Wyatt's attention to detail and his successes have earned a listing for criminal defense in the prestigious publications The Best Lawyers in America, Oklahoma Super Lawyers, and the U.S. News & World Report "Best Law Firms" as a Tier 1 Law Firm. Mr. Wyatt was recognized two years in a row by the Best Lawyers as the LAWYER OF THE YEAR for Criminal Defense Non-White Collar (2013) and for Criminal Defense White Collar (2014) in Oklahoma City. Wyatt has also been recognized by the Oklahoma Criminal Defense Lawyer's Association as one of the 2003 "Champions of Liberty" and is currently the OCDLA's First Vice President.
Both Bob Wyatt and the Wyatt Law Office have been AV-Peer Review Rated (5 of 5 stars) by Martindale Hubbell Law Directory. Also, because of his special experience in the defense of cyber crimes, Mr. Wyatt was interviewed by the National Law Journal in February 18, 2008. Mr. Wyatt or his cases have been the subject of several books including: S. Jones & P. Israel 's, OTHERS UNKNOWN: The Oklahoma City Bombing Case and Conspriacy; J. Kelly & P. Wearne's, TAINTING EVIDENCE: Inside the Scandals at the FBI Crime Lab; and H. Silverglate's, Three Felonies a Day.
We look forward to an opportunity to discuss your criminal case and to representing you in state or federal courts throughout Oklahoma. We are willing to travel to other federal jurisdictions nationwide and will consider representing you in other states if the court rules for your state will accept Oklahoma Bar Association credentials for a limited case. Call (405) 234-5500 to schedule an appointment or visit our web page at http://www.wyattlaw.com.
EXPERIENCED OKLAHOMA LAWYERS
The Wyatt Law Office takes pride in offering experienced counsel to all clients. We pay attention to detail, challenge conventional thinking, and even challenge the justice system itself. Those are our trademarks. The firm is committed to excellence and professional integrity, encourages continuing legal education, and encourages development of legal and interpersonal resources. Those resources include a vast network of legal specialists, expert witnesses and consultants, advanced technology, and a host of clients and friends across the state and nation and around the world.
Throughout his career Bob Wyatt has played an integral role in a high profile practice, representing numerous clients in noteworthy cases in Oklahoma, including the defense of Timothy McVeigh in the Oklahoma City Bombing case and Officer Jeff Henderson in the Tulsa Police Corruption probe, and the defense of over a dozen other homicide cases and numerous civil matters.
No case is too big or too small. We generally represent "working" men and women in civil and criminal matters -- with 95% of our cases in criminal courts. Other clients include corporate clients, doctors, lawyers, psychologists, politicians (a sitting Governor, State Treasurer, State Insurance Commissioner and others), funeral directors, contractors, engineers, insurance agents and insurance companies, stock brokers, two "big three" auto franchises, five public schools, one university, a newspaper and publishing company, and a city.
VICTORIES IN REPRESENTATIVE CRIMINAL CASES
The Wyatt Law Office is currently or was recently representing individuals or corporations in separate high profile drug trafficking, fraud, embezzlement, rape/lewd molestation, possession and distribution child pornography, tax evasion, trafficking contraband tobacco, bank fraud, and murder, among other matters. Many criminal investigations either do not result in charges because of counsel' s early intervention in investigation or might be dismissed as result counsel's negotiations; thus, the listing below is merely a representative sample significant cases handled by members of the Wyatt Law Office.
State Police Officer charged with drug distribution (2011). Case dismissed by the court after preliminary hearing for insufficient evidence to proceed to jury. State appealed, but appeal was dismissed.
Federal Police Corruption Probe (2011). Split Verdict -- Not guilty 44 counts in police corruption allegations. Before trial, the judge merged four of the perjury charges into other counts and dismissed a bribery count during trial. After a three-and-a-half week federal jury trial in Tulsa, Officer Jeff Henderson was found not guilty of 44 counts of drug possession and distribution, use of a firearm during commission of a crime, witness tampering, perjury and subornation of perjury, conspiracy, and criminal violations of civil rights. However, the jury found Mr. Henderson guilty of two misdemeanor criminal violations of civil rights and guilty of the remaining six counts of perjury. Those counts are on appeal now. (See Tulsa World for articles).
