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Questions Answered by Tracy Tiernan
1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens on a failure to appear on child in danger ment

In the state of Arkansas

Tracy Tiernan
Tracy Tiernan
answered on Apr 20, 2024

Well, a failure to appear on pretty much any criminal case across-the-board will be treated pretty much the same. With a few exceptions, the court (the judge) will Issue a warrant for your failure to appear (FTA). You will then be subjected to being arrested.

If you have a legitimate...
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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can Domestic abuse against a pregnant women. Be considered a felony first time incident.

I was booked under CF for this charge when we have no prior

Tracy Tiernan
Tracy Tiernan
answered on Apr 12, 2024

Oklahoma statutory law indicates that a domestic assault and battery on a pregnant woman where the defendant had reason to know she was pregnant is a felony offense carrying up to 5 years in the department of corrections. If the woman suffers a miscarriage as a result of the assault and battery it... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have been charged with 3 count larceny can I plea no contest or what should I do

I am sorry for what I have done I have a son I am scared to loose I was drunk and wasn't in the right mind state please help me

Tracy Tiernan
Tracy Tiernan
answered on Mar 27, 2024

Hi, the determination of whether or not you can enter a plea of “no contest” in a criminal case that involves a disposition by a plea bargain a lot of times depends on the courthouse in which you are charged, the judge you have, and the district attorney or prosecutor handling the file.... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Oklahoma on
Q: Can a officer arrest me for DUI of medication but put different details in affidavit? (Marijuana)

I was pulled over for speeding.The officer said he smelled marijuana.I was honest and told him I did have marijuana. He gave me a field sobriety test.I did tell him I take medication but I did not smoke marijuana that day. He told me i'm under arrest for taking the medication and driving. And... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 25, 2024

Well, if you took a blood test, that should settle the issue as to exactly what was in your system. Unfortunately, in many counties the fact that you have some overtime or controlled drug present in your system is usually enough for them to pursue this criminal charge against you. They will rarely... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Oklahoma on
Q: Police arrested the other party for assault & battery but NO incident # or police report given, sounds fishy? Oklahoma

I asked for a police report officer told me we don’t give police reports or incident report for this because all we would be doing all day is police reports if that’s the case???

Tracy Tiernan
Tracy Tiernan
answered on Mar 24, 2024

I guess it depends on when you asked for the report. they’re not gonna talk about or provide you with the report instantly after an incident has occurred, however, they should be able to give you some type of report or case number which will be different from the case number assigned to the... View More

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Oklahoma on
Q: If you have felony convictions and charged with felon in possession of firearm and animal cruelty. What sentence are you

Typically given if found guilty or given a plea bargain. Chances of getting a not guilty decision with so much lack of evidence is apparent. When there is no admission of guilt no physical evidence or second hand accounts.

Tracy Tiernan
Tracy Tiernan
answered on Mar 23, 2024

It’s always dangerous when you have prior felony convictions and you get arrested for a new felony offense. This is particularly true when you have more than one prior and they link up with each other and can be used under the second and subsequent offense statute to increase punishment on new... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Tracy Tiernan
Tracy Tiernan
answered on Mar 22, 2024

As a general rule, when a controlled drug is found in the possession of an individual, the primary factor (outside of whether they knowingly were in “possession”) is the quantity or weight. Trafficking in methamphetamine, for example, is 20 g, and it doesn’t matter whether someone possessed... View More

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have 2 current pending cases in separate counties and I hire a paid lawyer should he represent me for both case?
Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

If you’re asking, is he REQUIRED to represent you in the other county because you paid him for one county then the answer of course would be no (unless he agreed to that arrangement or you have a contract to that effect). If you’re asking, is it WISE to hire the same attorney for two different... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can these amounts be removed from my total amount of fines owed? In oklahoma I signed a 3yr deferred sentence in one

Then was transported over to another county to fight a charge I had over there then went 2 prison on that charge without ever bonding out. While in the second county & also when in prison the first county acknowledged I was still incarcerated but continued multiple times to issue compliance... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 20, 2024

I suspect there might be some misunderstanding on how some of the fees you are referring to originated. Also, the only way someone can be sent to prison is if they lose at a jury trial, lose at an application hearing where they have violated the terms of the probation, or they have otherwise... View More

2 Answers | Asked in Criminal Law and Native American Law for Oklahoma on
Q: I have a lot of questions about tribal law for my brothers charges and other things that concern me with his case

