
Property Forfeiture Guide
This blog post discusses the procedures followed when the Oklahoma Department of Agriculture seizes property due to violations of the Oklahoma Agricultural Code or connections to livestock theft. Initially, the seized property is held as evidence before the department initiates forfeiture proceedings in district court. They are required to provide legal notice to individuals with an interest in the property, either personally or through legal publication. If no objections are filed within the notice period, the court may grant the forfeiture. It is essential for interested parties to timely object to avoid losing their property rights. Read more »
Misdemeanor Felony Upgrade
The blog post discusses the distinction between misdemeanors and felonies, particularly in relation to enhanceable misdemeanors. Enhanceable misdemeanors are offenses that can be charged as felonies upon subsequent violations. Examples include Driving Under the Influence (DUI) and Domestic Assault and Battery, where a first offense is a misdemeanor, but a second offense can elevate the charge to a felony. The post highlights the importance of understanding the implications of enhanceable misdemeanors, especially in Oklahoma, and notes that there are other less common enhanceable misdemeanors, such as contributing to the delinquency of a minor. Read more »
Oklahoma Criminal Sentencing
This blog post discusses the various sentencing options available to defendants facing criminal charges. The three primary sentencing options are: fines only, which can range substantially based on the offense; probation, which may impose conditions such as attending classes or abstaining from alcohol; and incarceration, which varies between jail for misdemeanors and prison for felonies. Defendants are also responsible for court costs and a victim compensation assessment, generally beginning at $30. Understanding these options is essential for navigating the complexities of criminal charges and associated legal responsibilities. Read more »
Property Seizure Rights in Oklahoma
The Oklahoma Department of Agriculture possesses the authority to seize and forfeit property in response to violations of the Oklahoma Agricultural Code. Property that may be seized includes vehicles, farming equipment, implements of husbandry, and livestock. Livestock in transit or already slaughtered can also be subject to seizure. Additionally, equipment used in the theft of livestock may be forfeited, along with any financial gains obtained through unlawful conduct. Violations of the agricultural code can lead to significant loss of property and profits associated with the offense. Read more »
Oklahoma Agriculture Inspections
This blog post discusses the Oklahoma State Board of Agriculture's authority regarding the inspection of agricultural products. According to Okla. Stat. tit. 2 § 2-14, the Board and its agents have the power to inspect containers and conduct investigations to ensure compliance with agricultural laws. If access to packages or containers is denied during an investigation, the Board is empowered to seek a warrant from the District Courts to continue the investigation. The post provides an overview of these regulatory powers and their implications for agricultural compliance in Oklahoma. Read more »
Minors' Civil Liability in Oklahoma
This blog post discusses the civil liability of minors and individuals of unsound mind in Oklahoma. It clarifies that, under Oklahoma law, these individuals can be held liable for their actions similarly to adults of sound mind. Civil suits may be filed not only against the minor or individual but also against their parent or legal guardian, aiming to hold responsible parties accountable for any harm or damages incurred. Read more »
Contracts Minors Can't Void in Oklahoma
This blog post by Dillan Savage of Wirth Law Office focuses on the contractual obligations of minors in Oklahoma. Generally, minors have the ability to disaffirm contracts; however, specific exceptions exist. Notably, if a minor enters a contract regarding the reasonable value of necessities for their own or their family's support while not under parental care, they may be held accountable for that agreement. This applies to contracts that are typically enforceable and necessary for sustenance. The discussion highlights the legal framework surrounding minors and contract law in Oklahoma, particularly in situations where parental guardianship is absent. Read more »
Minors & Voiding Contracts
This blog post by Dillan Savage of Wirth Law Office discusses the legal power of minors to disaffirm contracts. Minors, defined as individuals under 18, can cancel contracts they have entered into until they reach the age of majority. Even after turning 18, they retain up to one year to disaffirm such contracts. If a minor passes away, their estate has the same one-year period to disaffirm. Exceptions exist, particularly regarding motor vehicle contracts, where minors must restore consideration received. This post outlines these regulations relevant to Oklahoma law concerning minors and contracts. Read more »
Minors & Contract Rights
This post discusses the ability of minors in Oklahoma to enter into contracts, highlighting that, under Oklahoma law, minors typically lack the capacity to be held to such agreements. It explains the concept of disaffirmation, which allows minors to cancel contracts at any time. While there are limited circumstances where a minor may be held to a contract, these situations are rare. Due to the potential for disaffirmation, it is generally considered unwise for adults to enter into contracts with minors, as they cannot be held accountable for the terms of the agreement. Read more »
Enforceable Contracts Explained
This blog post by attorney Dillan Savage provides a broad overview of contracts and their requirements under Oklahoma law. A legitimate contract must involve parties who have the authority to engage in the contract, consent without coercion, have a legal objective, and include consideration, which refers to the exchange of value between the parties. The necessity for these elements ensures that contracts are enforceable and meet legal standards, preventing agreements for illegal activities or those made under duress. The post emphasizes the fundamental aspects that make contracts valid in Oklahoma. Read more »
LLC Law 101: Oklahoma Edition
This blog post outlines the steps for registering a limited liability company (LLC) in Oklahoma. It begins with identifying a unique company name, followed by the requirement to file registration documents with the Oklahoma Secretary of State. A registered agent must be designated, who will receive official documents on behalf of the LLC. The registration process includes paying a filing fee of approximately $100 and submitting articles of organization. Although not mandatory, having an operating agreement is recommended for structuring the LLC. The post suggests consulting an attorney for assistance in drafting necessary documents. Read more »
