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Questions Answered by Tracy Tiernan
1 Answer | Asked in Criminal Law for Oklahoma on
Q: I need help as to what I need to do. I had my door kicked in the only thing found was a meth pipe and scales. No drugs

Were found. I was told I sold to a c I. No charges have been filed they want me to do a controlled by but for the safety of my family im not gonna do that. What do I need to do im in Oklahoma. Someone plz help

Tracy Tiernan
Tracy Tiernan
answered on Jun 28, 2022

It’s a very bad idea to discuss such a situation on a public forum such as this. Clearly someone who had been arrested and was in serious trouble was asked to assist law-enforcement with locating other criminal activity in order to save his/ her own skin. This is a very very dangerous situation.... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Out on bail what to expect it arrignment for MTR misdemeanor. No new charge only failure to comply with rules and no pay

Oklahoma

Tracy Tiernan
Tracy Tiernan
answered on Jun 28, 2022

There are a number of ways to have a motion or application to revoke or accelerate a probation filed against you in a criminal case. The worst type of violations are if you get arrested for a felony or a misdemeanor crime. These situations will almost always result in a much more severe consequence... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a defendant have a criminal case that has been sentenced, moved to another jurisdiction?

Sentenced to 15 in/15 out. Some racial injustice. Victims parents are friends with sheriff and other people of influence. Modification of sentence denied June 2022.

Tracy Tiernan
Tracy Tiernan
answered on Jun 24, 2022

Any change of venue based on alleged or perceived bias or unfairness associated with a judge, district attorney or law enforcement probably should’ve taken place well before trial, sentencing or disposition of the case. At this juncture, your best bet is simply to contact an attorney who... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Is my case able to be dismissed?

I have had no criminal record until recently and im being charged with larceny of merchandise from retailer in the amount of $19.97. I switched a clearance sticker on 2 items. And Resisting an officer by jerking away after he startled me upon reentering the room angrily as where when he left he... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Jun 20, 2022

If you have had no previous criminal arrests or convictions then a misdemeanor arrest for crimes such as these are routinely handled with the end result being a dismissal after a period of probation (Assuming you’re guilty or your attorney can’t get the case dismissed).

As far as the...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My fiancé was arrested on a warrant for missing a court date after being granted a 90 day compliance on a deferred

He was not offered bond at arraignment and was given a court date for 1 month out. Are they going to send him to prison? Will they give him an opportunity to make this right and let him out on a suspended?

I’m in a panic. He takes care of us, is the only one that works and pays the bills... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Jun 14, 2022

Without having all the facts related to the criminal case, it’s going to be very difficult to give you any educated guess as to how the case will end up. The more serious situation where someone headed for probation could likely lose that opportunity is where they get arrested for a NEW crime.... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was charged with possession of controlled and dangerous 63 o.s 2-402 a misdemeanor what does that carry in oklahoma

Can they change it to a felony later on in my court dates

Tracy Tiernan
Tracy Tiernan
answered on Jun 2, 2022

You should contact a seasoned criminal defense attorney to discuss the facts of your case as most of us will get free consultations over the phone or in person. The statute you have recited refers to merely drug “possession.” Possession of all drugs in Oklahoma is a misdemeanor (provided it... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I haven't been in trouble in 7 years but I do have a couple of CDs charges I had seeds and stims and klonopin now meth

This meth charge I just got was not mine someone threw the bag out my passenger window because they where arresting my wife I said it was mine what do I do

Tracy Tiernan
Tracy Tiernan
answered on Jun 2, 2022

First of all you should immediately contact a seasoned criminal defense attorney who specializes in drug cases. We don’t have information as to the initial contact, while you were pulled over. We would need information related to their reasons for conducting a search as well. Essentially though,... Read more »

1 Answer | Asked in Civil Rights, Internet Law and Juvenile Law for Oklahoma on
Q: Can A 14 Year Old Make A Statement On The Stand?

Hi, I was wondering if my 14 year old sister could go up to the stand and make a statement. She wants to clarify the situation since our parent(s) are completely over-dramatizing the situation (according to her) .... She feels as if it's our parents are against the defendant (19) and she... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Jun 1, 2022

As a general rule age is usually not a bar two ones ability to testify as a witness in a courtroom as long as they have the capacity to testify truthfully and their testimony could assist the trier of fact (Jury or Judge). However, the attorneys on each side could have something to say about it. I... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: I was pulled over for speeding place in cuffs and was being detain my passenger has a register firearm under my seat

Not in plain sight no search Warrant or consent of search of car I’m the driver can I be charged with felony afterforeman

Tracy Tiernan
Tracy Tiernan
answered on May 30, 2022

As you are aware, as a convicted felon (or an adjudicated delinquent) you are not allowed to have any firearms in your house, in your car, or on your person. They’re going to use what’s for referred to as a reasonable person standard in most cases.

We simply need more facts to provide...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend' was in my motel room while I was at work. Police found drugs in her purse while she was in my room.

Why am I being charged for possession of the drugs. When she was the only person in the room and the drugs were found in her purse.

