Chapter 13 Bankruptcy in Oklahoma

Is Chapter 13 Bankruptcy in Oklahoma Right for You?

Kania Law Office: Assisting You in Attaining Financial Freedom

In recent years, more and more Americans have found themselves weighed down by significant debt. Struggling to pay bills and living expenses, dodging harassing phone calls, and losing sleep over financial worries drives many individuals to consider bankruptcy. However, some people discover they are unable to file for Chapter 7 bankruptcy because they do not qualify under the strict means test. Even further, other would be filers are afraid to file for Chapter 7 because they would lose considerable property.

            For those unwilling or unable to file for Chapter 7 bankruptcy, there may still be an option to lessen the burden of your debt. Chapter 13 bankruptcy allows qualifying filers to pay back all or some of their debts over a long period of time. You are not generally required to forfeit any property, and create the debt repayment plan yourself.

            The following is a list of questions that can help you decide whether Chapter 13 bankruptcy is right for you?

1. 
   

   Do you have a steady income need to file chapter 13 bankruptcy in Oklahoma?

   
   

               Chapter 13 bankruptcy will require that you make regular monthly payments over an extended period of time, usually three to five years. Accordingly, you should have a steady job or a friend or relative able to assist you in the event you were unable to make a payment.

   
   
   2. 
      

      Do you have disposable income needed to file chapter 13 bankruptcy in Oklahoma?

      
      
   
   

               You must have sufficient income left over each month after paying your necessities to put towards the repayment plan. Income that can be used to satisfy the repayment plan includes:

   
   
   • Wages and salaries
   
   
   • Commission payments
   
   
   • Seasonal wages
   
   
   • Self-employment wages
   
   
   • Rents
   
   
   • Social security benefits
   
   
   • Workers’ compensation or disability benefits
   
   
   • Unemployment benefits
   
   
   • Public benefits
   
   
   • Pension payouts
   
   

               If necessary, you could also sell assets or property to make repayments or put the income of a family member towards the plan with their permission.

   
   
   3. 
      

      Do you hold substantial non-exempt property?

      
      
   
   

               One of the benefits of filing for Chapter 13 bankruptcy is that you will not lose any property. If you stand to lose substantial property in a Chapter 7 bankruptcy, then Chapter 13 may be the right option for you. However, if you have little non-exempt property and not much income subject to garnishment, Chapter 7 may represent the better option as it allows for the discharge of your unsecured debts. Your attorney will assist you in completing a full cost-benefit analysis of each type of bankruptcy.

   
   
   4. 
      

      Can you survive on a tight budget after you file chapter 13 bankruptcy in Oklahoma?

      
      

                  To succeed in a Chapter 13 bankruptcy, you must create and adhere to a strict budget for an extended period of time, generally three to five years. You should take an honest assessment of whether you will be able to live with a stringent budget for this amount of time.

      
      
      5. 
         

         Are you underwater on a second mortgage?

         
         
      
      

                  If you owe more on your first mortgage than the home is valued, you may be able to strip or eliminate your second mortgage in a Chapter 13 bankruptcy. This is a valuable tool for many potential filers and one you should consider.

      
      

      Kania Law Office: Tulsa Oklahoma Bankruptcy Attorneys

      
      

                  The Tulsa Bankruptcy Attorneys at Kania Law Office have assisted countless Oklahoma residents in filing for Chapter 13 bankruptcy. We will examine your asset/debt portfolio to assist you in making the difficult decision as to whether bankruptcy is right for you. Our attorneys strive to see every client achieve financial success. As such, we will always provide a thorough and complete assessment of your financial picture to determine whether and what kind of bankruptcy will best assist you in attaining financial freedom. Call the bankruptcy attorneys at Kania Law Office today to schedule your free consultation.

   
   

Chapter 13 Bankruptcy in Oklahoma

http://www.kanialaw.com/bankruptcy-attorneys-in-tulsa/chapter-13-bankruptcy-in-oklahoma.htm

Car crashes resulting from sleep deprivation

Tulsa Personal Injury Lawyers Help Victims of Car Crashes Resulting from Sleep Deprivation

It’s almost cliché that few adults get the amount of sleep they or the medical profession feel that they need. The statistics support this assertion. A Gallup poll from December 2013 found that 40% of Americans get less than the recommended seven to nine hours of sleep a night. The average night sleep for adults is now only 6.8 hours. Medical studies, and common sense, tell us that lack of sleep leads to health problems and cognitive impairment. Victims of drivers who are impaired by lack of sleep should seek legal help from an experienced Tulsa personal injury attorney who has successfully handled car crashes resulting from sleep deprivation cases and is thoroughly versed in the laws surrounding such cases.

The problem of sleep deprivation while driving seems to be pervasive. The National Sleep Foundation reported in 2005 that 60% of adult drivers said they had driven a vehicle while drowsy in the preceding year, and 37% said they had fallen asleep while driving. Of the 37% that had fallen asleep, 13% admitted that they did so once a month or more. 4%, or eleven million drivers, stated they had had car accidents, or nearly had car accidents, because they had dozed off or were fatigued. The problem of driving while sleepy is particularly acute for males between the ages of 16 to 29, shift workers who work at night or who work long or irregular hours, and people with untreated sleep disorders such as sleep apnea or narcolepsy. A study of 80 long-haul truck drivers in the US and Canada found that they averaged less than five hours of sleep per day. The National Transportation Safety Board reported that sleep deprivation was the most likely cause of over half of fatal truck driving crashes.

In Europe, driving while drowsy is estimated to be the cause of 10 to 30% of all crashes. In the United States, however, statistics on car crashes resulting from sleep deprivation are not entirely accurate for various reasons. Unlike in the case of intoxication, there is no test to determine sleep deprivation. State reporting practices are inconsistent as there is little or no police training in identifying sleepiness as a cause of an accident. Often crashes are simply attributed to driver inattentiveness or alcohol. Finally, individuals who are responsible forcar crashes resulting from sleep deprovation are not prone to admitting the fact. Still, estimates of car crashes resulting from sleep deprivation in the US range from 16 to 60%.

Sleep deprivation has been shown to impair coordination, judgment, memory, and the ability to retain information. It also can cause longer reaction times, a critical factor in avoiding accidents. Various indicators can infer that a particular crash was at least in part the result of drowsiness.

•  Usually such crashes occur during late night/early morning hours, or in the midafternoon. These are the times of day when people normally experience the urge to sleep.


• The crash oftentimes is very serious.


• The crash involves a single vehicle leaving the roadway.


• The accident occurs on a high-speed road.


• The driver does nothing to avoid the crash.


• The driver is alone.

Obviously, sleep deprivation is a major concern for traffic safety. If you have been injured in a vehicle accident, it is possible that sleep deprivation may have been one of the main causes. To determine your rights, you should seek out the advice of competent Tulsa Personal Injury Lawyers who are skilled at identifying crashes that fit the pattern of sleep deprivation car accidents and who know the laws surrounding such cases. You may be able to recover lost wages, medical costs, as well as damages for pain and suffering. Call today for a consultation.

Contact a Tulsa Injury Attorney Versed in Car Crashes Resulting From Sleep Deprivation:

If youve been involved in a car accident of any kind or a car crash resulting from sleep deprivation call our Tulsa personal injury attorneys today. We offer our injury clients a free consultation and we never get any money unless you get paid.

Car crashes resulting from sleep deprivation

http://www.kanialaw.com/tulsa-personal-injury-lawyers-2/car-crashes-resulting-from-sleep-deprivation.htm

New Workers Comp Laws in Oklahoma

Tulsa Workers’ Compensation Attorneys Help Clients Understand the New Workers Comp Laws

             In May 2013, the Oklahoma Legislature passed Senate Bill 1062, which codified the Administrative Workers’ Compensation Act, the Oklahoma Employee Injury Benefit Act, and the new Workers’ Compensation Arbitration Act, as well as established the Workers’ Compensation Court of Existing Claims. The new Workers Comp Laws in Oklahoma, which went into effect on February 1, 2014 and which was backed by the Oklahoma State Chamber of Commerce, contained sweeping changes to the existing judicial system of deciding workers’ compensation claims with the Oklahoma Workers’ Compensation Court. It is expected to greatly improve the workers’ compensation system as well as reduce premium costs.