Contract Authority Explained
In this post, Dillan Savage of Wirth Law Office explores the nuances of who can legally contract in Oklahoma. While most individuals have the capacity to enter into contracts, certain groups are exempt. Minors cannot engage in legally binding contracts, as such agreements are unenforceable against them. Additionally, individuals deemed not of sound mind or those with deprived civil rights cannot contract either. Interestingly, imprisoned individuals may enter employment contracts under specific conditions, but this requires navigating a complex approval process. Understanding these limitations is crucial for anyone considering contractual agreements in Oklahoma. Read more »
Foreign Custody in Oklahoma
Dillan Savage of Wirth Law Office discusses the process of registering a foreign child custody determination in Oklahoma. When individuals move to Oklahoma with custody orders from another state, navigating modifications can be challenging if those orders remain unregistered. Oklahoma law provides a clear pathway to register these orders as foreign judgments. By petitioning the court and notifying the other party, individuals can simplify their legal processes. If the other party does not respond within 20 days, the foreign custody order is automatically accepted. This process can be invaluable for custodial parents relocating and seeking jurisdiction in their new state. Read more »
Guide to Temporary Visitation Part 2
In Oklahoma, even if the court lacks jurisdiction over a child custody case, it can still establish a temporary visitation schedule. This applies when no specific visitation terms are defined in the existing agreement. Subsection B of Title 43, Section 551-304 allows a court to intervene and create a temporary visitation arrangement for a set duration. This enables parents to seek enforcement of their visitation rights while awaiting a formal schedule from the proper jurisdiction. Understanding this process is crucial for ensuring that visitation rights are respected and upheld during custody disputes. Read more »
Guide to Temporary Visitation
In Oklahoma, Title 43 Section 551-304 addresses Temporary Visitation, allowing courts to intervene in visitation disputes where they lack jurisdiction to modify custody orders. Though rare, this provision can be crucial if your visitation rights are being denied under a custody determination established by another jurisdiction. If you're unable to file in that court, an Oklahoma court can help enforce your visitation schedule temporarily. However, this is just a stopgap measure. It’s vital to seek enforcement or modification in the court that has original jurisdiction over your custody order as soon as possible for a more permanent resolution. Read more »
Interstate Custody in Oklahoma
In Oklahoma, courts have a duty to enforce custody determinations and orders made by courts in other states. This obligation ensures that any custody judgments involving minor children that appear before an Oklahoma court are given full faith and credit. According to Oklahoma statutes, courts will examine the substantial conformity of the laws and how the determinations were implemented in light of the surrounding circumstances. When enforcing these orders, Oklahoma courts can employ various remedies typical for enforcing their own orders, ensuring that custody agreements are honored, regardless of the originating state. Read more »
Enforcing Global Custody Laws
Oklahoma courts have the authority to enforce orders made under the Hague Abduction Convention regarding the return of minor children. As with any country under the convention, the courts recognize and take into account the orders issued by other nations concerning child abduction. Under Title 43 Section 551-302, Oklahoma courts can enforce these foreign orders as if they were local child custody determinations. This means that if an order for the return of a child is issued by another country's court, it holds the same weight in Oklahoma as a custody order would. Understanding this enforcement power is crucial for navigating international custody issues. Read more »
Know Your Abduction Rights
Understanding international child abduction protection laws is crucial for parents who may face such challenges. The Hague Abduction Convention offers legal frameworks for countries to collaborate in preventing child abduction across borders. In this post, we'll explore the various countries and territories that participate in this treaty with the United States, providing essential insights for those concerned about potential child abduction. If you're navigating this complex situation, knowledge of these laws can help protect your rights and ensure the safety of your children. Learn more about how these international laws can impact your custodial rights. Read more »
Protecting Kids Across Borders
In this blog post, Dillan Savage from Wirth Law Office explores the Hague Abduction Convention, an important treaty involving the United States and over a hundred other countries. This treaty aims to protect children from parental abduction across international borders and ensure they maintain relationships with their rightful guardians. Each participating country has a Central Authority responsible for locating and returning abducted children while determining the applicability of the convention. Key evidence is required to support claims, including proof of habitual residence in the U.S. and documentation showing wrongful removal. Understanding these elements is crucial for affected parents. Read more »
Court Orders for Custody in Oklahoma
In Oklahoma, courts hold the authority to compel parties and their minor children to appear in court, regardless of their residency. This power extends to those living outside the state, ensuring the court can enforce necessary appearances for the welfare of minor children. Additionally, if a party requests an appearance, the court may also consider awarding travel and expense reimbursements to the requesting individual, depending on the specifics of the case. Understanding these dynamics is essential for anyone navigating child custody matters in Oklahoma, as the court's primary focus remains the safety and best interests of the children involved. Read more »
Key Info for Custody Submissions
When filing custody proceedings in Oklahoma, it's crucial to include specific information in your pleadings, as mandated by Title 43 Section 551-209. Essential details include the current address of the minor children, their addresses for the past five years, and who they lived with during that time. Additionally, you must provide information about any previous custody or visitation proceedings, including parties involved, case numbers, and the states where these occurred. It’s important to clarify who currently has physical custody and if there are any other cases that could affect the proceedings. Providing accurate information ensures a smoother legal process. Read more »
