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

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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

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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

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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

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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

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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

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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:

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

  
  


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  Infidelity;

  
  


• 
  

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

  
  


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  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

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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

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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;

  
  


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  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

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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);

• 
  

  A member of the owner’s family; or

  
  


• 
  

  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

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Filing Bankruptcy Tulsa

Oklahoma Bankruptcy Frequently Asked Questions (FAQs) [Part II]

This is Part II of our two-installment blog post answering frequently asked questions about bankruptcy in Oklahoma. Part I of this blog provides more bankruptcy information so if you missed it just click this link. While we have addressed many of the issues and questions raised by those who are overwhelmed by debt and considering filing bankruptcy Tulsa as an option.  Our Tulsa Bankruptcy Attorneys recognize that many people will have questions that are based on their specific situation so we invite you to contact us to set up an initial consultation.

Do I need to appear in Oklahoma bankruptcy court?

Most consumer bankruptcies do not involve an appearance in a bankruptcy court.  Debtors do have to appear at a “meeting of creditors,” which is an informal proceeding that may or may not actually be attended by creditors.  The meeting is conducted by the bankruptcy trustee who will ask questions about information in your schedules and other paperwork.  If you own a home, it is common that a representative of the mortgage company will appear at the meeting of creditor.  Many times there are no creditors that even appear at this informal proceeding.

Will I be able to get credit or buy a home after Filing bankruptcy?

While bankruptcy will damage a debtor’s credit rating for a period of time, the long-term impact may be to improve a person’s ability to obtain financing.  When a person obtains a discharge, the individual’s debt to income ratio improves immediately.  Further, someone who has obtained a Chapter 7 discharge will be ineligible for another immediate Chapter 7 discharge which makes the person a better credit risk than a person who has not previously filed for bankruptcy.  Many people will re-establish credit with a secured credit card, then graduate to unsecured cards with less than optimal interest rates.  If an individual continues to make timely payments, the credit terms will improve.  Debtors can even qualify for an FHA loan two years after their Chapter 7 discharge.

How will I know whether I can file Chapter 7?

While most people with no significant non-exempt assets would prefer to file Chapter 7, this requires meeting the income qualification requirements.  If a debtor’s household income is below the median for a family of the same size in the state, the individual will qualify for Chapter 7 under the means test.  These thresholds are far less exacting than needs based testing for public benefits.  For example, the threshold to qualify for Chapter 7 was slightly over $60,000 per year for a family of four in bankruptcies up to April 30, 2012.

Can I seek bankruptcy relief without an attorney?

Although there is no requirement that a person be represented by an Oklahoma bankruptcy attorney, there are significant advantages to working with a knowledgeable bankruptcy lawyer.  The paperwork for filing bankruptcy is extensive and filled with terminology that may be confusing and unfamiliar.  Mistakes made because a debtor is not well versed in the law and procedures of the bankruptcy process can have devastating consequences.  For example, we order and analyze credit reports from the three main credit bureaus because a bankruptcy discharge will not apply to any creditor who is inadvertently omitted from the bankruptcy paperwork.  Debtors also benefit from having a legal representation at the meeting of creditors which can be intimidating without legal representation.

Contact a Bankruptcy Attorney About Filing Bankruptcy Tulsa

 While we have endeavored to answer many common questions about bankruptcy in Oklahoma, our experienced Oklahoma Bankruptcy Attorneys invite you to contact us with more specific questions about your situation.  Our Oklahoma Bankruptcy Attorneys offer a free initial consultation so that we can answer your questions, evaluate your needs and explain your options.  We invite you to contact us at <strong>Kania Law Office at (918) 743-2233 or fill out this form today!

 

Filing Bankruptcy Tulsa

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Internet Sex Crimes Attorney Tulsa

The Growth of Internet Sex Crimes Involving Minors

Sex crimes have been growing over the years in Oklahoma, and across the United States.  With the exponential growth of the internet, it is no wonder that internet sex crimes are also growing at a fast rate.  Communication online is much easier than meeting in person, so many people have flocked to the internet to solicit sex in chat rooms or on social media websites, such as Facebook or Twitter, preying on minor children, and participating in child pornography. If you are facing criminal chargers for sex crimies involving the internet call our Criminal defense lawyers Tulsa.