             The new law was sorely needed. Oklahoma’s previous workers’ compensation system ranked fifth highest in the country in the cost of claims, sixth highest in the cost of premiums, and forty-seventh worst in 2012 workers’ compensation costs. In addition, the Work Loss Data Institute gave the prior system a “D” for overall effectiveness. Needless to say, it was in part to blame for discouraging new businesses from coming to Oklahoma.

             Now all that has changed, hopefully for the better. The new workers comp laws in Oklahoma is very sweeping, as previously stated, but a few aspects of it should be highlighted:

•  The new law creates a simpler administrative system called the Oklahoma Workers’ Compensation Commission (OWCC) for the filing of claims that result from injuries that occurred on or later than February 1, 2014. Claims based on injuries that occurred prior to the law’s enactment will be heard by the Oklahoma Workers’ Compensation Court of Existing Claims. The laws, time frames, and benefits available to injured workers are different under each system. Clearly, the advice of a competent workers’ compensation lawyer is needed to help the relevant parties sort through the claims process.


•  


• The new law again sets the temporary total disability (TTD) benefits at 70% of the employee’s average weekly wage, but reduces the maximum benefit allowed by 30% (from the former limit of 100% of the state’s average weekly wage to an upper limit of 70% of the average state wage). In addition, the maximum TTD period is reduced from 156 weeks down to 104 weeks.


•  


• Under the new system, an employee who receives surgery and returns to work with the same pay cannot receive permanent partial impairment benefits (PPI).


•  


• Private employers can opt out of the workers’ compensation system by offering employees an Employee Retirement Income Security Act (ERISA) type system instead, as long as that system provides equivalent benefits to injured workers. Only employers with a specified financial strength and loss experience will be able to exercise this option.


•  


• Claims for accidental injury or death and cumulative trauma must be filed within one year of the date of injury or death, down from two years under the previous system.


•  


• “Diagnostic” services are no longer covered by employers, but first aid, medical, surgical, hospital, optometry, podiatric, nursing, medicine, crutches, and other types of apparatus are covered.


•  


• The new law has revised the Oklahoma Workers’ Compensation Notice that employers must post in one or more conspicuous places at the work site. The notice must advise employees that they are covered by the Workers’ Compensation Act and that counseling services are available at the new OWCC. A new version containing all the state-required notifications is available on the state web site at www.govdocs.com.

 Contact a Tulsa Workers Compensation Attorneys about the New Workers Comp Laws in Oklahoma

            With all the uncertainty surrounding a change in the law, it is more critical than ever that employers and workers retain competent Tulsa Workers’ Compensation Attorneys to advise them of their rights under the law. Call today for a consultation.

New Workers Comp Laws in Oklahoma

http://www.kanialaw.com/lawyers-workers-compensation-tulsa-oklahoma-work-injury-attorneys/new-workers-comp-laws-in-oklahoma-2.htm

Tulsa Disability Lawyers and Denial of Social Security

Common Reasons for Denial of Your SSDI Application

We Can Help You Get Social Security Disability

            Social security disability insurance (SSDI) helps Oklahomans receive necessary income to pay life’s daily expenses, such as housing, clothing, food, and medical care. When applying for SSDI benefits, individuals must take into account the many factors that are considered when the Social Security Administration (SSA) reviews your application to determine if you are eligible for, and should receive SSDI benefits. Even if you truly believe you have a valid reason for needing SSDI benefits for either yourself or a loved one, you simply may not meet particular requirements that are essential for any applicant to receive SSDI benefits. If this is your situation you may need the help of one of our Tulsa Disability Lawyers.

In order to increase the chances that your application for SSDI benefits will be approved, you should be aware of the common reasons why your SSDI application may be denied, so that you can take steps necessary to prevent any one of those reasons from preventing you from receiving SSDI benefits. Common reasons why your SSDI application may be denied include, but are not limited to, the following:

• Your income is simply too high – Your income must fall below a certain number in order to be considered for SSDI benefits. Even if you are suffering financial difficulties, if your income through employment is too high, you will not be considered a candidate for SSDI benefits.


• Your disability is not long-lasting – In order to qualify for SSDI benefits, not only does your income have to be below a certain amount, but you also must prove that you have a current physical impairment that deems you disabled for twelve (12) months or longer. Injuries caused by automobile accidents or other personal injuries often do not result in long-term or permanent disability, but some do, and SSDI benefits can be crucial for those individuals who are truly disabled for the required period of time.


• Your application is incomplete – As with any application for government benefits, it is imperative that your application is thorough and complete, meaning that all I’s are dotted and all T’s are crossed. In essence, nothing can be left blank and all required documentation must be included. For example, financial records and medical records are documents that the SSA must review before determining whether or not you should be entitled to receive SSDI benefits. If you fail to submit medical records that document your long-term disability, it is probable that your SSDI application will be denied.


• Failure to communicate with SSA – Applying for SSDI benefits does not end with submitting an application. You must be ready, willing and able to communicate with SSA officials at any given time to provide the agency with supplemental documentation when requested. You also must keep your contact information up to date, such as a new address phone number, and/or email address, as most correspondence these days are communicated electronically. If the SSA is unable to make contact with you, your application for SSDI benefits may be denied.


• Failure to follow your treatment plan – As part of receiving SSDI benefits, you must make every effort to follow your doctor’s orders when it comes to physical therapy and other medical treatments that are necessary to bring you back to a functioning physical state. This requirement is a way for SSA to ensure that SSDI benefits are being given to only those individuals who truly need the financial support to care for themselves. If an individual simply no longer wishes to undergo physical therapy even though he or she is fully capable of doing so, SSA will consider this a valid reason to either deny benefits if they have not yet been granted, or cut short benefits that have already been granted.

How Tulsa Disability Lawyers Can Help You.

            Applying for SSDI benefits is extremely important for Oklahomans who can find no other way to meet day-to-day expenses. The application process is not easy and there is room to make many small mistakes that could result in the denial of your application. As such, allowing a qualified attorney to help you with the SSDI process is a very smart decision to make. When you are already physically disabled, you do not need the added stress of handling the SSDI application process on your own. By enlisting the legal services of a qualified Oklahoma SSDI Attorney, you will be rest assured in knowing that your attorney is looking out for your best interests.

Contact Tulsa Disability Lawyers Today

If you suffer from a disability, whether you meet a disability grid or not, and you disability is causing you not to go back to the work that you once help our Tulsa disability lawyers can help. We argue disability cases before the Social Security Administrative Judges so that you dont have to. Call us today and talk with one of our Tulsa disability lawyers today.

Tulsa Disability Lawyers and Denial of Social Security

http://www.kanialaw.com/tulsa-lawyers-2/tulsa-disability-lawyers-denial-of-social-security.htm

Tulsa Adoption Attorneys

Adopting a Child in Oklahoma – What You Should Know

Oklahoma families go through the adoption process on a regular basis, and if you have experienced this process before, you know just how confusing and stressful it can be to gain the rights to care for the child that you love. There are a variety of reasons why parents and families choose to adopt a child, and no two situations are ever the same. As such, the adoption process is not as predictable as many Oklahomans believe. Each parent or parents seeking to adopt a child should be aware that the individual circumstances of each case are thoroughly evaluated so it is very difficult to anticipate what the outcome will be. This is why it is extremely important to consider speaking with a qualified Tulsa Adoption Attorneys who will help you reach your goal of adopting a child.

Common Reasons Why Parents Adopt in Oklahoma

The reasons for choosing to adopt a child come in many shapes in forms. Many adoptions are uncontested, and the process is ultimately successful, while other adoptions may be contested by a biological parent, and this can make adoption more challenging. Many individuals choose to adopt a child for reasons including, but not limited to, the following:

• Parents are unable to conceive, and adoption is a way for them to raise a child;


• Step-parents have a close relationship with the other spouse’s biological child or children, and seeking adoption of the child or children would be in the best interest of the child(ren) and other family members involved;


• Parents wish to help a child in need who has either been abused or neglected, and adoption is a way to provide this child with the best chance possible for a healthy and successful life; and


• Single or married individuals seeking to adopt a blood relative, such as a niece or nephew who is in need of parental care.

