Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Tracy Tiernan
1 Answer | Asked in DUI / DWI for Oklahoma on
Q: arrested for felony DUI and destruction of property six months ago. Still haven’t filed charges. Why is that?

Chantel on bond they scheduled my first court date. I still haven’t received a new one or I haven’t filed charges yet.

Tracy Tiernan
Tracy Tiernan
answered on Feb 25, 2023

Many times when someone is arrested for a DUI where there is a lengthy to delay before charges are approved and filed, it is usually the result of a blood test being sent off to the OSBI laboratory for testing. It is absolutely not uncommon for the lab to take six months, sometimes more, to return... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If supervision fees are waived why are 991 fees still being required?

It's not for a bogus check, education or drug court.

Tracy Tiernan
Tracy Tiernan
answered on Jan 2, 2023

In Tulsa County, and in many other counties, a $40 per month probation “supervision fee” will be charged by the supervising entity that is in addition to any fees owed to the cost administrator on a payment plan for “fines and costs.”

Often times if you have completed most of your...
Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: What are the steps that need to be taken when someone has used my name for 5 court cases? 2 of them have warrants

The two with arrest warrents were issued from animal welfare.

Tracy Tiernan
Tracy Tiernan
answered on Jan 1, 2023

You need to contact a criminal defense, attorney, as soon as possible, supply them with all of the pertinent facts, locations, jurisdictions, copies of citations, etc…and they will guide you.

In some instances, the police who pull someone over in a traffic stop will have on their body...
Read more »

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If I ignore a subpoena, will I get in trouble? I wasn't there but I was the one who called 911.

Its a domestic violence case, I was not there but was on phone with victim, call got dropped and no answer when I called back, so I called the police.

Tracy Tiernan
Tracy Tiernan
answered on Dec 15, 2022

What a great question! And what an unbelievably common question in domestic assault and battery cases. Just about any criminal defense attorney will have a story about victims having a change of heart and wanting to stop this speeding train of prosecution against the father of their children or... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello, what's the sentences for Possession of a stolen vehicle, Assault with a dangerous weapon (non domestic), No DL

Second time tried as an adult on felony case, but priors were all dismissed

Tracy Tiernan
Tracy Tiernan
answered on Nov 18, 2022

Possession of stolen vehicle can be charged a couple of different ways, usually charged where it carries up to two years in prison while assault or assault and battery with a dangerous weapon carries a minimum of zero and up to 10 years in prison. There’s a misdemeanor option on the dangerous... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a question I was on a 20-year suspended sentence just got off of supervised probation hasn't haven't been in any

Violations and my girlfriend was trying to commit suicide by taking my insulin and I tried to get it away from her and I've been charged with a domestic misdemeanor and now I have missed my court date and she was subpoenaed is it true that if she doesn't show up to court that that's... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Nov 18, 2022

Well, your first issue is that you have a warrant for your arrest for missing court. That’s going to need to be handled immediately. You need to contact your bail bondsman to see if they will agree to stay on the bond and get that figured out.

Next, yes it’s not uncommon for the...
Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Us it true that if you get your first felony in Oklahoma between the ages of 18-25 you cannot receive a suspended senten
Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2022

Your question is not completely clear as to what you’re asking. It sounds like you’re stating that someone between the ages of 18 and 25 years old who gets arrested for their first felony offense is not able to receive a suspended sentence. What that statement implies is either that this... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I have been in prison in the past but more than 10 years ago but I Caught a new position with intent to dis tribute

What are the chances of me getting accepted into a alternative program?

Tracy Tiernan
Tracy Tiernan
answered on Oct 20, 2022

It’s difficult to say without knowing the specifics of your past criminal history. Alternative courts such as veterans court, drug or DUI court, mental health court, they are reluctant to accept candidates with a violent history, or a history involving guns or protective orders. It’s been a... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: A warrent was issued for trafficking illegal drugs and I know I was Targeted. what is the best move to make?
Tracy Tiernan
Tracy Tiernan
answered on Oct 14, 2022

I don’t think and you can state it anymore succinctly or correctly then Mr. Cincotta has done. Maybe add the words “It’s important that you…” to the beginning of “…Contact a criminal defense attorney immediately!” Best of luck!

View More Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: what questions should i say to keep my clinet out of jail?

i am doing a school project where i am a lawyer defending his client *he is charged with robbing a store and killing a attendent*,they were a mask and gloves, there are no witnesses to see the face of my defendent, the crime took place at 3:00 and my defenddent is told me he is guilty of the crime... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2022

I would take the time to contact a criminal defense attorney who specializes in felony cases, there are a lot of us.