Recent Trends Internet Sex Crimes in Oklahoma

In Oklahoma, lawmakers have cracked down on internet crimes, especially those of a sexual nature.  The Oklahoma Computer Crimes Act imposes strict penalties for violating the law, such as serving up to five years in prison and paying up to $5,000 in fines.  Further, being on the internet not only includes using a computer to communicate with others, but also includes cellular phones.  Any technological device that provides a way to connect to the internet is subject to the Oklahoma Computer Crimes Act.

Types of Internet Sex Crimes in Oklahoma Involving Minors

Communication of a Sexual Nature – many people have heard of the term “sexting,” which consists of communicating with another person by means of sexually explicit words, inappropriate photographs, as well as videos of a sexually explicit nature; such conduct is not limited to a cellular phone; this charge applies to communication with minors and the charged, if convicted, may be placed on the sex offender list

• 
  

  Soliciting Sex to Minor Children – this crime is committed more often than other internet sex crimes; when someone commits this crime, he or she is essentially offering or asking for sexual contact from a minor child; offenders are considered sexual predators, a term that could leave the charged with a tarnished reputation, and a spot on the sex offender list

  
  


• 
  

  Child Pornography – along with solicitation of sex to a minor, child pornography is more common than many people realize; if the accused is in possession of child pornography, produces child pornography, or sells child pornography, this person is facing serious consequences, and like solicitation, this person will be placed on a sex offender list

  
  

Other Internet Sex Crimes

Internet sex crimes are not limited to the three charges listed above, but these are the most common.  Any type of conduct that is remotely related to the above charges could be grounds for serious punishment.  Oklahoma law does not take a defense of “I didn’t know she was a minor” too seriously.  It is your responsibility as an Oklahoma citizen to be aware that any type of sexually explicit communication or act with a minor is against the law.  A mere incident of “sexting” could potentially ruin your life, leaving it very difficult for you to obtain housing or get employment.  Needless to say, if you end up having to serve time in prison, you will not be looked at favorably by other inmates.

You may be in a situation where you have simply made a mistake.  Perhaps you did not intend to solicit a minor for sexual activity, or maybe the alleged victim is not telling the truth.  Regardless of what the facts may show, you need the advice of a criminal defense attorney experienced in the area of sex crimes to defend your rights.  People often forget that the accused is “innocent until proven guilty,” and a mere charge is deemed a conviction in the eyes of society.

Call Our Criminal Defense Lawyers Tulsa 

 If you have been charged with an internet sex crimes, contact the criminal defense lawyers in Tulsa at Kania Law Office as soon as possible.  One of our criminal defense attorneys will evaluate each and every fact of your case to ensure the police have complied with your constitutional rights.  Our skilled legal team will provide the best defense possible for you and help you get back on your feet.  To schedule a free consultation, call one of our internet sex crimes Lawyers at Kania Law Office today at (918) 743-2233, or complete our online form and someone from our office will contact you as soon as possible.  Our office conveniently offers services in both English and Spanish.

Internet Sex Crimes Attorney Tulsa

http://www.kanialaw.com/criminal-defense-lawyers-tulsa-oklahoma/internet-sex-crimes-attorney-tulsa.htm

What Medical Conditions Qualify For Social Security Disability Tulsa Ok

Medical Conditions that Qualify for Social Security Disability Benefits in Oklahoma

In order to automatically qualify for Social Security Disability benefits (SSDI), you must be diagnosed with a qualifying disease or injury.  Such injuries and disabilities are listed by the Social Security Administration in a manual known as the “blue book”, which includes both physical and mental impairments.  These qualifying conditions are as follows:

• 
  

  Musculoskeletal conditions, such as back injuries and trauma

  
  