Choosing to adopt a child is an extremely important life-decision that carries with it obligations, legal parental rights, and the ability to shape a child’s life forever. While there are numerous children in need of adoption, it is always important to make sure the adoptive parents and the child(ren) will be a good fit.

Why You Should Speak With Tulsa Adoption Attorneys

In Oklahoma, single or married individuals twenty-one (21) years of age or older may apply to adopt a child. While many people can apply to adopt a child, the adoption agency will look at factors including criminal history, income, job stability, as well as other aspects of the applicant’s life that will have an impact on the ability to financially and emotionally care for a child. Regardless of whether or not you have a criminal record, a steady job, or are married, you should not be discouraged from seeking adoption if you truly believe this is something you should pursue.

Given that all adoption agencies will thoroughly evaluate your application, you should not go through the adoption process alone. Many people who act impulsively and apply to adopt a child quickly find out that the application is incomplete, or required documentation was not provided. These little mistakes could make it very difficult for you to adopt. However, with the help of one of our Tulsa adoption attorneys , you will not be making those small mistakes that could result in denial of your application. Your attorney will handle most of the work and prepare you for what to expect. You will have peace of mind in knowing that you have not made a mistake, and having a complete and thorough application may increase the chances that you will be able to adopt a child in need.

Contact Our Tulsa Adoption Attorneys

If you need an attorney in Tulsa that can help you with a family law issue call us today. Whether its adoption, Child Custody, Divorce or any other family law issue we can help. Call our Tulsa adoption attorneys today and speak to one of our family law attorneys.

Tulsa Adoption Attorneys

http://www.kanialaw.com/tulsa-adoption-attorneys/adoptions-in-oklahoma.htm

Adoptions in Oklahoma

Adopting a Child in Oklahoma – What You Should Know

Oklahoma families go through the adoption process on a regular basis, and if you have experienced this process before, you know just how confusing and stressful it can be to gain the rights to care for the child that you love. There are a variety of reasons why parents and families choose to adopt a child, and no two situations are ever the same. As such, the adoption process is not as predictable as many Oklahomans believe. Each parent or parents seeking to adopt a child should be aware that the individual circumstances of each case are thoroughly evaluated so it is very difficult to anticipate what the outcome will be. This is why it is extremely important to consider speaking with a qualified Tulsa Adoption Attorneys who will help you reach your goal of adopting a child.

Common Reasons Why Parents Adopt in Oklahoma

            The reasons for choosing to adopt a child come in many shapes in forms. Many adoptions are uncontested, and the process is ultimately successful, while other adoptions may be contested by a biological parent, and this can make adoption more challenging. Many individuals choose to adopt a child for reasons including, but not limited to, the following:

• Parents are unable to conceive, and adoption is a way for them to raise a child;


• Step-parents have a close relationship with the other spouse’s biological child or children, and seeking adoption of the child or children would be in the best interest of the child(ren) and other family members involved;


• Parents wish to help a child in need who has either been abused or neglected, and adoption is a way to provide this child with the best chance possible for a healthy and successful life; and


• Single or married individuals seeking to adopt a blood relative, such as a niece or nephew who is in need of parental care.

Choosing to adopt a child is an extremely important life-decision that carries with it obligations, legal parental rights, and the ability to shape a child’s life forever. While there are numerous children in need of adoption, it is always important to make sure the adoptive parents and the child(ren) will be a good fit.

Why You Should Speak With Tulsa Adoption Attorneys

            In Oklahoma, single or married individuals twenty-one (21) years of age or older may apply to adopt a child. While many people can apply to adopt a child, the adoption agency will look at factors including criminal history, income, job stability, as well as other aspects of the applicant’s life that will have an impact on the ability to financially and emotionally care for a child. Regardless of whether or not you have a criminal record, a steady job, or are married, you should not be discouraged from seeking adoption if you truly believe this is something you should pursue.

            Given that all adoption agencies will thoroughly evaluate your application, you should not go through the adoption process alone. Many people who act impulsively and apply to adopt a child quickly find out that the application is incomplete, or required documentation was not provided. These little mistakes could make it very difficult for you to adopt. However, with the help of one of our Tulsa adoption attorneys , you will not be making those small mistakes that could result in denial of your application. Your attorney will handle most of the work and prepare you for what to expect. You will have peace of mind in knowing that you have not made a mistake, and having a complete and thorough application may increase the chances that you will be able to adopt a child in need.

Contact Our Tulsa Adoption Attorneys

If you need an attorney in Tulsa that can help you with a family law issue call us today. Whether its adotion, Child Custody, Divorce or any other family law issue we can help. Call our Tulsa adoption attorneys today and spek to one of our family law attorneys.

Adoptions in Oklahoma

http://www.kanialaw.com/tulsa-adoption-attorneys/adoptions-in-oklahoma.htm

Misdemeanors in Oklahoma

Understanding Misdemeanors in Oklahoma

Misdemeanors in Oklahoma are not the most serious of crimes, but they still can result in some pretty harsh consequences. Most Oklahoma individuals do have a general understanding that misdemeanors are more serious than infractions, but not as serious as felonies. However, it is still important to understand the different types of misdemeanors in Oklahoma and know what to expect if you or someone you know is ever charged with a misdemeanor. For example, if you recently moved to Oklahoma from another state, a crime that may be considered a felony in another state may be considered a misdemeanor in Oklahoma, or vice versa, given that all states have their own unique criminal laws.

Examples of Misdemeanors in Oklahoma

Criminal charges that are considered misdemeanors in Oklahoma include, but are not limited to, the following:

• Driving Under the Influence (DUI), and other tobacco or alcohol-related criminal charges;

• Leaving a child unattended in a car;

• Assault and battery (depending on the severity of the conduct);

• Unlawful possession of a firearm;

• Stalking;

• Simple drug possession, such as possession of a small amount of marijuana;

• Theft, shoplifting, trespassing, and other minor property crimes; and

• Juvenile crimes.

While the above-listed crimes may be considered misdemeanors, it is very important to remember that some of these crimes may be considered felonies depending on the specific nature and seriousness of the criminal charge in question. For example, assault and other violent crimes may be considered both a misdemeanor and felony depending on how serious the conduct is. If a weapon was involved in a particular assault charge, then the charge may be considered a felony. On the other hand, if the assault charge involved no weapon at all, it may be considered a misdemeanor and result in less serious consequences.

Penalty for Misdemeanors in Oklahoma

Many states classify their misdemeanor and felony crimes into different categories based on the severity of the crime, but in Oklahoma, a misdemeanor is simply a misdemeanor. The punishment for each misdemeanor conviction does vary based on the severity of the crime and unique facts of the particular charge, so there is no real need to classify one type of misdemeanor as “Class 1” versus “Class 2” or “Class 3.” Regardless of what misdemeanor you are charged with, you could be facing jail time of up to one year and a fine of up to $500. Most misdemeanor charges can be resolved without the need to impose jail time, but some individuals who do not have adequate legal representation may face jail time if they choose to represent themselves.

While misdemeanors are less severe than felonies, the consequences of a misdemeanor conviction can be just as detrimental as some felony convictions. For example, a potential employer may consider a prior misdemeanor marijuana possession conviction to be just as serious as a prior felony cocaine possession conviction. All employers, universities, landlords, and others will have different views on what they consider to be serious criminal activity.

Regardless of the nature or severity of an Oklahoma criminal charge, it is essential to retain an Oklahoma Criminal Defense Attorney who takes a criminal charge head on to help you reach the most favorable result possible given the individual facts and circumstances of your case. Any criminal charge that has the potential to harm your criminal record may become a plague that follows you around for years to come. With the help of a qualified Oklahoma Criminal Defense Attorney, you may be able to have your criminal charge dismissed outright or reduced to a lower criminal charge that will not result in harsh consequences.

Contact a Misdemeanors Attorney in Tulsa

If you need a criminal defense lawyer for either a misdemeanor or felony case call the trusted criminal attorneys at Kania Law Office. Call today and get a free consultation 918-743-2233

Misdemeanors in Oklahoma

http://www.kanialaw.com/criminal-defense-lawyers-tulsa-oklahoma/misdemeanors-in-oklahoma.htm

Illegal Search and Criminal Law

Illegal Search & Seizure: Know Your Constitutional Rights

The Fourth Amendment of the United States Constitution prohibits the power of law enforcement agencies to search your property, or seize your possessions without a valid warrant. This is called an Illegal Search.

