Wagoner Lawyer Blog
Adjusting Visitation Schedules in Wagoner County
The court will order a visitation schedule which is many times agreed upon by both parents after some negotiation. It is legally obligated that the parents stick to this visitation schedule as ordered by the court. However, there may be times when the court-ordered visitation schedule stops being feasible for one or both of the
Read more »Enforcing Spousal Support Payments in Wagoner, Oklahoma
It is important to note that spousal support payments are legally binding, and failure to comply with a court-ordered spousal support agreement can result in legal consequences. If you are facing issues with enforcing spousal support payments in Wagoner, Oklahoma, it is crucial to seek the guidance of a Wagoner family law attorney. Read more »How to Create a Prenuptial Agreement in Wagoner County
When it comes to preparing for marriage, one important legal document that couples may consider is a prenuptial agreement. Often referred to as a prenup, a prenuptial agreement is a contract that couples can create before getting married to establish how their assets will be divided and other issues in the event of a divorce.
Prenuptial agreements can address a variety of issues, such as property division, spousal support, and even responsibilities for debts incurred during the marriage. It is crucial for couples to understand the laws surrounding prenuptial agreements in Wagoner County, Oklahoma, to ensure that their agreement is legally valid and enforceable. Read more »Establishing Paternity Rights in Wagoner Oklahoma
Establishing paternity rights is an important legal process that can have significant implications for both the child and the parents involved. In Wagoner, Oklahoma, paternity determination plays a crucial role in determining child custody, visitation rights, and child support obligations. It is essential for both the child and the parents to have clarity
Read more »Modifying Child Custody Orders in Wagoner County
If you are a divorced or single parent in Wagoner, Oklahoma dealing with child custody arrangements, you may find that the current arrangement is no longer working. Fortunately, parents can adjust their child custody arrangements through a legal court process. Understanding child custody modifications is crucial, as these changes can impact where your child lives and who makes decisions for them. Whether you are seeking to modify joint custody to sole custody or have special circumstances as a military service member, seeking the guidance of a Wagoner child custody attorney is essential to navigate this complex process successfully. Contact Wirth Law Office today for a low-cost consultation. Read more »Parental Relocation Laws in Wagoner County
Children thrive in stable environments, but parental relocation can disrupt this stability. In Wagoner County, Oklahoma, laws regulate parental relocation to protect the child's best interests. Custodial parents must provide notice if moving over 75 miles away for more than 60 days. Failure to comply can result in legal consequences. Factors considered by the court include the reason for the move and its impact on relationships. Consult with a Wagoner family law attorney to navigate the complexities of parental relocation cases. The Wirth Law Office - Wagoner team is dedicated to protecting your rights and advocating for your child's best interests. Contact us for a low-cost consultation. Read more »Enforcing Prenuptial Agreements in Wagoner Oklahoma
When couples marry, they usually intend to stay together forever. However, life can be unpredictable, which is why many couples opt for prenuptial agreements to protect their assets in case of divorce. In Wagoner, Oklahoma, a prenuptial agreement must meet certain requirements to be enforceable. It must be in writing, signed voluntarily by both parties, and disclose all assets and liabilities. The agreement cannot promote divorce or waive child support rights. If a prenuptial agreement is contested, seeking legal representation from a Wagoner family law attorney is crucial. Contact Wirth Law Office in Wagoner for guidance on enforcing prenuptial agreements. Read more »Resources for Collecting Past-Due Child Support in Wagoner, Oklahoma
Part of a divorce process is determining child support arrangements which are aimed at ensuring the best interests of the children. Support payments can be court-ordered to be paid during the divorce process and also as a part of the final settlement at the end of the divorce process. However, just because the court has ordered your spouse to make child support payments your spouse could still end up refusing to make the payments, making legal action necessary. In Wagoner, Oklahoma, collecting past-due child support can be a complex and challenging process. If you find yourself in this situation, it is crucial to understand the available resources and options at your disposal. This blog post aims to offer you a general overview of the process, emphasizing the need for legal guidance and representation from a skilled Wagoner child support attorney. Please note that the information provided here should not be considered legal advice and consulting a Wagoner child support lawyer is highly recommended. Contact the Wirth Law Office in Wagoner, Oklahoma, at 918-485-0335 to schedule a consultation with an experienced family law attorney. Our dedicated team is ready to assist you with your case, providing the guidance and representation you need to pursue your rights effectively. Don't navigate the complexities of collecting past-due support alone – let us help you secure the support you and your family deserve. Read more »What Is a Plea Bargain in Oklahoma?