• 
  

  Cardiovascular problems, including congestive heart failure and certain heart diseases

  
  


• 
  

  Sensory conditions, such as impaired hearing or vision problems

  
  


• 
  

  Respiratory conditions, such as asthma or chronic obstructive pulmonary disorder

  
  


• 
  

  Neurological diseases, such as epilepsy and Parkinson’s disease

  
  


• 
  

  Mental conditions, including generalized anxiety disorder and manic depression

  
  


• 
  

  Autoimmune diseases, such as lupus, HIV, Aids and certain forms of arthritis

  
  


• 
  

  Digestive disorders, including irritable bowel syndrome

  
  


• 
  

  Cancer

  
  


• 
  

  Skin conditions, such as dermatitis

  
  


• 
  

  Urological and genitourinary conditions, such as kidney failure

  
  

Medically Equivalent Conditions

In the event that your medical condition is not one of the enumerated impairments listed above, you may still be able to qualify for SSDI.  Specifically, your disability may be considered medically equivalent to the one of the blue book’s qualifying conditions.  This is what the SSA refers to as “equaling a disability listing”.  For example, if you are diagnosed with a form of arthritis that is not listed above but is medically similar to one of the listings, you may still qualify for SSDI. Call our Social Security Lawyers in TUlsa for more information.

The Degree To Which Your Impairmant Affects Your Ability To Work

A person who files for SSDI may still be eligible to receive disability benefits even if his or her condition does not meet or equal one that is listed in the blue book.  In this case, the SSA will evaluate the nature of your impairment and the degree in which it affects your ability to work and perform basic tasks.   For instance, those that suffer from migraine headaches may still be eligible for SSDI if the claimant’s condition makes it impossible to work either in a full or part time capacity.  The fact that migraine headaches are not listed in the blue book is of no consequence when a claimant’s level of impairment is severe.  In order to prove your eligibility in this regard, it is recommended that you document your condition and the level in which it prevents you from functioning in a work environment.

Contact Our Social Security Lawyers in Tulsa:

If you have been denied SSDI benefits, or need assistance in filling out your benefits application, contact our Social Security Lawyers in Tulsa at Kania Law Office today at (918) 743-2233.  We will take the time necessary to review your case, advise you of your legal options, and help maximize your chances of obtaining the benefits you deserve. Don’t wait – call us today to learn more about how we can help you.

What Medical Conditions Qualify For Social Security Disability Tulsa Ok

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What Medical Conditions Qualify For Social Security Disability Tulsa Ok

Medical Conditions that Qualify for Social Security Disability Benefits in Oklahoma

In order to automatically qualify for Social Security Disability benefits (SSDI), you must be diagnosed with a qualifying disease or injury.  Such injuries and disabilities are listed by the Social Security Administration in a manual known as the “blue book”, which includes both physical and mental impairments.  These qualifying conditions are as follows:

• 
  

  Musculoskeletal conditions, such as back injuries and trauma

  
  


• 
  

  Cardiovascular problems, including congestive heart failure and certain heart diseases

  
  


• 
  

  Sensory conditions, such as impaired hearing or vision problems

  
  


• 
  

  Respiratory conditions, such as asthma or chronic obstructive pulmonary disorder

  
  


• 
  

  Neurological diseases, such as epilepsy and Parkinson’s disease

  
  


• 
  

  Mental conditions, including generalized anxiety disorder and manic depression

  
  


• 
  

  Autoimmune diseases, such as lupus, HIV, Aids and certain forms of arthritis

  
  


• 
  

  Digestive disorders, including irritable bowel syndrome

  
  


• 
  

  Cancer

  
  


• 
  

  Skin conditions, such as dermatitis

  
  


• 
  

  Urological and genitourinary conditions, such as kidney failure

  
  

Medically Equivalent Conditions

In the event that your medical condition is not one of the enumerated impairments listed above, you may still be able to qualify for SSDI.  Specifically, your disability may be considered medically equivalent to the one of the blue book’s qualifying conditions.  This is what the SSA refers to as “equaling a disability listing”.  For example, if you are diagnosed with a form of arthritis that is not listed above but is medically similar to one of the listings, you may still qualify for SSDI. Call our Social Security Lawyers in TUlsa for more information.