Despite the Fourth Amendment, police officer routinely search individuals without the proper permission. If evidence is obtained from an illegal search and seizures, the evidence obtained will be held as unconstitutional and not be permitted into evidence during any criminal hearing or trial.

Contact our criminal defense attorneys in Tulsa if you believe that your Fourth Amendment Constitutional rights have been violated by an Illegal search. You can schedule a case consultation to find out what your legal options are and if you should retain counsel.

Fourth Amendment Exceptions

There are certain situations in which your Fourth Amendment rights may not apply. For instance, the warrantless search and seizure of your home, person, or vehicle may occur and may not be classiied as an illegal search under the following exceptions:

Consent

If you consent to letting the police officer search your home, your Fourth Amendment rights will not be totally protected. The area in which you permitted the police to search will not be protected, but any area within the vicinity of your home that you did not permit the police to search will be protected and if searched will consitute an Illegal Search.

You have the right to refuse any search the police request to make. If you refuse the search, and none of the other exceptions below applies, the police will be required to obtain a warrant to search your property if not this will consitute an Illegal Search.

If you grant the police officer permission to search your home, vehicle, or person, and he/she finds incriminating evidence against you illustrating that you have committed a crime, or in the process of committing a crime, you will be arrested and charged accordingly.

For example, a recent example of the “consent exception” occurred in Illinois. Accused killer Nathan Leuthold claimed he did not agree to let the police search his home, laptop, or car after his wife was found dead in a Mossville Avenue home. The prosecution has challenged his claims, and the judge’s determination of the search can result in the evidence being possibly excluded from the trial.

Search Incident to Lawful Arrest

If you are taken into police custody for committing a crime, the police officer can search your person immediately following the arrest if he/she reasonably believes your person possess evidence of the alleged criminal offense. If the arrest occurs in your home or vehicle, then the police’s search is limited to your immediate vicinity to check for evidence. For example, if you are arrested in the basement of your home, the police cannot go and search the attic for evidence if there are no facts that indicate criminal activity has occurred there. If they do this will constitute an Illegal Search.

Plain View Exception

If a police officer is lawfully in a public or private place, he/she can seize any incriminating evidence that is in plain view. For example, if a police officer is walking down a public walkway and sees marijuana in the front seat of your vehicle, the officer may seize the evidence and arrest you for the possession of a controlled substance.
 Exigent Circumstances

Under exigent circumstances, a police officer can search your person or property without a warrant. The exigent circumstances exception is only applicable to prevent danger to life, to prevent serious damage to property, forestall your escape, or the destruction of evidence.

Probable Cause

An officer must have probable cause to search your person, home, or vehicle. Probable cause arises if the officer reasonably believes that you are in the process of committing a crime, or have recently committed a crime. If the officer lacks sufficient facts to illustrate a reasonable belief, the evidence against you will be dismissed.

Protective Sweep

Finally, if a police officer arrest you inside a dwelling, he/she can conduct a protective sweep to secure the dwelling upon arresting you. If the office discovers incriminating evidence during the protective sweep, it can be used against you.

Contact a Tulsa Criminal Defense Attorney

Contact our criminal defense attorneys in Tulsa if you have been charged with a crime. We can help you obtain a favorable result to avoid jail/prison time. Call Kania Law Office 918-743-2233

Sources

Accused killer Nathan Leuthold claims he didn’t agree to police search

Illegal Search and Criminal Law

http://www.kanialaw.com/tulsa-criminal-attorneys/illegal-search-criminal-law.htm

Common Forms of Nursing Home Abuse

Tulsa Nursing Home Neglect Attorneys

In 2012, over 1.3 million Americans resided in a nursing or adult care facility. By 2013, that number had climbed to over 3.3. million. With the Baby Boomer generation aging and increasingly requiring outside care, the number of individuals in nursing homes is expected to continue to grow exponentially. In fact, it is believed that by the end of this year, one in seven people over the age of 65 will enter a nursing home facility.

Unfortunately, with this increase in the number of nursing home residents, rates of nursing home abuse are likely to climb as well. Currently, studies show that reports of abuse, ranging from financial to physical or verbal, are made in one out of three nursing homes. In Oklahoma, where 317 nursing homes exist, many are receiving a failing grade. Oklahoma ranked 48 out of 51 states in providing safe and quality nursing home care. Sadly, statistics on nursing home abuse are widely inaccurate as thousands of cases go unreported in Oklahoma alone each year.

 Given the inability of some nursing home residents to communicate they are being abused, it is important that family members of nursing home residents be vigilant in looking for signs of abuse. The following is a list of the most common forms of nursing home abuse. It is our hope that armed with the knowledge of the forms of abuse to look for, you can protect your loved one and other nursing home residents from abuse. If you susupect that a loved one has been abused in a Nursing Home call our Tulsa Nursing Home Neglect attorneys at 918-743-2233

1. Physical Abuse: Approximately 25% of all nursing home abuse consists of physical abuse. Physical abuse is defined as the infliction of injury upon the nursing home resident or threat of physical harm. Physical abuse can also include the withholding of food, exercise, fluids, or medication.


2. Emotional or Psychological Abuse: This form of elder abuse is quite common, accounting for 36% of all cases. Emotional or psychological abuse involves the infliction of pain, distress, or misery by verbal or non-verbal means. This form of abuse can be difficult to detect because it does not leave a physical scar.


3. Sexual Abuse: Incidences of sexual abuse in nursing homes have been well documented. Often, the nursing home staff is found to have committed this atrocious act.


4. Abuse Through Neglect: This is the most common form of nursing home abuse, comprising nearly half of all cases. Neglect of an elder’s needs includes the failure to provide adequate nutrition, shelter, hygiene, including oral care, and security.


5. Financial Exploitation: Financial fraud is another common type of nursing home abuse. Nursing home residents are entirely reliant upon their caregivers, which makes them vulnerable to fraud. Financial exploitation can occur in a number of ways. Some of the most common financial exploits include theft of resident’s bank cards, identity theft, and overreaching in the form of requesting gifts or funds. Healthcare fraud is another issue, wherein caregivers charge for medical services that were never performed. This type of fraud is not only criminal, it is dangerous to residents as it may result in them not receiving the medical care they need.

Any suspected nursing home abuse should be immediately addressed. All nursing home residents have the right to be free from abuse and neglect, and to receive proper medical care. There are legal options available when your loved one is abused or neglected in a nursing home.

Contact our Tulsa Nursing Home Neglect Attorneys

If you or a loved one may have been the victim of nursing home abuse in Oklahoma, the Tulsa Nursing Home Neglect Attorneys at Kania Law Office can help. Call our Tulsa office (918) 743-2233 to schedule a free consultation to discuss your options for pursuing a full recovery.

 

Common Forms of Nursing Home Abuse

http://www.kanialaw.com/tulsa-nursing-home-neglect-attorneys/common-forms-nursing-home-abuse.htm

Oklahoma DUI Defenses

Oklahoma DUI Defenses – Tulsa DUI Attorneys

In Oklahoma, drinking then getting behind the wheel of a motor vehicle can lead to serious consequences. You can be criminally liable under four different Oklahoma statutes, and face civil liability as well.  With the assistance of one of our experienced Tulsa DUI Attorneys, however, you can mount a successful defense to a charge of driving while under the influence of alcohol.

Driving Under the Influence of Alcohol (DUI) in Oklahoma

 The crime of driving under the influence of alcohol in Oklahoma is set out in 47 O.S.§ 11-902.  Under this provision, an individual can be convicted of a DUI if he or she drives a motor vehicle on public roads, streets, highways, turnpikes, or other public places, or upon any private street, road, alley, or lane which provides access to a single or multi-family dwelling, and:

• Has a blood or breath alcohol concentration of .08 or more at the time of testing or up to two hours after arrest;


• Is under the influence of alcohol;


• Is under the influence of any intoxicating substance that may render a person incapable of safe driving;


• Is under the influence of alcohol and an intoxicating substance that may render a person incapable of safe driving.