My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 16, 2024

Criminal charges involving a tribal member as the defendant, as I’m sure you have experienced, can remove a case from state court to a tribal venue. They will always set a bond except, in extreme cases, that would allow your brother to secure his release from custody if he were in the financial... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My friend already has a court appointment attorney and has been in jail for a lengthy amount of time if I Bond her

Out now will she keep her Court appointment attorney or will they still make her hire a private attorney

Tracy Tiernan
Tracy Tiernan
answered on Mar 7, 2024

That’s an excellent question, and a quite common question as well. It depends on the judge, the district attorney, and what type of case. If it’s a small misdemeanor case, there are instances where you can keep your court appointed attorney. If it’s a more meaningful case like a felony and... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I am served with a subpoena on a criminal case and fear for the safety of my child if i testify be undue burden?
Tracy Tiernan
Tracy Tiernan
answered on Feb 12, 2024

Criminal subpoenas go out every day across the state of to a variety of witnesses and victims.

One of the most commonly complained of phenomenons by District Attorney and Prosecutor’s offices is when these necessary parties fail to appear at court after having been subpoenaed. As a result...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Am I allowed to call my co defendants attorney to ask why he was dismissed of his count # charge but i have not...

What is prosecutorial discretion

Tracy Tiernan
Tracy Tiernan
answered on Dec 5, 2023

I think it’s safe to assume that you have an attorney representing you? You would never want to reach out to a prospective witness against you or their attorney without consulting your attorney, who undoubtedly has a game plan and strategy in place.

Often times with codefendants the...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My co defendant got his case dismissed but my charges haven’t been dismissed? How’s that work

I was the passenger in my friends truck when we were pulled over. Turns out his truck was stolen and there was a pound of meth inside a taped up puzzle box in the passenger floor board. It’s a single cab truck with a bench style front seat. He had lots of stuff in the floor board already, I was... View More

Tracy Tiernan
Tracy Tiernan
answered on Dec 3, 2023

There are lots of different reasons why charges might get dismissed or pursued only against a certain occupant when there is more than one occupant of the vehicle and drugs are found in the course of a search. There’s a possibility that one occupant is cooperating in order to save his/ her own... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but....

My Po says I can't? Does he have the right to deny me that right?

Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2023

I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: What if someone that is a felon gets a gun charge from a gun that was locked in glove box of car unaware of it there

From Texas in Oklahoma and the owner claims the gun and never give them consent to search or unlock glove box

Tracy Tiernan
Tracy Tiernan
answered on Oct 22, 2023

Someone convicted of a felony is not allowed to possess a gun under his roof, in his car, or in his pocket.

The situation that you have provided raises a couple of interesting questions. The first is the legality of the search and seizure. The second is knowledge of the presence of the gun...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I get something expunged off my record

It’s been on my record for over 30 years

Tracy Tiernan
Tracy Tiernan
answered on Oct 9, 2023

Many criminal defense attorneys also offer criminal record expungement services. It involves a petition, serving notice on several entities involving law-enforcement and other state offices, setting it for hearing, and, in most instances, simply circulating an order of expungement for signatures... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: OSCN reads Jury Trial (issue) with the upcoming date. What exactly does this mean?
Tracy Tiernan
Tracy Tiernan
answered on Oct 1, 2023

An “issue” setting means it will be the actual Jury Trial. An evidentiary trial before a Judge with an impaneled jury, testimony taken from witnesses annd evidence introduced. The trial will conclude with a deliberation by the jury and, hopefully, a final verdict.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: So what does it mean when in it it says it's a state request more time at waiting for lab results and no record at this

Does that mean they don't have the proof of how much I had or what I had on me or is that events might have been lost or is it because I was arrested by Tribal Police but I'm going through a state case

Tracy Tiernan
Tracy Tiernan
answered on Sep 27, 2023

Criminal cases involving questions as to someone’s, possibly having ingested drugs or alcohol can sometimes be delayed when test results are sent off to the Oklahoma State Bureau of Investigation lab or some other lab for testing. I’m not sure what your situation is but I suspect, perhaps, a... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a bondsman tell you where you can live? Can they revoke your bond if you don't do what they say?
Tracy Tiernan
Tracy Tiernan
answered on Sep 16, 2023

Many bondsmen/ women operate differently. They don’t have to take your case. If they feel uncomfortable or feel, there is a risk you might not show up to Court or you are a flight Risk.

Again, you need to contact the bondsman/ woman that you have to discuss any issues related to a change...
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