Tahlequah Lawyer Blog
Defining Shooting With Intent To Kill In Tahlequah
Facing a charge for shooting with intent to kill in Oklahoma can be a frightening experience. It can help to understand how the crime is handled in Tahlequah and what defenses may be available to you. Here is what you need to know. Shooting With Intent to Kill Defined Shooting with intent to kill in […] Read more »What To Prepare For When Turning Yourself In
Tahlequah attorney, Ryan Cannonie, explains the number one thing to prepare for when turning yourself on on a warrant. Read more »
The Major Impact McGirt Has on Oklahoma Family Law
Tahlequah attorney Ryan Cannonie explores the impact the McGirt case is having in areas of the law beyond just criminal. Read more »
What Are Sentence Enhancements?
Tahlequah attorney, Ryan Cannonie, explains what a Sentence Enhancement is so you can better understand State Question 805. Read more »
What Crimes Are Considered “Violent” In Oklahoma?
What is a violent crime in Oklahoma? Tahlequah criminal defense attorney Ryan Cannonie, with Wirth Law Office in Cherokee County has that answer. Read more »
Exploring Defenses For Vehicle Burglary In Oklahoma
Oklahoma categorizes burglary as either of the first, second, or third degree. Burglary of all types is a felony in Tahlequah, Oklahoma. However, the requirements and sentences for each type vary. Vehicle burglary in Oklahoma is third-degree burglary. Recent Changes To Oklahoma Law Vehicular burglary used to be a second-degree charge, with more serious consequences. […] Read more »What’s The Difference Between Relinquishment And Termination Of Parental Rights?
Tahlequah attorney, Ryan Cannonie, discusses the difference between relinquishing your parental rights and the State terminating them. Read more »
Can You Be Charged For Using Drugs While Pregnant?
Tahlequah attorney, Ryan Cannonie, explains what the new State v. Green ruling means to criminal cases in Oklahoma. Read more »
McGirt Decision: Are You Now Living On A Reservation?
Tahlequah Attorney, Ryan Cannonie, explains a quick way to see if the McGirt case recognizing tribal reservations applies to your location. Read more »
Does McGirt Apply To All The Tribes Or Just The Creeks?
McGirt Is a Supreme Court Case That Re-Acknowledged That the Creek, Muskogee Creek Nation Still Had a Tribal Reservation. Read more »
Can You Get An Expungement For An Old Felony?
Can you get an expungement for a felony even if it's pretty old, let's say 30 years old? Answer is yes, maybe, it kind of depends. It depends on some factors and facts to your case. Read more »
Why You Need An Attorney For An Oklahoma Misdemeanor Case
Tahlequah attorney Ryan Cannonie explains some advantages to having an attorney even on a misdemeanor case which typically carry lighter punishments than felonies. Read more »
Can You Still File A Case During COVID-19?
Cherokee County attorney Ryan Cannonie discusses changes to the courts during the Covid-19 pandemic and considerations you need to be aware of when pursuing legal action. Read more »
What Does It Mean To Be Defaulted?
What is a default? My name is Ryan Cannonie, I am the Tahlequah criminal defense attorney for Wirth Law Office in Cherokee County. I want to talk a little bit about default. In legal terms, a default is when one party has put forth a claim, and the other party either doesn't respond or doesn't show up. Read more »
Does Getting A Divorce Always Require Going To Court?
Does Getting a Divorce Always Require Going to Court? Tahlequah attorney Ryan Cannonie discusses mediation and how the process is different than what people normally expect in a divorce case. One thing that most people think of when they think of courts, they think of judges and attorneys battling it out and witnesses on the stand. You can't handle the truth lies, being able to prove people are lying or whatnot, but they don't always think about the alternatives to court. Read more »
Is Alimony Legal In Oklahoma?
Tahlequah attorney Ryan Cannonie explains generally what is alimony and if it is even still something Oklahoma courts will grant. So with alimony, yes, it is legal in Oklahoma. Oklahoma's one of several states that recognize alimony. Alimony, the point of it is to cushion the fall of one party in a divorce, from the lifestyle they had before to what they're going into. Read more »
How Serious Is DUI Third Offense Or More In Tahlequah?
We must all use due care when driving on public roadways. That means driving with a clear head, and paying attention to road conditions as we drive. Anything that interferes with the ability to drive safely can get us into trouble. This is especially true with intoxicants. Driving under the influence, or a DUI, can […] Read more »What You Should Not Do If You Are in a Traffic Stop on a Reservation
Most counties had cross deputization agreements with the tribes long before McGirt, the decision got filed. I'm talking years and years and years ago, most tribes gave a cross deputization out to deputies in the counties. So the situation is you can still be pulled over by a lot of officers in Oklahoma. Even if you qualify as a native American member on a reservation, the difference is, is your citations and tickets or if you're arrested for a DUI, something like that, shouldn't go to state court, there's issue you either go to tribal or federal. That's where you get into a difference. Read more »
Does The McGirt Decision Impact Criminal Law In Oklahoma?