Punishment for the Offense of Oklahoma DUI

 A first offense DUI is considered a misdemeanor, punishable by up to one year in jail and not less than 10 days in jail, and a fine of up to $1,000.  You also face additional court costs, driver’s license suspension, and possible electronic monitoring or use of an interlock device.  Upon conviction for a subsequent DUI, you can face felony charges.

Defenses Against a Charge of Oklahoma DUI

Due to the serious consequences of a DUI conviction, those facing the charge should act quickly to secure the representation of an experienced Tulsa DUI Attorneys who will mount a strong defense.  The following is a list of just a few possible effective defenses against a charge of DUI.  Your defense attorney can provide further insight into the best defense for your case.

• The arresting officer(s) did not follow proper procedures: An Oklahoma drunk driving investigation should by law be safeguarded by a vast number of procedures that an officer must follow in order to convict you of DUI. These range from the initial finding of probable cause that is required before the officer can stop your vehicle, to reading your Miranda rights prior to questioning you. Knowledgeable Tulsa DUI attorneys will review the entire circumstance of your arrest and raise any procedural challenges which could require dismissal of the charge.


• Attacking the alleged driving pattern: When prosecuting an Oklahoma DUI case, one of the first things a prosecutor will focus on is your driving pattern, attempting to elicit testimony from the arresting officer that your driving was consistent with someone who was under the influence. An effective defense can include attacking the alleged driving pattern, which can be accomplished by eliciting testimony as to all the ways you drove properly and safely, in addition to pointing out the many driving infractions committed by sober people.


• Challenging the Breathalyzer or blood test evidence: Your experienced DUI defense attorney can challenge the administration of or the actual results of the Breathalyzer or blood test. Officers must comply with a variety of procedures in obtaining the Breathalyzer and blood test evidence. Further, the maintenance of the testing instruments and the collection, handling, and storage of the tests can all lead to inaccurate results. A successful challenge on these grounds can result in suppression of the evidence against you and acquittal from the charges.

Contact One of Our Tulsa DUI Attorneys

If you are facing DUI charges in Oklahoma, the Tulsa DUI Attorneys at Kania Law Office can help.  Call our Tulsa office (918) 743-2233 to schedule a free consultation to discuss your DUI defense options.

Oklahoma DUI Defenses

http://www.kanialaw.com/tulsa-dui-attorneys/oklahoma-dui-defenses-2.htm

Traffic Ticket Attorneys

Traffic Ticket Attorneys – The Consequences of Ignoring a Traffic Ticket in Oklahoma

We Fight Oklahoma Traffic Tickets

Traffic tickets are a common annoyance that many Oklahoma citizens must deal with, whether the ticket is simply a parking ticket, a citation for defective equipment, such as a burned out tail light or head light, not wearing a seatbelt, or a speeding ticket.  The biggest mistake many Oklahomans make is to ignore a traffic ticket. Don’t ignore a traffic ticket call our Tulsa traffic ticket attorneys today!

In Oklahoma, a court date is automatically scheduled for any traffic ticket.  If you wish to pay the fine, you are essentially pleading guilty to the charge.  Depending on how serious the traffic ticket is, the charge may or may not stay on your record.  If the traffic ticket is not a speeding ticket, it is considered an infraction and does not go on your record.  Some speeding tickets are treated the same and do not appear on your record, however, most speeding tickets do appear on your record if you plead guilty to them and you accumulate points that could harm your driving record.

To understand the seriousness of ignoring a traffic ticket, even a very minor one, consider this brief account of one Oklahoma citizen.  A woman received a citation for not wearing her seatbelt.  She decided the ticket wasn’t such a big deal and never paid the fine as she had never received any other traffic ticket before in her life.  Unbeknownst to her, a warrant was issued for her arrest when she failed to pay the fine and missed her court date.  She learned about the warrant when she was pulled over for having a burned out tail light.  When the police officer that pulled her over told her that she was under arrest, she was shocked and frightened.  She had never broken a law in her life, aside from not paying what seemed to be an insignificant traffic ticket.

The woman was taken to jail and her husband had to pay a bond to bail her out.  After experiencing being put in handcuffs and sitting at the police station to wait for her husband, this woman immediately contacted a Tulsa criminal defense attorney.  She knew then that she would never ignore a traffic ticket again and was an even more careful driver.  With the help of an attorney, this woman was able to take care of this ticket without having it appear on her record that she was arrested.  If she had not obtained an attorney, and simply pursued a resolution on her own, the arrest would still be on her record.

Suppose instead of a traffic ticket, this woman had received a speeding ticket for going 20mph over the speed limit in Oklahoma.  The consequences of ignoring a ticket like this would be much worse, and this woman could have faced some jail time.  Traffic tickets should be treated like any other crime.  If you take care of them right away, you will be saving yourself trouble down the line.

More importantly is those tickets that the Oklahoma citizen thinks is insignificant but really upon pleading guilty and paying the fine this same citizen later learns that such a guilty plea automatically ends up in the drivers license being suspended for a year or more. A simple example of this kind of ticket is speeding in a school zone or reckless driving.

Contact One of Our Traffic Ticket Attorneys in Tulsa

If you have received a traffic ticket of any kind, it is best to contact an attorney as soon as possible, especially if you have received a speeding ticket.  With the help of our traffic ticket attorneys at Kania Law Office, you could have your speeding ticket reduced to a charge that does not add points to your driving record.  Be sure to act fast as missing a court date will result in a warrant for your arrest.  Our experienced Tulsa traffic ticket attorneys can help you avoid going to court and can negotiate with the prosecutor to potentially have the charge removed from your driving record.  For a free consultation to have one of our attorneys evaluate your case, contact our office today by calling (918) 743-2233.  The Kania Law Office provides services in both English and Spanish.

Traffic Ticket Attorneys

http://www.kanialaw.com/criminal-defense-lawyers-tulsa-oklahoma/traffic-ticket-attorneys.htm

Tulsa Guardianship Attorneys

 

Emergency Guardianship of a Child in Oklahoma: How the Process Works

The health, physical and emotional welfare of children is extremely important in Oklahoma.  Whenever there’s a possibility that a child is being mistreated in any way, the matter typically goes to court, and the judge will always use what’s called the “best interests of the child standard” to determine whether or not a child should continue to live in his or her current place of residence. For more information regarding emergency guardianships you need help from experienced Tulsa guardianship attorneys.

Tulsa Guardianship Attorneys – Oklahoma Laws

Under Oklahoma law, a guardian may be appointed where a judge determines that it is “necessary or convenient” to do so in order to protect the child’s best interests.  A guardian is one who submits a petition to a court asking the court to allow the guardian to have control over the child and the child’s property.  This often occurs when the child’s current legal guardian (a parent, grandparent, step-parent, aunt/uncle, or foster parent) is unable to adequately care for the child.

How To Gain Guardianship in Oklahoma

If you wish to become a child’s guardian, you must (1) fill out official paperwork with the court; (2) request that a judge appoint you as the child’s guardian; and (3) attend a court hearing to explain to the judge why you should be appointed as guardian of this child.  Becoming a guardian is no easy task.  You must have the requisite documentation and evidence to demonstrate that you are a more suitable fit to be the child’s guardian than his or her current legal guardian.  For example, if you have evidence the child is being abused or other wise faces immediate risk of harm and you can prove this to a judge, this will strengthen your argument that you are fit to be the child’s guardian.

If you do become a child’s guardian, you would be responsible for enrolling the child in school, overseeing the child’s medical treatment, day care (depending on the child’s age), and ensuring that you are addressing the overall needs of the child, such as whether the child is properly clothed, has nutritious food, and has a safe and comfortable home to live in.  Childhood is the most important stage of development and guardians can substantially help in making sure a child is on the right path to adulthood.

A court will always consider the biological parent(s) first when determining legal guardianship.  However, when the biological parents are unfit to care for the child, a court will consider other individuals who can prove they are better able to make important life decisions for the child.  It is important to note that a guardian does not always have legal custody of a child and is not considered to be an adoptive parent.  It is certainly possible that an appointed guardian can obtain legal custody of the child and possibly adopt the child in the future.