In Oklahoma, a plea bargain is a common resolution for many criminal cases. It involves an offer made by the district attorney's office to the defendant, usually through their assistant DA. The offer can range from probation to a prison sentence, depending on the specifics of the case. Plea bargains provide a level of certainty for defendants who may be concerned about the outcome of a jury trial. While jury trials are an important right, they can be expensive and time-consuming. Defense attorneys often negotiate with the DA's office to reach a more favorable agreement. Ultimately, the decision to accept a plea bargain or fight the case rests with the defendant. For more information and guidance, contact Stuart Ericson at wagonerlawyer.com. Read more »
How Do Criminal Charges Get Filed in Oklahoma?
In Oklahoma, criminal charges can be filed in two main ways. The first is through a criminal complaint presented to the police department. This occurs when individuals reach out to the police, provide evidence, and undergo interviews. The police will then investigate and produce a police report if they believe a crime was committed. This report is then sent to the district attorney's office, where an assistant DA will review the charges and decide what charges to file. The second scenario is when law enforcement witnesses a crime and makes an arrest or has probable cause to believe a felony was committed. In this case, it is advisable to exercise your right to remain silent. Once arrested, you will be taken to jail, a bond will be set, and your case will progress from there. It is important to understand that while the police initiate the investigation, it is ultimately the district attorney's office that determines the charges and whether or not to file them. If you have any questions about criminal charges in Oklahoma, feel free to reach out to Stuart Ericson, an attorney in Wagoner, at wagonerlawyer.com. Read more »
Why Should You Stay Quiet When Arrested in Oklahoma?
In a criminal case, many individuals make the mistake of talking to the police right at the time of arrest, even when they have been read their Miranda rights. Oklahoma lawyer Stuart Ericson explains that this can severely hinder their defense later on. By speaking too much, individuals may unintentionally provide semi-confessions or full confessions, making it difficult for their attorney to negotiate the best deal or present a strong case in front of a jury. Ericson advises exercising the right to remain silent under the Fifth Amendment and hiring an attorney if arrested and charged with a crime. This takes courage and restraint, but it is crucial for protecting one's legal rights. Read more »
What Are the Differences Between Misdemeanors and Felonies in Oklahoma?
In Oklahoma, there are two main types of crimes: misdemeanors and felonies. Misdemeanors are less serious offenses that typically result in up to a year in county jail, with no prison time or Department of Corrections involvement. These cases are identified by a CM case number, indicating a criminal misdemeanor charge. On the other hand, felonies are much more severe and can lead to imprisonment ranging from no time to life. Each crime has a different punishment level if convicted. Felony cases are labeled with a CF case number, representing a criminal felony charge. Regardless of the type of crime you're charged with, it's crucial to seek legal representation to navigate the complex legal process and understand the potential consequences. If you find yourself in this situation, don't hesitate to reach out to me, Stuart Ericson, at wagonerlawyer.com. Read more »
Is Pointing a Gun at Someone a Crime in Oklahoma?
In Oklahoma, pointing a gun at someone without lawful cause is considered a felony offense known as felonious pointing of a firearm. This charge applies if a person willfully points a loaded or unloaded shotgun, rifle, pistol, or deadly weapon at another individual with the intent to threaten or discharge the firearm, or with any malicious intent. While self-defense can be a defense in such cases, pointing a gun out of anger, as a prank, or in a gone wrong situation can lead to criminal charges. Given the seriousness of gun charges in Oklahoma, it is crucial to consult with a defense attorney like Stuart Ericson to explore possible defenses and determine the best approach to your case. Contact Stuart Ericson at wagonerlawyer.com for assistance. Read more »
Is It a Crime to Carry a Loaded Gun in Your Car in Oklahoma?