Federal drug case dismissed (2011). After Wyatt's defense investigation of federal drug charge involving allegations that the client possessed 11 pounds (5 kilos) of meth with intent to distribute, government dismissed rather than face trial.*
Solicitation Charge Dismissed (2010). Client charged with soliciting minor by use of computer in a "To Catch a Predator" type sting. Case dismissed.*
Drug Evidence Suppressed in Federal Court (2010). Wyatt and Scott Graham teamed up arguing and convincing the federal court to suppress evidence obtained after a "routine" traffic stop pursuant to an open air drug dog sniff search. During an illegal search, Troopers found 3,000 Oxycontin pills, multiple fake I.D.s, fake prescriptions, and over $17,000 cash. All evidence suppressed and case dismissed. Most of the seized property to be returned to clients.*
Federal Charges Dismissed (2010). Client charged with conspiracy to defraud investors in an alleged $1.2 million advance fee scheme. At a "James" hearing to determine scope of conspiracy, Wyatt showed that government had no proof against his client. Government counsel agreed to dismiss the charges against Wyatt's client; all other defendants still facing charges.*
Minimal Punishment after guilty verdict for child sexual abuse (2010). Grandfather charged with sexually abusing grandchild. Jury returned guilty verdict but only 2 years imprisonment. Client facing up to life in prison.*
Regulatory Hearing Relief Granted (2010). Because of confidentiality of allegations and hearing, facts cannot be disclosed. However, "professional" client was not sanctioned and retained license after non-jury hearing.*
Federal charges avoided (2009). Client accused of killing bald eagle and with possession of eagle feathers and talons after counsel involved in federal investigation.*
Minimal Punishment for Federal Price Fixing Charge (2009). Client accused of orchestrating gasoline price-fixing scheme with volume of commerce in excess of $5 million. Jury returned guilty verdict for Sherman Act price-fixing violation, but judge ordered only probation (with no restitution) based on evidence developed at trial and in mitigation.*
Not Guilty verdict for felony Assault & Battery with a deadly weapon (2009) (punishable up to 10 years in prison), but jury found client guilty of misdemeanor for reckless use of a firearm.*
Child porn charges avoided (2009) and investigation terminated for soldier after counsel's intervention.*
Sexual "touching"/child abuse charge avoided (2009) and investigation terminated for airline pilot.*
Not Guilty Verdict for Assault & Battery on Police Officer and Obstructing an Officer during a Felony Arrest (2008). Client charged with 2 counts. Both police officers testified that my client attacked the officer while they were attempting to arrest the client's son and that the client told them "you ain't arresting my son!" During the arrest, there was a scuffle which led to one officer and my client falling off of a 3' high porch -- causing injuries to the officer and a very serious injury to my client. Client testified that he unintentionally must have startled the officer, which prompted the officer to use force against my client. The jury returned a verdict of not guilty.*
Not Guilty Verdict for Possession of Child Porn (2008). Client charged with 5 counts of possession of child pornography. The law enforcement agent testified that my client had confessed to accidentally accessing a child porn web site on two or more occasions and the feds had strong circumstantial evidence guilt because the only time there was child porn (or any porn) on the computer was when the client was recovering from cancer surgeries at his 80 year old mother's house. The defense presented expert testimony of other "non-porn" searches (which indicated the searches were not my client) on the computer within the times that the Government claims my client was surfing kiddie porn, and we presented evidence of an imperfect alibi (that he was in another city earlier in the day even though no proof that he was in the second city at the "time" the porn was searched). Client testified.*
Rape Case Dismissed (2008). Court of Criminal Appeals affirmed a ruling of the Magistrate and the District Judge "barring" a second prosecution for statutory rape. A sailor in the U.S. Navy stationed at Tinker was charged with rape and tried in a military court martial. The defendant was acquitted. A year or so later, the County D.A. filed charges for the exact same crime - same elements, etc. I challenged the second prosecution on the grounds of "statutory" double jeopardy under 22 O.S. 14, 130 and/or 522. The D.A. countered with the "dual sovereign" argument, which I conceded. Yet we stuck to our guns that the Legislature expanded the State citizen's rights beyond that granted by the U.S. or Oklahoma Constitutions. The Court of Criminal Appeals (4-0) agreed with the defendant's position and forever barred further prosecution.*