The Degree To Which Your Impairmant Affects Your Ability To Work

A person who files for SSDI may still be eligible to receive disability benefits even if his or her condition does not meet or equal one that is listed in the blue book.  In this case, the SSA will evaluate the nature of your impairment and the degree in which it affects your ability to work and perform basic tasks.   For instance, those that suffer from migraine headaches may still be eligible for SSDI if the claimant’s condition makes it impossible to work either in a full or part time capacity.  The fact that migraine headaches are not listed in the blue book is of no consequence when a claimant’s level of impairment is severe.  In order to prove your eligibility in this regard, it is recommended that you document your condition and the level in which it prevents you from functioning in a work environment.

Contact Our Social Security Lawyers in Tulsa:

If you have been denied SSDI benefits, or need assistance in filling out your benefits application, contact our Social Security Lawyers in Tulsa at Kania Law Office today at (918) 743-2233.  We will take the time necessary to review your case, advise you of your legal options, and help maximize your chances of obtaining the benefits you deserve. Don’t wait – call us today to learn more about how we can help you.

What Medical Conditions Qualify For Social Security Disability Tulsa Ok

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Tulsa Drug Lawyers, Possession of Marijuana

Marijuana Possession in Oklahoma – What You Should Know

            The recent legalization of marijuana for personal use in the states of Washington and Colorado have lead to a widespread push to legalize marijuana in other states at least for medicinal purposes.  In Oklahoma, there has been a push by one senator to legalize marijuana, however, such efforts have failed.  Thus, Oklahoma marijuana possession laws should be taken as seriously as any other drug charge.  Many individuals in Oklahoma have become more comfortable with the idea of using marijuana, and this has lead to multiple marijuana possession charges.  It is important to consider the consequences of a marijuana possession conviction, and that until Oklahoma law changes, you could face jail time and significant fines. If you’ve been charged with possession of marijuana you need the help of one of our Tulsa drug lawyers at Kania Law Office

Marijuana Laws in Oklahoma

Under Oklahoma law, marijuana is considered a Schedule I drug, which means that the state believes the drug has a potential for abuse with little or no medicinal value.  Any marijuana-related crime carries with it the potential for significant jail time.  Whether the crime is possession, sale, manufacturer, or driving under the influence of marijuana, the consequences could follow you throughout your lifetime.  Possession of marijuana is less serious than other marijuana charges in Oklahoma, however, a possession charge should be taken just as seriously as a manufacture or sale charge. As Tulsa Drug Lawyers we can explain the different drug charges in Oklahoma

Pursuant to Title 63 § 2-402(A)(1) of the Oklahoma statutes, an individual may be charged with marijuana possession in Oklahoma if probable cause exists that the individual knowingly or intentionally possesses marijuana.  The threshold for a marijuana possession charge is very low, so even the slightest amount of marijuana could result in a sentence of up to one year in jail.  Further, if an individual is convicted of marijuana possession a second time, he or she could potentially be sentenced to up to ten years in jail.  While most possession charges do not ultimately lead to multiple years of jail time, the fact that Oklahoma law allows for such potential punishment is reason enough to avoid being charged with marijuana possession in the first place.

As you can see, marijuana possession alone can be detrimental to many individuals charged with the crime in Oklahoma.  The inability to obtain steady employment, the inability to attend a college or a university, and the inability to rent an apartment or home create a stressful reality for individuals with a blemished criminal record.  If marijuana possession is this strict, you can only imagine how serious the consequences may be for the sale and/or manufacture (i.e., growing) of marijuana.  Having to spend multiple years in jail for a marijuana-related conviction is hard to swallow when such conduct would not result in the same harsh results in some other states.