Tracy Tiernan
Tracy Tiernan
answered on May 29, 2022

Very interesting set of facts. We would need a few additional facts in order to give you the best answer possible. Why were the police at your apartment? Did they have consent to enter or did they have a warrant? Was your friend living there or simply visiting? What exactly did she tell the police... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Oklahoma on
Q: The state picked up charges i filed against someone. I am being called as a witness. Do i nees a lawyer?

This is a dangerous animal case. My neighbors dog charged under a fence and attacked my dog Can they legally bring the dangerous animal near me/my home? This happens so often that i missed the first court date because i was afraid leave my home to check the mail. What is considered witness... Read more »

Tracy Tiernan
Tracy Tiernan
answered on May 11, 2022

In most instances victims of crime or witnesses who report crimes do not need an attorney. As a victim, assuming that’s the situation, you have an attorney already through the government, whether it’s a city prosecutor, an assistant district attorney, or a Assistant US attorney. But, It... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Whats the max sentencing on second degree burglary if a second page a.k.a. supplemental information of prior felonys
Tracy Tiernan
Tracy Tiernan
answered on May 5, 2022

We don’t have enough information to give you an accurate answer. Title 21 of the Oklahoma statutes, section 51.1 is where you want to check. Your answer depends on how recent your prior felony convictions are and how many you have, and the date your last felony (ies) were completed.

It...
Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do I prove I was trying to help, not steal?

I found a phone and wallet at a grocery store 30mins before close. I took it, and tried to find this person. From her DL, I looked her up on FB, and contacted like 3 family/friends (based on last name). I drove to the address on DL, but it was an apartment complex and DL didn't have apt... Read more »

Tracy Tiernan
Tracy Tiernan
answered on May 3, 2022

Your sory has the appearance of being reasonable, however you need to consult a criminal defense attorney, present him/ her with the proof that you have described and get an opinion as to whether or not it might hold water in a court of law (or help in a plea negotiation with the state). What might... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it normal to be jailed for unpaid fines on a court case that was dismissed.
Tracy Tiernan
Tracy Tiernan
answered on May 2, 2022

Cases are dismissed for a variety of reasons. It doesn’t always mean that someone is innocent, but I don’t know your story. Many times cases are dismissed in a plea negotiation after a period of probation. Sometimes when a case is dismissed there are costs or monies that are still owed. If they... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: It was not a city cop. It was light horse that came out. But they were looking for a gun and found drugs in a box that

The box was not big enough to hold a gun.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2022

In your factual statement you didn’t recite whether they had a warrant or not. There are lots of factors that go into suppressing an illegal search and seizure. You need to immediately contact and or retain a criminal defense attorney who can go over the facts carefully and make a decision on... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can police enter your house for a arrest warrant even if they don't know if you're there or not

A buddy has a arrest warrant out for him and just wondering if they could go into his house to arrest him even if he doesn't answer the door and they don't know if he is there. This has nothing to do with a search warrant and don't involve me. I just curious if police can kick your... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Apr 28, 2022

You need to consult a seasoned criminal defense attorney for a more educated answer based on the specific circumstances involved in your case. However, as a general rule, if the police have a search warrant they will come to your house and knock and announce their presence. If they receive no... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a DA's office call me and serve me with a subpoena by telephone?

A subponea for me has been issued twice now and i have yet to be served with anything from anybody.

Tracy Tiernan
Tracy Tiernan
answered on Apr 26, 2022

You need to consult a civil or criminal defense attorney with expertise in this area and have them review the Oklahoma statutes related to service of process. As a general rule though, subpoenas are commonly served in person by a licensed process server or a law enforcement official or by mailing... Read more »

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Oklahoma on
Q: I have a first offense dui, I am in Cleveland county Oklahoma, am I allowed to continue using OMMA medical card?

My Dui was under alcohol and had nothing to do with drugs.

Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2022

The freedom to use one’s medical marijuana cards to ingest medical marijuana while someone is on any type of criminal probation in the city or County courthouses throughout the state of Oklahoma is a confusing mess.

Well many probation officers and Judges DO allow the use of medical...
Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can you get your firearm rights back after completing a deferred adjudication for domestic violence?

I served a 3 yr. deferred sentence. Just wondering if once they dismiss the case I get my firearms rights back or if I have to wait till I can get the whole thing expunged. Is there a process in Oklahoma you have to follow?

Tracy Tiernan
Tracy Tiernan
answered on Apr 4, 2022

A deferred probation means you’re not allowed to possess, in any manner (your car, your home, your pocket) any firearms. Once your deferred probation is concluded and the case is dismissed, as long as you’re not a convicted felon from some other episode in your life, you should be able to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If someone got obstruction of an officer and is on parole what would their bail be

He was evading the police and wrecked the car but when I called the jail they said his charge was obstruction of an officer. What would his bail be?

Tracy Tiernan
Tracy Tiernan
answered on Apr 2, 2022

Notwithstanding the fact that this arrest might very well trigger a violation of his parole, the bond typically set for a misdemeanor obstruction would be around $1,000.

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