Charge Avoided & Investigation Terminated (2008). After thorough criminal investigation by the Department of Defense Criminal Investigative Service and recommendations for fraud charges, Wyatt negotiated to avoid charges in an alleged Veteran's Affairs fraud scheme.*
Charge Avoided & Investigation Terminated (2008). After thorough criminal investigation by the Social Security Administration and recommendations for fraud charges, Wyatt negotiated to avoid charges in an alleged scheme to defraud a vulnerable adult out of Social Security disability benefits. *
Tax Fraud Case Dismissed (2008). Client charged with knowingly filing a false State of Oklahoma tax return. After years of litigation and only days before trial, the court agreed with motions filed by the defense that the charge was not timely filed. Charges were dismissed after a contested hearing.*
Child Porn Charge Dismissed (2007). Client was charged with downloading and viewing child pornography after a former arrest for similar accusations. After a full hearing, the court declined to "accelerate" the previous deferred sentence for possession of obscene materials and the new charge of possession of child porn was dismissed.*
Rape Charge Dismissed. In 2006, the District Attorney dismissed allegations of second degree rape lodged against a medical student. This decision avoided a November jury trial and was based on information discovered by Wyatt in his investigation and challenge of the rape charge.*
14-Count Federal Child Porn Indictment Dismissed (2006). Wyatt and McCoy teamed up again -- this time researching, briefing, arguing, and convincing the federal court to suppress evidence obtained pursuant to a search warrant in the FBI's and U.S. Customs' worldwide OPERATION CRYING EYES investigation. After the federal judge's ruling, the U.S. Attorneys' Office dismissed the 14 count indictment. Of the 130 suspects in the investigation, we are not aware of any other cases being dismissed.*
Acquittal (Not Guilty) on 106 Counts of Fraud & Money Laundering (2006). Bob Wyatt and Gloyd McCoy represented a grain elevator operator previously charged with and convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions (effectively money laundering). On behalf of the client, we sought habeas corpus relief and were granted a new trial. At this re-trial, the jury convicted again, but the trial judge released the client on bond pending appeal because of the issues raised by Wyatt. Wyatt appealed again, this time with the Tenth Circuit Court of Appeals directing a
Judgment of Acquittal ("not guilty") -- meaning that the client is a free man and the government cannot try him again. United States v. Hunt, 456 F.3d 1255 (10th Cir.2006).*
Forcible Sodomy Charge Dismissed (2006). Wyatt secured a dismissal of a college student's charge of forcible oral sodomy.*
Statutory Rape Charge Dismissed (2006). Charge of statutory rape was dismissed as a result of Wyatt's representation.*
Embezzlement Charge Dismissed. In 2004, the magistrate judge presiding over Carroll Fisher preliminary hearings dismissed the charge of embezzlement of campaign funds filed by the Attorney General. Other matters associated with Commissioner Fisher's charges are pending in five separate indictments, which will be put to a jury trial.*
Impeachment Trial (2004). Only one week before his Senate trial, former Oklahoma Insurance Commissioner Carroll Fisher hired Bob Wyatt to defend him before the Oklahoma Senate on the five Articles of Impeachment returned by the House. This was to be the first Impeachment trial in Oklahoma since 1965. After the Presiding Officer of the Senate Court and the Supreme Court of Oklahoma ruled that the impeachment process is a "political" process rather than a "legal" process and after denial of Wyatt's motion and argument before the Supreme Court of Oklahoma to postpone the impeachment proceedings in order to prepare adequately and to protect the rights of the Commissioner in his criminal action, the Commissioner elected to resign his office in order to preserve the integrity of the office and to save the people of Oklahoma the expense of trial. Mr. Wyatt currently represents Carroll Fisher in the five pending indictments. Fisher v. Senate of Oklahoma, 107 P.3d 556, 2004 OK 76 (Okla. 2004).*