Contact Our Tulsa Guardianship Attorneys

If you wish to become a child’s guardian, or if you are a parent of a child and there is another individual seeking to become the guardian of your child, you need to speak with our Tulsa Guardianship attorneys.  At Kania Law Office, our qualified Tulsa guardianship attorneys have devoted a large part of their practice to dealing with family law matters, including guardianship.  You will need an attorney to help you through the process of petitioning to become a guardian, or to challenge another’s petition to become the guardian of your child if you feel you are fit to be the child’s current legal guardian.  Family law matters can be emotional and stressful.  Our law office will streamline the guardianship process for you and help you make your case as to why you should be appointed guardian of a child, or if you are the child’s current legal parent, why someone else should not be the child’s guardian.  Call our Tulsa Attorneys at Kania Law Office today to schedule a free consultation to discuss your case.  You can reach us at (918) 743-2233.  We offer bilingual services in English and Spanish.

Tulsa Guardianship Attorneys

http://www.kanialaw.com/family-lawyers-tulsa-oklahoma/tulsa-guardianship-attorneys.htm

Tulsa Immigration Attorneys

Coming to the United States – Ways to Enter the Country Lawfully by Obtaining a Visa

Millions of people around the world want to visit or live in the United States.  Being in the United States offers individuals countless opportunities, citizens and non-citizens alike.  Whether you want to come to the United States to visit the Empire State Building, the Golden Gate Bridge, the Grand Canyon, or if you want to come to the United States to live permanently, there are procedures you must follow in order to comply with immigration laws. If you need information regarding entering the United States our Tulsa immigration attorneys can help

In the United States, individuals seeking to visit or live in this country must go through the United States Citizenship and Immigration Services (USCIS).  Unfortunately, the large influx of illegal immigration has lead lawmakers to make it much more difficult for many foreign nationals to enter the United States.  There are many different ways to enter the United States, both temporarily and permanently.  With most visas, you need to have someone, or some entity currently in the United States, “sponsor” you.

Visitor Visas To The United States

If you want to simply visit the United States, a visitor or “tourist” visa is the right fit for you.  In order to obtain a visitor visa, you must apply prior to visiting.  This can take anywhere from a few weeks to a few months, depending on what your country of origin is.  Citizens from some countries are exempt from the visitor visa requirements.

Student - Work Visas

If you wish to attend a college or university in the United States, a student visa may be acquired.  Just like with visitor visas, you must apply for a student visa prior to entering the United States.  With student visas, there are circumstances where an interview may be required, but not always.

Maybe you are seeking to work in the United States.  You may be able to obtain a temporary worker visa.  This involves a similar process required to obtain a student visa, but additional documentation is often required to prove that you in fact will be working in the United States.

Tulsa Immigration Attorneys – Green Cards

Many immigrants who obtain temporary visas for tourism, education or employment decide they want to stay in the United States on a permanent basis.  It is often difficult for these individuals to obtain lawful permanent resident or “green card” status, as it is often called.  There are significant additional requirements to reach this status.  Many individuals seek to bypass the requirements and stay in the United States unlawfully.  If these individuals leave the United States after staying in the country beyond the time allowed from their visa, they may have difficulty re-entering the country.

Obtaining a green card (which is not really green despite popular belief), requires immigrants to apply and have someone, typically a family member, fiancé, spouse, or an employer “sponsor” the immigrant seeking permanent resident status.  Getting married to an American citizen and obtaining a family visa is a common way for immigrants to obtain immigrant status and the USCIS is very strict in ensuring that the marriage is legitimate, as oftentimes, marriages are considered to be a “sham” where an immigrant marries only for the purpose of becoming a permanent resident.

Contact our Tulsa Immigration Attorneys

The overall process to obtain a temporary visa or to obtain permanent resident status can be confusing and daunting.  Speaking with an experienced immigration attorney can clear up any questions or uncertainties you may have.  Our Tulsa immigration attorneys at Kania Law Office are extremely knowledgeable in the area of immigration and are here to make the process of obtaining a visa and potentially permanent resident status as smooth as possible.  Our attorneys can determine if the United States has special requirements for citizens from your home country.  Whatever questions you may have about obtaining a visa or the immigration process in general, our seasoned Tulsa immigration attorneys are here to help.  Call our Tulsa Law Office today at (918) 743-2233 for a free consultation.  We offer services in both English and Spanish.

Tulsa Immigration Attorneys

http://www.kanialaw.com/lawyers-tulsa-oklahoma-immigration-attorneys-visa-attorneys-tulsa/tulsa-immigration-attorneys.htm

Nursing Home Negligence Attorney in Tulsa

Wheelchair Usage and Stand-By Assistant in Oklahoma Nursing Homes

Nursing Home Negligence and its impact on elderly residents:

Nursing homes are a necessary haven for many ill and injured elderly Oklahoma citizens.  These patients deserve a high level of care that they often do not receive due to nursing home negligence.  Many nursing home residents must use wheelchairs on a daily basis in order to move about the nursing home.  Therefore, it is imperative that nursing home staff are always paying attention and assisting those residents that need wheelchairs in order to get from point A to point B.

Examples of Oklahoma Nursing Home Negligence

In Oklahoma, nursing home staff must provide a certain level of assistance to patients who are getting in and out of their wheelchairs.  This is often referred to as “stand-by assist.”  Patients who must use wheelchairs to move among the nursing home typically are not capable of getting up and down or in and out of the wheelchair without the assistance of nursing home staff.  These people need continuous and around-the-clock care in order to properly function on an everyday basis. Without this help you may be a victim of nursing home negligence.

All too often, patients are neglected and left to fend for themselves.  Many nursing homes are understaffed and this leads to many patients taking it upon themselves to get in and out of bed without help.  For example, a patient who is staying in a nursing home to recover from having hip replacement surgery needs the assistance of a nursing home staff member in order to get to the bathroom, or to get a box of tissues from across the room.  If this person has no help, he or she is more likely fall and injure him or herself even worse.

 The feeling of helplessness can be unbearable for many people, especially those that need wheelchairs in order to get through their daily lives.  When nursing home staff are not available to offer stand-by assistance to those patients with wheelchairs, they are essentially neglecting those patients and opening the door to those patients taking matters into their own hands.  Instead of a nurse helping a patient get up and out of a wheelchair, that patient will simply try to stand up and try his or her best to grab that tissue or to make it to the bathroom.

Nursing home patients don’t deserve to be left alone.  Reform is needed in the nursing home industry to end nursing home negligence, but it is unfortunately coming at a slow pace.  Great changes are being made to educate nursing home staff and create standard procedures that will ensure patient safety is of utmost importance, however, too many accidents are happening, too many patients being neglected, and too many patients are falling out of wheelchairs.  Many patients are not able to speak for themselves, and if they do speak, they may not be listened to.  The term “nursing home” should be precisely what it is purported to be – a place to “nurse” one back to health.  Patients cannot be “nursed” back to health until the proper standard of nursing home care is being following.

Contact a Tulsa Nursing Home Negligence Attorney

If you or a loved one has suffered an injury as a result of nursing home negigence, contact our diligent and skilled attorneys at the Kania Law Office today for a free consultation.  Nursing home personnel have a duty to ensure patients are receiving quality care.  When this duty of care is breached, innocent people suffer severe harm that leads to permanent damage or even death in some cases.  Allow our firm to help you get the compensation you deserve.  To schedule your free case evaluation, call us at (918) 743-2233. and speak to one of our Tulsa Personal Injury Attorney You may also schedule an appointment by filling out this online form.  Our office provides bilingual services in both English and Spanish.

Nursing Home Negligence Attorney in Tulsa

http://www.kanialaw.com/tulsa-oklahoma-personal-injury-attorneys-car-accidents-wrongful-death-work-injury-lawyers-tulsa/nursing-home-negligence-attorney-in-tulsa.htm

Criminal Statute of Limitations in Oklahoma

Statute of Limitations for Oklahoma Drug Charges

    Oklahoma prosecutors have a limited period of time in which to press criminal drug charges against an individual.  This allows police and the prosecutor sufficient time to determine if probable cause exists to formally charge someone with a drug crime.  Oftentimes, with drug charges, it could take a prosecutor up to one year or even longer to get probable cause.  This is because recovered drugs must be sent to a lab and analyzed before there is confirmation that a drug is an illegal controlled substance. If the charge isn’t brought within a certain time the criminal statute of limitations may apply.