Steps to Take Following Arrest for Marijuana Possession in Oklahoma

Because Oklahoma has fairly harsh marijuana laws as compared to other states, it is essential to take your marijuana charge very seriously.  Even though two states have legalized marijuana for recreational use, and twenty-one states plus the District of Columbia have legalized marijuana for medicinal use, Oklahoma still considers marijuana to be a dangerous drug that has the potential to cause harm.  As such, upon being arrested for marijuana possession, you should speak with an attorney right away.

The earlier you are able to consult with an attorney, the greater your chances are of being able to fight your marijuana possession charge and avoid jail time.  Further, it is important to take any opportunity possible to avoid being charged with a second marijuana-related charge in Oklahoma.  Subsequent criminal charges in Oklahoma have put thousands of individuals in jail for ten years or more.  Our experienced Tulsa drug lawyers and criminal defense attorneys can help you overcome your Oklahoma marijuana possession charge with the goal of minimizing the penalties you may face if convicted.

Contact Our Tulsa Drug Lawyers

If you’ve been arrested and facing a drug charge in Oklahoma call our Tulsa drug lawyers today. Don’t go it alone or use an attorney that isn’t one of Tulsa drug lawyers. We have the experience you need to offer you a criminal defense that focuses on the consequences of a drug conviction. For a free consultation with one of our Tulsa drug lawyers call Kania Law Office Today! 918-743-2233

Tulsa Drug Lawyers, Possession of Marijuana

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Tulsa Attorneys Civil and Criminal Law

Tulsa Attorneys, Civil vs. Criminal Law

Some clients may be surprised that the same act can subject them to both civil and criminal liability.  Our U.S. legal system does in fact have both civil laws to provide remedies to injured parties and criminal sanctions to punish wrongdoers.  This article briefly discusses distinctions in criminal and civil law, so you can better understand each system.

Because the Tulsa attorneys at Kania Law Office are experienced litigators in both criminal and civil cases, our legal team is in a unique position to represent you if you are facing both civil and criminal charges.  We bring in depth understanding of both criminal and civil matters.  Some of the key distinctions in the systems are as follows:

A Different Purpose Civil v. Criminal Law

1.  Civil law generally pertains to duties and disputes between individual people or organizations, or between individual people/organizations and the government.  The purpose of civil law is to help resolve those disputes and provide remedies to those damaged by violations of the law. An example of a civil law suite is personal injury law, workers compensation law to name a few. For this kind of case you need a Tulsa attorneys that practices civil law.

 Crimes, although they impact individual people, are considered offenses against society as a whole, not just the individuals themselves. The goal of criminal law is to maintain societal stability by defining what is acceptable and not acceptable, to punish offenders, and to deter criminal acts. For this type of case you need a Tulsa attorneys that practices criminal defense law.

 

Different Parties For Civil v. Criminal Law

1. Civil cases are brought by individuals or organizations like corporations seeking a remedy.  When an individual files a lawsuit, he or she is the Plaintiff.  The person sued is called the Defendant.  Generally, individuals pay their own legal fees and costs, unless one of the parties is awarded attorney fees.

Criminal cases are prosecuted by the state or federal government, not the victims of the crime.  The government is generally represented by a public official, such as an Attorney General or District Attorney.  The person being prosecuted is still called the Defendant.  Tax dollars fund criminal prosecutions, and sometimes defense costs as well, if the accused cannot afford counsel of their own and must utilize the services of a court-appointed attorney/public defender.

Different Burdens of Proof In Civil v. Criminal Law

Because criminal sanctions are harsher than civil remedies, criminal defendants are protected by a higher standard of proof, and the burden of proof is on the government to prove that the defendant is guilty.  In order to prove guilt, the government must establish guilt “beyond a reasonable doubt,” and the defendant is innocent until proven guilty.  Generally, a jury’s verdict must be unanimous.