Child Porn Charges Dismissed against Professor (2004). After more than a year of this high-profile litigation, the District Attorney dismissed child porn charges against Wyatt's client but continues to press charges related to the Oklahoma Computer Crimes Act. A resolution was reached involving no jail time and no permanent criminal record.*
Evidence Suppressed in DUI with Great Bodily Harm; thus Case Dismissed (2004). A Lincoln County judge suppressed critical blood evidence in a case alleging "great bodily harm" while operating a motor vehicle under the influence of alcohol. (One alleged victim had her leg amputated and the other broke nearly every bone in his body). Without the blood evidence (which the defense also challenged on scientific grounds), there was no evidence to support a conviction. Bob Wyatt was co-counsel to D.C. Thomas in this contested criminal action which was set aside on the eve of jury trial.*
NOT GUILTY Verdict in Rape Trial (2004). A Grady County jury found Mr. Wyatt's mentally challenged client not guilty of the rape of his 15-year-old niece. In this trial, the jury heard evidence that the girl was violently raped against her will and that the client enjoyed pornographic materials and movies. There was also testimony from a jailhouse informant who claimed Mr. Wyatt's client confessed to the rape. The jury listened to all of the evidence presented by both sides and returned a not guilty verdict.*
Sentence Vacated in Federal Securities Fraud Case (2003). Bob Wyatt and Gloyd McCoy were engaged to represent a NW Oklahoma resident who had previously been convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions (effectively money laundering). The client sought habeas corpus relief for among other things ineffective assistance of his former trial counsel and conflict of interest. After a two-day hearing in January, the U.S. District Court on March 5, 2004, issued an order granting habeas relief and vacating the client's conviction and sentence.*
NOT GUILTY Verdict in Trial for Internet Child Solicitation & Traveling for Sex (2003). Mr. Wyatt successfully represented a California man arrested in January on two counts of using the Internet to entice a minor for sex and traveling across state lines to engage in sex with a minor. A six man-six woman federal jury sitting in Oklahoma City heard evidence for less than two days in June 2003 and deliberated for more than 14 hours. The jury returned a not guilty verdict on both counts notwithstanding the FBI's tape-recorded phone calls and surveillance, evidence of other communications with and photographs of minors and the self-described "nasty" Internet instant messages exchanged between the defendant and the undercover FBI agent.*
"Seized Money" Returned to Client (2002). Wyatt secured the return of over $210,000 from the Oklahoma Department of Public Safety (i.e., Oklahoma Highway Patrol). This money had been seized during a traffic stop in Eastern Oklahoma, and the DPS attempted to forfeit the money through its drug interdiction laws. After litigating the issues for more than five months, the money was returned Wyatt's client.*
Ghost Employee Charge Reduced to Misdemeanor. Mr. Wyatt represented one of many accused in the 2000-2001 "ghost employee" scandal at the Oklahoma Department of Health. In that case, Mr. Wyatt's client was indicted on multiple felony counts but pled guilty to only one misdemeanor in this politically charged investigation and ultimately paid a small fine. All of the felony counts were dismissed.*
Currently Mr. Wyatt and Jim Hankins serve as appointed counsel for Gary Rolland Welch in his federal habeas "appeals" of death sentences returned against him. Mr. Wyatt is trying to save this man's life in the only known case where the death penalty was given in a case of "mutual combat." (Both the client and the deceased "victim" were cut up during a knife fight -- with only one knife involved).
Bob Wyatt was one of the team leaders throughout the 2-year investigation and trial of Timothy McVeigh in the Oklahoma City Bombing case. Wyatt was responsible for the defense of forensic science evidence and management of the over a million pages of investigatory documents and work product. Ultimately in December 1996, the law firm of Jones & Wyatt moved its operations to Denver pending completion of the McVeigh trial. In July 1997, Bob Wyatt returned to Enid to resume responsibilities to clients until June 2000, when his new firm was established in Oklahoma City.