    Whether the drug charge is a misdemeanor possession of marijuana charge or felony possession of a controlled substance, the state has up to three years to press charges.  However, this three year statute of limitations period is not effective when the person to be potentially charged is not a resident of Oklahoma or the person is outside the state of Oklahoma.  This means that you essentially need to remain in the state of Oklahoma for the three years to add up day by day.  Once you leave the state, the counting towards those three years statute of limitations in Oklahoma ends and will restart upon your return.

    It is often much easier to determine that marijuana is in fact marijuana, so charges for marijuana possession might be brought much quicker once the prosecutor has probable cause to do so.  On the other hand, with cocaine, methamphetamine and other controlled substances, it could take a very long time to be charged.  If someone who believes he or she may be charged with felony possession of a controlled substance, it is best to contact an experienced criminal defense attorney who specializes in drug crimes, because if you ignore the possibility of the charge, you may be setting yourself up for trouble.

 Ignoring a potential charge by leaving the state or continuing to commit unlawful conduct will only make the charge more serious if you in fact end up being charged with the crime.  By seeking legal advice early on, the attorney can prepare you for what to expect, what you should do in the meantime to stay out of trouble, and the attorney can perhaps get the drug possession charge negotiated down to a lesser charge if the accused takes care of the issue right away.  Prosecutors are likely to make some sort of negotiated deal for individuals without criminal records, giving them a second chance to avoid breaking the law in the future.

How Long Before The Police Have to Bring The Drug Charge in Oklahoma

Because it is always unclear as to when you may be charged with a drug possession crime, it is best to lay low, stay out of trouble and show that you are of good moral character and are capable of rehabilitation without jail time or hefty fines.  Many people believe that if they haven’t been charged six months after being arrested for suspected possession, that they are in the clear and no charges will ever be brought.  Unfortunately, the law is not always clear and Oklahoma citizens would likely not know what the statute of limitations period is without researching it themselves.  Hopefully, this information will help you or a loved one be prepared for what could be a stressful time.  However, with the help of an attorney, the stress will be much less than it would be upon unexpectedly being arrested and formally charged with a drug possession crime.

Contact A Tulsa Drug Lawyer Regarding The Statute of Limitations on Your Drug Charge

If you believe a charge may be filed against you for a potential crime, contact the Kania Law Office today and allow our highly experienced criminal defense attorneys evaluate your situation.  Our criminal attorneys can offer guidance on what steps you may need to take in order to prepare for a potential criminal charge.  Contact our office today to schedule a free consultation by calling (918) 743-2233, or fill out this online form and someone from our legal team will get back with you as soon as possible to schedule your free consultation.  Kania Law Office provides bilingual services in both English and Spanish.

Criminal Statute of Limitations in Oklahoma

http://www.kanialaw.com/criminal-defense-lawyers-tulsa-oklahoma/criminal-statute-of-limitations-in-oklahoma.htm

Tulsa County Divorce Information-Family Lawyers

 

Oklahoma Divorce Rate One of Highest in the Country

The United States as a country has a very high divorce rate.  The Oklahoma divorce rate is is one of the largest in the country.  In 2012, Oklahoma divorce rate was ranked third, behind Nevada and Maine, as having one of the highest divorce rates, at 12.9%.  More recent statistics show that

Oklahoma has 13 divorces per 1,000 marriages per year.  Divorce is a stressful process that is unfortunate for many couples, but may also be a necessary step for both ex-spouses to prosper in the future.  Some marriages simply do not work out and end in divorce.

Why is The Oklahoma Divorce Rate So High?

It is relatively easy to get a divorce in Oklahoma as compared to other states.  This may be one reason why the divorce rate is high, however, if we look at the underlying reasons for divorce, we see that many couples get married at a young age, before they are really ready.  Here are a few reasons why Oklahomans are divorcing at such a high rate:

• 
  

  Getting married too young, typically from 20-22 years of age;

  
  


• 
  

  Infidelity;

  
  


• 
  

  The need to satisfy family members and “settle down”;

  
  


• 
  

  Inability to compromise; and

  
  


• 
  

  Marrying without really considering the consequences or really knowing the other spouse

  
  

Whatever the reason may be for getting a divorce, the Oklahoma divorce rate is gaining attention for being a “divorce state.”  This is not good for the state’s reputation, but it is important to remember that there are times when a divorce is essential to resolving issues among ex-spouses.

Take one Oklahoma woman’s story as an example.  A 25-year-old woman thought she was marrying the man of her dreams.  Little did she know, her spouse-to-be already had a family of his own in another state.  They were able to marry without the state of Oklahoma being aware of the other marriage.  The young woman and her husband had two children, and it took four years before the young woman became aware of her husband’s other family.  This reality took a toll on the young woman and she felt if her husband was lying about something so serious, how could he be telling the truth about anything else?  In this woman’s case, a divorce was necessary for her to move on with her life and protect her children.  This story is just one of many that lead to people getting divorced in Oklahoma.

Feelings About Oklahoma Divorce

Divorce should not be seen as shameful, but at the same time, Oklahoman’s need to look at the underlying causes of divorce to see if it’s possible to take the steps necessary to truly prepare for being married, really know the other person, and think about why you are actually getting married.  There’s an assumption that if you aren’t married by a certain age, then something must be wrong.  This simply is not the case.  All people are different and there is not one standard guideline that fits everyone’s life situation.  While the Oklahoma divorce rate is high in Oklahoma, don’t let this scare you away from getting married in the first place, and don’t let it make you believe that if you are currently married, you are doomed to be divorced.

Contact a Tulsa, Oklahoma Divorce Attorney

If you are considering filing for divorce, or if you have already filed for divorce and requires a modification of your divorce, call the Kania Law Office today and allow our highly skilled family law and divorce attorneys evaluate your case.  A divorce involves much more than a decision to legally end a marriage.  You need a hard-working attorney on your side to defend what you own and what you are entitled to following a divorce.  Call our office to schedule a free consultation.  We are located in Tulsa, Oklahoma and can be reached by calling (918) 743-2233.  You may also fill out our online form and one of our legal staff members will respond to you as soon as possible.  The Kania Law Office provides our clients with the best service possible, offering legal advice in both English and Spanish.

Tulsa County Divorce Information-Family Lawyers

http://www.kanialaw.com/family-lawyers-tulsa-oklahoma/tulsa-county-divorce-information-divorce-lawyers.htm

The Right to Remain Silent in Criminal Cases

What is Miranda ( The Right To Remain Silent ) and how can it help me?

Miranda, or ones right to remain silent, states that the prosecution through the Police may not use statements made by individuals when they are said to be in custodial custody without first being  read their miranda right to remain silent.  Miranda is a precautionary rule that serves to protect the Fifth Amendment rights ( Right not to self incriminate  and be represented by an attorney) of suspects within criminal cases.  However, Miranda is only applicable when the suspect is in custodial custody and applies to interrogations of the suspect  Custody, as defined by the law, is when a suspect is questioned by law enforcement agents and deprived of his or her rights to the freedom of action in a significant way.  Interrogation can be defined by either express questioning by law enforcement agents or its functional equivalent that the officers should know would reasonably elicit incriminating responses from the suspect.  If there is custody and interrogation, Miranda

Your right to Remain Silent

must as a matter of law be recited to the suspects.

Miranda protects your right to remain silent and the right to counsel.  Both of these constitutional rights however may be waived through an effective Miranda waiver.  An effective Miranda waiver is a relatively tough burden for the government to prove.  Furthermore, the burden is a preponderance of the evidence and can be analyzed through the totality of circumstances surrounding the custodial interrogation by Police.  The waiver must be an intelligent, knowing, and voluntary relinquishment of the Fifth Amendment constitutional rights.  If the government can successfully prove that the suspect satisfied the standard for fulfilling an effective Miranda waiver, a signed form acknowledged by the suspect will be taken.

