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Questions Answered by Tracy Tiernan
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...
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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 »

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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!

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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...
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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...
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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 »

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...
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