Health Care Fraud Conviction Reversed, Case Dismissed. In the early 1990s, Bob Wyatt was co-counsel to two obstetric physicians and surgeons charged with multiple counts of "healthcare fraud" for alleged violation of CHAMPUS regulations as it related to over 100 patients of the surgery center. This four-year federal investigation in parallel civil and criminal proceedings concluded in a guilty verdict on all but one charge; however, Wyatt convinced the federal appeals court to reverse the conviction with orders to dismiss the charges for lack of merit. Bob Wyatt briefed and argued the appeal to the U.S. Court of Appeals for the Tenth Circuit. United States v. Avery, 34 F.3d 1517 (10th Cir. 1994).*
Several other homicide cases were noteworthy. Mr. Wyatt represented the wife of a MWC doctor, who was suspected in the death of her husband. In August 1999, the State Multi-County Grand Jury ended its 18-month investigation returning no indictments in the Dr.'s homicide, thus clearing his wife. Stephen Jones and Bob Wyatt also represented a former Oklahoma City policewoman charged with first degree murder of her husband. The firm obtained a manslaughter verdict; the client is now out of prison after serving less than 7 years. Wyatt also joined Jones in the early 1990s in the defense of a young man charged with murdering a 7-year-old girl. This was the first known "multiple personality disorder" homicide in Oklahoma. They also defended one of the earliest uses of the "Make My Day" law in a shooting case in Enid (no charges were filed), and in a double "parenticide" (where a young man was charged in the shooting deaths of both parents).*
* Note: Results may vary in any given case because each case must be decided on its own unique facts and the law applicable. In that given case. You should not infer a probability of success in your case based on the results in the cases discussed.
Wyatt currently represents clients charged in drug-related cases in federal and state court. He also is representing clients charged with mail and wire fraud, advance fee schemes, sex crimes, computer crimes, securities fraud, money laundering, banking crimes, public corruption, and murder.
STATEWIDE & NATIONWIDE PRACTICE
The Wyatt Law Office is located in Oklahoma City, but Wyatt's practice spans the entire state of Oklahoma. The firm's federal criminal practice is nationwide (with licenses in Oklahoma and Texas). Our civil practice is generally limited to Oklahoma. Bob Wyatt has appeared as counsel in civil and criminal actions in more than 45 of Oklahoma's 77 counties and in several federal venues including among others Oklahoma City (Western District of Oklahoma), Tulsa (Northern District of Oklahoma), Muskogee (Eastern District of Oklahoma), Austin, Denver, and Norfolk, Virginia. Mr. Wyatt's practice has also involved international matters which have taken him to China, England, Hong Kong, Israel, Northern Ireland, the Philippines, and Scotland. Other international investigations have involved matters in Bolivia, Canada, Cyprus, Macedonia (former Yugoslavia), Mexico, Russia, Syria, Thailand, the Ukraine and Pakistan.
The Constitutions of the United States and Oklahoma each guarantee our citizens certain basic rights, including the right to counsel, the privilege against self-incrimination (i.e., the right to remain silent), the right to be free from unreasonable searches and seizures, etc. In matters of criminal law and investigation, you must know your rights. (See the Bill of Rights below). You should also follow my simple "rules of investigation" to protect your rights.
Right to Counsel: The Sixth Amendment gives you the right to have counsel before giving any statements or submitting to questioning. Exercise your rights. You NEED an attorney BEFORE you make any statements to the police. This is your most important right. If you cannot afford counsel, the court is required to appoint counsel. (Note that in Oklahoma County and many others, if you post bail the judges generally will not appoint counsel on the theory that if you can afford to bail out of jail, then you can afford an attorney. Though this may not be realistic or fair, you should consider this when posting bail).
Right to Remain Silent: The second most important right you control completely. You are not required to talk to the police when questioned about a crime. Exercise your rights. Do NOT give a statement. The Fifth Amendment and the Miranda decision of the Supreme Court generally state that the Fifth Amendment protects the innocent man, as well as the guilty. Anything you say likely will be tape recorded or videotaped with or without your knowledge. (Likewise, do NOT discuss facts of an alleged crime with family members, friends, co-workers, spouses, children, your accountant, etc. There is no privilege to protect your statements to these persons, so exercise your right to silence.)