In Oklahoma, it is illegal to transport a loaded firearm in your car without a valid defense. Attorney Stuart Ericson sheds light on this gun charge and explains that knowingly and willfully transporting a firearm with a loaded clip or magazine, or a bullet or shell loaded in the chamber, is against the law. This applies to carrying the weapon in the car's interior, a locked exterior compartment, or the trunk while on a public road or highway. If you get pulled over for a traffic violation and are found with a loaded gun, it can result in a criminal charge. For legal advice and defense options, contact Stuart Ericson at wagonerlawyer.com. Read more »
How Do Gun Crimes Relate to Prior Felony Convictions in Oklahoma?
In this blog post, Oklahoma lawyer Stuart Ericson explores the relationship between gun crimes and prior felony convictions in Oklahoma. He explains that it is a felony to knowingly possess or have immediate control over a firearm if you are a prior convicted felon. Ericson discusses the challenges that arise when determining ownership of a firearm found in a car and emphasizes the importance of understanding the facts surrounding the case. He concludes by encouraging anyone facing charges related to the possession of a firearm after a former felony conviction to reach out to him for guidance. Read more »
How Can an Alibi Be Effectively Used to Defend Against Charges in Oklahoma?
In this blog post, Wagoner attorney Stuart Ericson discusses the importance of using an alibi defense in criminal charges in Oklahoma. He explains that an alibi defense involves proving that the defendant was present at a different location at the time of the crime. Ericson emphasizes the need to bring up the alibi defense in a timely manner and gather evidence and witnesses to support it. He also mentions the possibility of convincing the prosecutor to dismiss the charges if they realize they have the wrong person. Ericson encourages readers to consult with him for any questions or concerns about the alibi defense or other criminal defense strategies. Read more »
Should a Defendant Testify in Their Own Jury Trial in Oklahoma?
In this blog post, Wagoner Attorney Stuart Ericson discusses the decision of whether a defendant should testify in a jury trial. He emphasizes that it ultimately comes down to the defendant's choice, but strategic considerations should be taken into account. For instance, if the defendant has prior felony convictions, testifying may lead to the prosecutor attempting to smear their credibility. However, there are certain situations where testifying may be beneficial, such as in self-defense cases or when providing an alibi. Erickson warns against defendants who simply want to give their side of the story, as this can often backfire. He concludes by urging defendants to consult with their attorney to determine the best course of action. Read more »
How Do Jurors Use Evidence and Inferences in Oklahoma Jury Trials?
In Oklahoma jury trials, jurors are instructed to use evidence and make reasonable inferences when making their decisions. They are allowed to use their common sense and draw conclusions from the testimony presented. Direct evidence, such as eyewitness testimonies or photographs, is considered solid proof of a fact. However, in cases where there is no direct evidence, jurors can rely on circumstantial evidence. Circumstantial evidence is defined as facts or circumstances that lead to reasonable inferences about the guilt or innocence of the defendant. Although the defense attorney may challenge these inferences, the law recognizes that circumstantial evidence can hold the same weight as direct evidence. Understanding how jurors use evidence and inferences is crucial in navigating a jury trial. Reach out to Stuart Ericson at wagonerlawyer.com for any further questions. Read more »
What Does a Preliminary Hearing in Oklahoma Entail?
In Oklahoma, a preliminary hearing is a right for defendants in felony cases. It is a probable cause hearing where the state must provide evidence, usually through witnesses, to show that a crime was committed and that the defendant is likely responsible. This hearing is not about determining guilt beyond a reasonable doubt or having a jury trial but serves as a valuable opportunity for the defense to hear state witnesses testify under oath. By doing so, the defense can hold them accountable for their statements and prevent them from changing their story later on. While some attorneys may choose to waive preliminary hearings, it is advisable to only do so if there is a solid plea deal in place. Otherwise, preserving the right to a preliminary hearing can help secure a favorable plea bargain or prepare for a jury trial. It is important to consult an experienced attorney to discuss the best course of action based on the specific circumstances of your case. Read more »
What Ways Can a Jury Trial End in Oklahoma?