In civil cases, the plaintiff typically has the burden to demonstrate liability, but the burden can shift to the defendant in certain circumstances, in which case the defendant must demonstrate they are not liable.  The standard of proof in civil cases is not “beyond a reasonable doubt.” Rather, there is a slightly lesser standard that requires the plaintiff to prove their case by a “preponderance of the evidence.”  In contrast to criminal cases, jury verdicts do not typically need to be unanimous.  This may help explain why some defendants are found not guilty in a criminal case, but are found liable in a civil case.

Different Outcomes For Civil v. Criminal Cases

1. In civil cases, if the defendant is found liable, the Plaintiff is granted a remedy.  This typically comes in the form of damages to monetarily compensate the Plaintiff for harm done, but equitable remedies like injunctions do exist.  Sometimes, punitive damages are awarded, but civil defendants do not face punishments like jail time.

Criminal defendants that are found guilty receive criminal sentences, which vary depending on the crime. Criminal sanctions include fines, probation, incarceration, restitution, community service, and in extreme cases, the death penalty. For this type of case you will need a Tulsa attorney that practices criminal defense. 

Contact Our Tulsa Attorneys Today 

If you or a family member is facing criminal charges, you may need a Tulsa attorneys that practice criminal law. But if you have been injured or need a Family and Divorce law a Tulsa attorneys that practice civil law is what you will need. If you would like to consult with the knowledgeable Tulsa attorney at  Kania Law Office, call us today to schedule a free appointment at (918) 743-2233.  You may also complete our online form and someone will respond to you promptly.  We provide our services in both English and Spanish. 

 

Tulsa Attorneys Civil and Criminal Law

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Pharmacy Negligence in Tulsa Oklahoma

Fighting Pharmacy Negligence Errors in Oklahoma

 The 2013 annual Gallop Poll once again ranked pharmacists as the runner-up for most trusted professionals, second only to nurses, and tied with grade school teachers.  This marks the third year in a row for pharmacists to rank second in the Gallop Poll. The high level of trust from consumers speaks volumes about the confidence we place in those charged with filling our medical prescriptions day after day. If you are the victim of Pharmacy Negligence call our Personal Injury attorneys in Tulsa today. 

 Pharmacists and pharmacies play an essential role in our health care system.  We have come to rely on pharmacists for access to the drugs we need, and for education about the drugs we are taking.  Pharmacies can be small neighborhood stores or nation-wide chains.  Regardless of size, it is clear we trust our pharmacists to accurately dispense medicine to help make us better.  When that trust is breached, and a pharmacy error occurs that hurts you or a loved one, you need personal injury legal counsel to advise you about your pharmacy negligence case.

Types of Pharmacy Negligence in Oklahoma  

You might be surprised about the variety and number of pharmacy error cases in Oklahoma.  The types of Pharmacy Negligence and mistakes made by pharmacies and pharmacists are actually quite diverse, but each case has one thing in common.  The error was likely preventable with proper care and attention.  Some examples of common pharmacy error include:

         Dispensing the wrong type of medication;

• Filling a prescription with the right medication, but the wrong dose;


• Mislabeling medicine;


• Providing the wrong prescription instructions;


• Dispensing medicine to the wrong customer;


• Failure to advise about dangerous pill interactions;


• Failure to advise about contraindications;


• Improper settings in electronic health record systems;


• Botched drug compounding; and


• Confusing drugs with similar-looking names.

Consequences of Pharmacy Negligence:

The consequences of Pharmacy Negligencethese errors could be minor, but we could also see permanent injury or death.  There really is no room for mistake in the pharmacy business, yet pharmacy errors are common.  It seems as though pharmacies are placing more emphasis on the bottom-line than living up to the trust we place in them to avoid dispensing errors and provide proper drug counseling.  Even pharmacists have complained about their fears that long work hours, staff cuts, and work pressure are impacting patient safety. 

Of course patients need to take an active role in their own health care, too.  It is recommended that you learn the names and indications of your prescriptions and read all the information provided by your pharmacists. Pharmacists may not take time to counsel you about potential drug interactions, dosage, and warnings, but you can learn much of this information on your own.  However, no matter how much care we use as patients, it remains crucial that pharmacists professionally perform their duties. They are the trained experts on medications, and untrained patients cannot always detect mistakes.