Right to be Free From Unreasonable Searches or Seizures: The Fourth Amendment protects you from unreasonable searches and seizures. Unless an officer presents proper credentials and a search warrant, do NOT allow any search of your body, home, garage, business, computer, car, boat or other dwelling or conveyance or property. ONLY if the police have a valid search warrant is it appropriate to give permission to search. If there is a warrant, ask to read the papers before granting permission. Then ask the officers if you may watch as they search and ask to call your lawyer before the search. You never know whether your spouse, children or perhaps a friend or acquaintance (or even a stranger) may have placed or left contraband or other evidence of crime in or on your property. Although less likely, a "bad" cop could also "plant" evidence; therefore, NEVER allow a search without a warrant. If asked whether it will be okay to search, just say, "No."
Right to Bail: Generally, you have the right to a reasonable bail if arrested. The primary issues should be whether you are a risk of flight or a danger to the community. In Oklahoma County, there is a standard bail or bond schedule which is generally applied, but bond is occasionally denied. (Note. In Oklahoma County and many others, if you post bail the judges generally will not appoint counsel on the theory that if you can afford to bail out of jail, then you can afford an attorney. Though this may not be realistic or fair, you should consider this issue when posting bail).
Right to Subpoena Witnesses: If you go to preliminary hearing or trial, you have the right to compulsory process or to subpoena witnesses regardless of whether the witness agrees to cooperate. If you serve the witness with process, they must attend hearings and give testimony (thus the right of confronting your accusers).
Right to a Speedy and Public Trial: The Sixth Amendment guarantees a "speedy trial" without unreasonable delays. This does not mean that you receive an immediate trial, but factors are analyzed to determine whether the delay is reasonable and whether there is any prejudice caused by an unreasonable delay. Also, your trial must be open to the public (except in certain juvenile settings).
Right to a Trial by Jury: You are entitled to a jury trial, unless both you and the government agree to a trial before the judge (i.e., a "bench trial"). If you demand a trial, a jury of six or twelve qualified persons must be empaneled to hear your case.
Right to a Unanimous Verdict: To be convicted, the jury must unanimously find you guilty beyond a reasonable doubt. In most cases, twelve people must agree that you are guilty of the crime charged; otherwise, you cannot be found guilty. (If the jury reaches an impasse, the jury may be hung or split. Under these circumstances, you can be tried again).
Right to be Free from Subsequent Trials (Double Jeopardy): The Fifth Amendment states that no person be put in jeopardy twice for the same offense. If the jury unanimously agrees that you are not guilty, then you cannot be tried again for that crime.
Right to Appeal: Generally, you have an appeal of right if you are convicted at trial. (If you enter into a plea bargain or if you simply plead guilty, you may or may not waive certain rights to appeal). You have the right to counsel on appeal and if you cannot afford an attorney, one is generally appointed for your first appeal. You generally do not have the right to counsel is subsequent appeals.
Right to Due Process of Law: Generally speaking, this means that you must be given the opportunity of a fair trial or to fair procedures and that certain rights or privileges or property cannot be taken from you except under special circumstances.
Right to Equal Protection Under the Law: This right is intended to give all persons, regardless of race or creed or nationality or religion or gender, the same protections or rights. In other words, no person or class of persons shall be denied the protections enjoyed by other persons or classes in like circumstances.
Let the Wyatt Law Office defend your rights! We look forward to your call.
Special Guest Lecturer at the Advance Criminal Law Class, University of Oklahoma, College of Law, 2008
Special Guest Lecturer, Ethics Class, University of Oklahoma, College of Law, 2008
Cyber Crimes in State and Federal Courts & Technology and Security in the Modern Law Office, 2007
Applications of Forensic Psychology: MPD Redux, OCU Forensic Psychology Course, 2007
Oklahoma White Collar Crime, Oklahoma's Multi-County Grand Jury: Its Operation in White Collar Cases, OBA Continuing Legal Education, 2006
Practical Application of the Federal Sentencing Guidelines, Oklahoma Bar Association Continuing Legal Education, 2004
Criminal Defense 101, OBA Continuing Legal Education, 2003
Applications of Forensic Psychology: A Lawyer's Perspective in Child Abuse, OCU Forensic Psychology Course, 2003
Electronic Discovery, Luther Bohanan American Inn of Courts, 2002
Applications of Forensic Psychology: A Lawyer's Perspective on Multiple Personality Disorder, OCU Forensic Psychology Course, 2002