In this blog post, Oklahoma lawyer Stuart Ericson provides insights into the different ways a jury trial can end in Oklahoma. He emphasizes that once a case is filed, there are limited options for resolution. The case can be dismissed, a plea bargain can be negotiated, or a jury trial can be pursued. Ericson explains that there are exceptions to both a jury trial and a plea bargain, such as opting for a bench trial or a blind plea. He highlights the importance of considering the risks and rewards of each option and ultimately leaving the decision to the client. For more information on criminal case resolutions in Oklahoma, readers are encouraged to reach out to Ericson through his website, wagonerlawyer.com. Read more »
What Happens After Closing Arguments Are Done in an Oklahoma Jury Trial?
In the final stages of an Oklahoma jury trial, after the closing arguments are completed, there is a period of waiting for the jury's verdict. This waiting period can be excruciating for the defense attorney, the defendant, and their family members. The jury can take anywhere from minutes to days to reach a verdict. Once the verdict is reached, the judge and clerk are notified, and everyone is called back into the courtroom. The judge may ask the foreperson if they want to read the verdict or if they want the judge to do it. The verdict is then read aloud, determining whether the defendant is found guilty or not guilty. This marks the end of the jury trial portion. The jury may also recommend a sentence, which the judge will typically confirm during a later sentencing date. Read more »
What Are Closing Arguments in an Oklahoma Jury Trial?
In an Oklahoma jury trial, closing arguments mark the final stage before the jury makes its decision. After all the evidence has been presented and the jury instructions have been given, the state of Oklahoma, as the party with the burden of proof, goes first in presenting their closing arguments. They typically summarize the facts, present their theory of the case, and emphasize the importance of the jury instructions in finding guilt. As a defense attorney, I then have the opportunity to poke holes in the state's case and remind the jury of the requirement to prove guilt beyond a reasonable doubt. I try to anticipate the prosecutor's arguments and provide counterpoints to them. Once both sides have presented their closing arguments, the trial ends and the jury begins deliberations. For more information, visit my website at wagonerlawyer.com. Read more »
How Does a Jury Make Decisions in an Oklahoma Jury Trial?
In an Oklahoma jury trial, the roles and responsibilities of those involved are clearly defined. The prosecutor presents evidence and argues for guilt, while the defense attorney protects the defendant and presents evidence in their favor. However, when it comes to the law, the judge takes charge, making rulings on objections and producing the jury instructions. But it is the jury who holds the power when it comes to determining the facts and deciding what to believe. They carefully observe all the witnesses and make their own judgments, disregarding testimonies they find unconvincing. The jury then applies the facts they believe to the law, ultimately deciding guilt or innocence. While judges have significant influence, the final decision lies with the jury. For any questions regarding jury trials, reach out to Stuart Ericson at wagonerlawyer.com. Read more »
What Happens After All Evidence Is Presented in an Oklahoma Jury Trial?
In an Oklahoma jury trial, once all the evidence has been presented and both the defense and the prosecution have rested their cases, a break is taken. During this time, the attorneys confer with the judge to determine the jury instructions based on the evidence presented. As a defense attorney, you may propose additional instructions if you believe there is evidence to support charges lesser than what the state has charged. The state also proposes their own instructions, and together with the judge, a final list of jury instructions is determined. These instructions form the law that the jury must consider when reaching their verdict. If you have any questions about jury trials, feel free to contact me at wagonerlawyer.com. Read more »
What Happens after All Witnesses Are Called in an Oklahoma Jury Trial?
In an Oklahoma jury trial, what happens after all witnesses are called? Attorney Stuart Ericson explains that once the state calls all of their witnesses and rests their case, the defense attorney has the opportunity to make a motion for a demur, claiming that the state's evidence is not sufficient for a conviction. While these motions are typically overruled, the judge then turns to the defense attorney and says, State, your turn. Ericson shares a strategic decision he made in a first-degree murder trial, where he chose not to call any witnesses. By resting his case, he highlighted the weakness of the state's evidence and ultimately secured a not guilty verdict. Ericson emphasizes the importance of thinking things through and making strategic decisions in jury trials. Read more »