Subsequent to a suspect invoking his or her right to remain silent and right to counsel, law enforcement may reinitiate the interrogation under limited circumstances.  If the suspect has invoked his or her right to remain silent, the officers may only re-initiate interrogation if the officers have scrupulously honored the suspect’s invocation of the right to remain silent.  The officers have most likely established that they have scrupulously honored the suspect’s right to remain silent if they have provided a reasonable cooling off period.  However, if the suspect has invoked his right to counsel, the officers may only reinitiate the interrogation if counsel is present, fourteen days have passed, or the suspect has decided to come forth on his or her own free will with the presence of an attorney.

Overall, Miranda is a safeguard that seeks to protect suspects during custodial interrogations from the inherently coercive nature that can be utilized by the Police.  Suspects must be given the opportunity to be read their constitutional rights through Miranda and should be cognizant about utilizing such rights. The moral of the story is this…You have the right to remain silent so use it

Contact a Criminal Defense Attorney in Tulsa Oklahoma

If you have been arrested and charged with a crime and need a Tulsa Oklahoma Criminal Defense lawyer call Kania Law Office today. We offer our clients a Free consultation with a criminal defense attorney

The Right to Remain Silent in Criminal Cases

http://www.kanialaw.com/criminal-defense-lawyers-tulsa-oklahoma/the-right-to-remain-silent-in-criminal-law-cases.htm

Can I File Workers Compensation in Tulsa Oklahoma

Oklahoma Workers’ Compensation Law is a No-Fault System

Unlike the tort system, where you are able to file suit against someone who is at fault for causing you harm, such as a personal injury action, a nursing home negligence action, or a medical malpractice action, the workers’ compensation system does not take into account fault when assessing what benefits an injured or ill employee is entitled to.  If fault was a part of determining whether workers’ compensation benefits should be given, Oklahoma would have very few workers left. Fro free information call our Oklahoma work injury attorneys today.

Purpose of Oklahoma Work Injury Law

Mistakes are bound to happen on the job.  In order to get Oklahoma citizens healthy after they suffer injuries and illnesses in the workplace, there must be a system that looks only at the following:

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  What Work injuries and/or illnesses are at issue;

  
  


• 
  

  What medical treatment is necessary;

  
  


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  The cost of the needed medical care;

  
  


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  The amount of lost wages; and

  
  


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  How long employees are anticipated to be out of work and how much Temporary disability is owed to the Injured worker

  
  


• Amount of PPD owed to the injured worker

Oklahoma Work Injury Attorneys and Lawsuits

The workers’ compensation system simply would not work if fault was assessed.  Many people typically think of a lawsuit that goes to trial and there is a plaintiff and a defendant, much like what you may see on American television shows.  While there certainly are situations where lawsuits are filed by employees against employers or co-workers for injuries that may have been suffered on the job (such as situations where intentional harm is done), most cases of workers’ compensation only look at what the injury is and what the employee needs in terms of compensation in order to get better.

It’s possible that you may have been at fault for your own injury, or maybe your employer or a co-worker was at fault, however, you will still be receiving your workers’ compensation benefits.  Taking fault into consideration would only make the workers’ compensation process longer, make the workplace inefficient, and people would be afraid they would get in trouble for any potential mistake that may lead to an employee being injured while on the job.  Mistakes are inevitable and workers’ compensation allows for room to make mistakes.  Plus, sometimes injures turn out to be nobody’s fault, and is simply a potential consequence of any job that an employee may undertake.

Goal of Oklahoma Work Injury

The Oklahoma workers’ compensation program has the key goal of helping its citizens get back to work as quickly as possible.  In order to achieve this goal, fault must be taken out of the equation.  It is still important to take all steps necessary to encourage a safe workplace in an effort to avoid injuries and illnesses that can be prevented.  But, workers can be rest assured that as long as there is no intentional conduct to harm another employee (such as getting in a fist fight), any workplace accident is eligible for compensation from the employer’s workers’ compensation insurance carrier, as required under Oklahoma law.

Contact a Tulsa Oklahoma Work Injury Attorney

If you have suffered a workplace injury, contact our qualified Oklahoma work injury attorneys at  Kania Law Office.  Regardless of who is at fault for your injury, you are entitled to workers’ compensation benefits under Oklahoma law if you were injured while on the job or acquired an illness in the workplace.  Our Oklahoma work injury attorneys will evaluate your case and help you get the benefits you deserve after considering each and every fact.  Call Kania Law office today for a free consultation.  We can be reached at (918) 743-2233 to schedule your free consultation, or you may schedule your free consultation by filling out this online form.  Our legal term provides bilingual services in both English and Spanish.  Kania Law Office is here to help you get back on your feet and back to work.

Can I File Workers Compensation in Tulsa Oklahoma

http://www.kanialaw.com/lawyers-workers-compensation-tulsa-oklahoma-work-injury-attorneys/can-i-file-workers-compensation-in-tulsa-oklahoma.htm

Dog Bite Lawyers

The Importance of Dog Leash Laws in Tulsa, Oklahoma

We all love our furry friends and want to feel safe when walking them around the neighborhood.  Most people think about dog bites as being the most dangerous aftermath of a dog not properly being leashed when not on its own property.  However, it is equally dangerous when a dog is being walked without a proper leash, or being walked by someone who is not the dog’s owner. If you have been injured in a dog attack you our Tulsa dog bite lawyers can hep.

 In Tulsa, all dogs must be “under leash” when they are being walked in public, which includes walking down the street or sidewalk in your neighborhood.  The only persons authorized to walk the dog are one or more of the following:

The dog’s owner(s);

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  A member of the owner’s family; or

  
  


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  An agent of the dog’s owner(s)

  
  

An agent for purposes of controlling a dog while on a leash may be a dog walker that an owner hires to walk his or her dog, or it could be a friend.  An agent is someone who is authorized to act on behalf of the owner.  Oftentimes, people don’t think about the consequences of allowing other people to walk their dogs.  While many dogs may seem friendly, and are in fact friendly most of the time, if you are walking a dog that you are unfamiliar with, you won’t be able to predict that dog’s behavior.

While there are dog parks that allow dogs to run free without being on a leash, when walking a dog down the street, it is imperative that the dog is restrained.  Consider the following true story of a man who ended up having corrective surgery to repair a torn tendon and tricep muscle.

A man was walking his small Shiba Inu down the street to the neighborhood next to his own, just as he does every night.  He suddenly notices a large brown dog come running his way with three young kids chasing after it.  The man wanted to make sure the large dog didn’t hurt his own smaller dog, so he stepped on the larger dog’s leash in an effort to separate this dog from his own dog.  As the men stepped on the leash of the larger dog, he realized the leash was not really a dog leash, but was a blue rope often used with fishing boats.

The three children that were chasing after the dog tried to pick the rope up to pull the dog back.  As the children pulled the rope, the man slipped and fell on his elbow.  He didn’t realize at the time how badly he was hurt.  The three children ran to get their father to tell them someone was hurt.  The father of the children told the man with the small dog that this larger dog was a stray and that his children were just walking this dog until the true owner was able to drive to the neighborhood to get his dog.  The man then went home and subsequently went to the hospital where he learned he had severe injuries to his elbow and tricep muscle.

Lessons About Dog Bites and Dog Bite Laws in Oklahoma

This story teaches us two things.  First, only the owner of a dog, a family member of the owner, or an agent of the owner, should be walking the dog, unlike the situation above where a stray dog was being walked by three young children.  Second, dogs should be walked with proper leashes, not rope that is fabricated to create a makeshift leash.  Had the father of the children simply left the dog alone while waiting for the owner, instead of allowing his three young children to walk it, the man would not have suffered injuries serious enough to require surgery and six months of physical therapy.

Call Our Tulsa Dog Bite Lawyers

If you have suffered an injury as a result of a dog bite or of careless handling of a dog, contact our Tulsa dog bite lawyers at Kania Law Office today for a free consultation to discuss your case with our personal injury attorneys.  We pay each client undivided attention in order to gather all relevant facts and determine if anyone is liable for the injuries suffered.  Call our office today at (918) 743-2233, or you may fill out this form online.  The Kania Law Office provides services in both English and Spanish.

Dog Bite Lawyers

http://www.kanialaw.com/tulsa-oklahoma-personal-injury-attorneys-car-accidents-wrongful-death-work-injury-lawyers-tulsa/dog-bite-lawyers.htm