Hire a Phramacy Negligence Personal Injury Attorney in Tulsa

If you suspect your pharmacist made a mistake that caused you or a loved one harm, you should contact an experienced pharmacy error attorney today.  Kania Law Office has a team of legal professionals prepared to handle your case and expose pharmacy negligence.  It is important to act quickly in pharmacy negligence and paharmacy error, so our attorneys can obtain important records for you, and interview important witnesses. 

If you believe your are a victim paharmacy negligence in Oklahoma, contact the experienced personal injury attorneys at the Kania Law Office today for a free consultation.  Our talented and concerned attorneys and staff will help you determine if a pharmacy error lawsuit is your best course of action.  Call us now for a free consultation at (918) 743-2233.  You may also fill out our convenient online form so we can contact you. Our friendly staff can help you in both English and Spanish. 

Pharmacy Negligence in Tulsa Oklahoma

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Enforcing Child Custody and Visitation

Enforcing Child Custody and Visitation Orders:

It is unfortunate but sometimes parents in a divorce or a custody case still refuse to get along even after a final decree has been entered.  It is especially terrible when one parent uses a minor child as a bargaining chip to get what they want.  It is also not uncommon for one parent to withhold visitation of the minor child from the other parent.  Reasons can be as simple as getting into a simple disagreement, failure to pay child support, a perceived danger to the child, or simply jealousy when one parent has moved on and started a new relationship.

Failing To Pay Child Support Not a Reason To Withhold Visitation

To clarify child support is not related to visitation.  Not receiving child support is never a good reason to withhold visitation.  Additionally, if you believe your child is in danger around the other parent, then you need to file for a protection order immediately and then seek emergency custody.  Simple withholding of visitation with out any valid reason will wind up with the withholding parent in trouble.

If your former spouse or co-parent of your minor child is withholding visitation awarded to you in any sort of temporary or final order, you need to contact an attorney immediately to file a motion to enforce child custody and visitation.

Expedited Hearing Enforcing Child Custody and Visitation

Granted the civil legal system can take some time, but because visitation and parental contact with a minor child is so important, the Oklahoma Statutes have streamlined the process for enforcing visitation.

Upon filing a Motion Enforcing child custody and visitation, the trial court will either set it for a hearing not more than twenty-one (21) days after the filing of the motion or refer the parties to court ordered mediation via an ex parte order. If the parties are not able to settle anything at mediation, then within five (5) days after mediation as ordered by the court, the mediator shall submit the record of the mediation session and a summary of the parties’ agreement, if any, to the court. Upon receipt of this record, the court shall enter an order in accordance with the parties’ agreement.  If no agreement was met, then the court will set the matter for hearing, no more than ten (10) days after the record of the mediator is received.  Either way the court must reach a final resolution no later than forty-five (45) days after filing of a motion to enforce custody and vistation order.

Consequences of Not Following Visitaion Orders

If the filing parent who filed motion enforcing child custody and visitation orders can demonstrate that they exercised their awarded visitation to the fullest, with the exception to the other parents obstruction of the awarded visitation, then the that parent will be awarded visitation compensation for the days of visitation that were withheld.

For the parent found to be improperly withholding visitation the consequences are more grim.  Not only may the be required to pay the filing parent’s attorney fees, but they may be required to post a cash bond that will not be given back until the make up visitation has occurred.  Additionally, the withholding parent could be subjected to a contempt of court action that would result in 6 months in jail.  Further, withholding visitation may be grounds for modifying the current operative orders regarding custody and visitation, with the withholding parent losing custody and being subject to limited supervised visitation.

If you need to file a motion enforcing child custody and visitation call the Tulsa Family Law Attorneys at Kania Law Office. Simply call our office at 918-743-2233 or fill out the ask a legal question form and an email will be sent to one of our atttorneys.

 

Enforcing Child Custody and Visitation

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