The most obvious thing is you cannot let him testify at trial, particularly if he’s going to deny involvement or responsibility for the crime. Why is that? If you put him...
Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Oklahoma on
Q: Ok I have a question I have a child that is being lied on I have evidence of the lies being lies. Now the court is

Bringing up something over a year ago that he had done but I made him give it back to the man of the store and nothing else was said what do I do or what's going to happen they are that he is an alleged delinquent.

Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2022

Best advice is to not share specific facts on this public forum. Next I would call or consult a criminal defense attorney who handles juvenile cases to discuss your fact pattern in order to get an idea what you’re facing and what a likely outcome will be based on all of the circumstances. Best of... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Oklahoma on
Q: First offender but it's for threaten to perform a act of violence to a police officer. Can they ask to be sent to rehab?

They are a alcoholic with mental health issues. Can they be sent to rehab instead of jail. They have a serious problem and need help. Could the court order it or is it mandatory jail.

Tracy Tiernan
Tracy Tiernan
answered on Oct 4, 2022

Sounds like a situation where the offender has no prior convictions or arrests. If you want to or feel as though you need to go to rehab then by all means do it. However, most situations involving this particular crime and with no prior history are going to secure some type of probationary plea... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a charger uttering a forge instrument from 1994 the case was administratively dismiss can I still purchase a gun
Tracy Tiernan
Tracy Tiernan
answered on Sep 8, 2022

You stated you have a “charge” that was administratively dismissed. As long as you were never CONVICTED of a felony and don’t have any felony convictions you should be fine. It would be wise to consult a criminal defense attorney, however, to discuss the subtleties and specific facts of your... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does it mean if a person gets a first offense charge for Grand Larceny in Oklahoma?

What to expect if a family member is charged with a fist offense of grand larceny in oklahome

Tracy Tiernan
Tracy Tiernan
answered on Aug 23, 2022

Grand larceny under Oklahoma statutory law is a felony offense. It is generally defined as the theft of property or goods whose value is $1000 or more. In terms of felony offenses it’s a property crime which is generally viewed as something not quite as serious as many other felonies such as... Read more »

1 Answer | Asked in Car Accidents for Oklahoma on
Q: I was in an accident and I was not at fault. What recourse do I have after a low-ball offer from the at-fault insurance?
Tracy Tiernan
Tracy Tiernan
answered on Aug 20, 2022

Assuming you have already retained an attorney on a contingency fee basis, your main three options are:

1. You can accept it and close the claim out;

2. You can file a lawsuit provided your attorney has means and desire to take the case to trial;

3. You can make a counter...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Oklahoma on
Q: If a man goes to jail whom is now an adult can his juvenile records be brought up and used against him in court?
Tracy Tiernan
Tracy Tiernan
answered on Aug 13, 2022

The Short answer is yes, there are circumstances where a previous juvenile conviction can be utilized in District Court when someone becomes an adult (gun possession charge after have been adjudicated a delinquent). There are also circumstances where you might have the State/ City/ Federal... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My boyfriend is in Oklahoma County Jail he been in there for a month with a high bond, should I do affidavit

And file for an motion at the county clerk and also a bond reduction form

Tracy Tiernan
Tracy Tiernan
answered on Aug 11, 2022

They is clearly not enough factual background to your question to give you any meaningful guidance. However, it sounds like you might be the victim of a domestic abuse arrest for your boyfriend. If you’re talking about doing an affidavit, it sounds like you’re desirous of informing the district... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens if a woman I friended on Facebook sent pictures of a minor to me but I didn't ask for the picture?

Let me rephrase the question. She friended me. I didn't ask for the pic she sent it to me randomly. I deleted the conversation and blocked her. did I take the right steps?

Tracy Tiernan
Tracy Tiernan
answered on Aug 6, 2022

I’m going to assume that these pictures were illicit? I don’t have enough facts to give you confident guidance or counsel, however, it’s unusual when someone that you friend on a tool like Facebook would send you unsolicited inappropriate sexual pictures of a minor child out of the blue. You... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can you explain the Daubert hearing.
Tracy Tiernan
Tracy Tiernan
answered on Jul 29, 2022

A Daubert hearing, to describe it simply, is a pre-trial hearing that is usually brought about by the filing of a “motion in limine” which is a motion filed by one party in an attempt to exclude the expert witness testimony or evidence of the opposing party in a trial. In the hearing,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can a plaintiff violate their own protection order if the defendant has not been served

Oklahoma Emwrgency exports order

Tracy Tiernan
Tracy Tiernan
answered on Jul 3, 2022

The question is a bit confusing, but if a protective order has been issued against a party, the only one prohibited from certain acts is the defendant or the party served with that protective order. If the plaintiff seeking the protective order, the one who secured it from the court, contacts that... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.