If you are a Native American member, or if you are accused of a crime where the victim is a Native American member, that means that state courts, that's your district court of Cherokee County, district court of Adair County, Muskogee County, different, whatever the County is, didn't have the legal authority to prosecute you. Meaning if you have a case pending, they don't have the authority. It means if you already pled to a case or was found guilty in a case, then you can file a motion to try to get rid of that based on the fact they did not have authority. Read more »
What To Expect In A Divorce
When you go to file a divorce, there has to be a petition filed, there's paperwork to do. If you have an attorney, they can guide you through this. What you're going to be seeing though, is that there's an attorney fee on it. Let's say this is a very simple divorce. Attorney's charging you only 1,500. Even let's say this is just an agreed upon. Well, in addition, that 1,500, you're going to have to pay filing fees, which range from 250 to 300, depending if you have kids or not. There are certain things you have to have in your divorce filing. There's certain paperwork by statute. You can't just file a piece of paper that says, "I want to be divorced." You have to have certain other pieces, certain other documents filed with it. Your attorney's going to know what those documents are. If you have children, it actually increases the filings and increases some of the costs when you file for divorce. But your basis for divorce are going to be those reasons I listed. Like I said, there's more, but those are really the primary ones. Once you get that, then you're going to have to go sit with your attorney, start going through what documents they need from you, what things they have to have you sign, and then proceed with filing the divorce. Read more »
What Is An Indecent Proposal To A Minor In Oklahoma?
Oklahoma has a number of laws to protect children from inappropriate sexual conduct and exploitation. One of those laws forbids making a lewd or indecent proposal to a minor in Oklahoma. Here is what you need to know about the law and how it is handled in Tahlequah. The Law Against Making A Lewd Or […] Read more »What Are Your Options If You Are Filing for Divorce?
Tahlequah attorney discusses some options you have if you are thinking about filing for a divorce. Some divorces are actually, in fact, a lot are very amicable. The people just realized, "Hey, we're not good together. Maybe we make better friends than spouses. Or we decided that this is just not our thing, and we tried and it didn't work out." And there's no shame in that. When you have an agreed-on divorce, it actually makes things a lot simpler. Your options, I'm going to go through some of our options we give people when they contact us about a divorce. The first thing we do as a firm is we can just draft the papers for you. We will draft up all the divorce papers, we will sell them to you for $500, is how the retainer fee works. Read more »
What Is A Paternity Action?
Tahlequah attorney Ryan Cannonie explains a paternity action and some considerations for those thinking of filing one. One thing that comes up quite a lot actually is paternity actions. Now, when I say paternity actions, this is a situation, let's say you're a father, you have children, but you weren't ever put on the birth certificate. You have never had DNA done. You and the children's mother were never married and just their kids were born and you've always kind of been in the picture. You maybe don't live together, so they visit with you sometimes. They visit with her sometimes, and that's kind of the situation you're in. So if you find yourself in a situation like most of the time when people come in, it's not because things are going well. No one goes to the court system because things are going well. But a lot of times what happens is over the years, there's disagreements, there's re-marriages, there's other situations, maybe possibly moving. And what happens is visitation is stopped. So you are no longer allowed to see your children because their mother just won't let you around them. Well, when you go to try to get an order from the court to let you see your children, you're going to run into one big problem. It's that you're going to have to prove you're their father. Read more »
Charged With Possession Of A Stolen Vehicle In Oklahoma? Learn More
Being caught in possession of a stolen vehicle in Oklahoma doesn’t mean that the person caught actually stole the vehicle. However, both are crimes in Oklahoma. Mere possession of a stolen vehicle can subject a person to prison time. If you are facing charges in Tahlequah, here is what you need to know about the […] Read more »How A Guardianship Ends
If your kids have been placed in a guardianship based on a deprive situation, DHS was involved and the court placed them in a guardianship, you're going to have things in that guardianship order that you're going to have to have completed and you're going to have to have proof of that. If this is just a regular guardianship, a Title 30 guardianship is what we call it, then you're still going to have to come in and prove that you're the parent and you have a good home situation, and that there's a reason for the court to terminate that guardianship. Remember, the court at one point found there was good reason to have a guardianship so you're going to have come in and prove well, there's a reason now to get rid of it. And if you don't have an attorney, and if you don't have an attorney that knows what they're doing, this could be very difficult for you, and in some cases you're probably going to get told no and you're going to have keep coming back. Read more »
