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Questions Answered by Tracy Tiernan
2 Answers | Asked in Criminal Law and White Collar Crime for Oklahoma on
Q: If a person pawns items they don't own, but retrieve items and return to owner w/o anyone knowing, can they be charged?
Tracy Tiernan
Tracy Tiernan
answered on Sep 14, 2023

Interesting fact pattern for certain. The crime (False Declaration of Ownership) was completed when you signed the document alleging you have owned the property for a certain period of time. The fact that you retrieve it later and make everything right would certainly be an extenuating circumstance... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was never served a e.p.o. paper never arrested or questioned why do I have felony warrant now issued? From state
Tracy Tiernan
Tracy Tiernan
answered on Sep 5, 2023

Emergency protective orders are not criminal charges, they are sort of “quasi criminal.” They are intended to keep certain parties apart from each other because of the alleged wrongdoing of one of them. As long as rules are followed once a decision is made on whether there is any merit to an... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If my friend already plead no contest & is in mental health court & was to go to treatment but didn't can i find a lawye

Would it be better if I got him a paid attorney

Tracy Tiernan
Tracy Tiernan
answered on Jul 19, 2023

I’m afraid we’re going to need a bit more information before we can give you any meaningful direction.

But it sounds like you have a situation where a public defender or indigent defense attorney was appointed for someone who was sitting in jail as the case was making its way through...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a “PD” who has “dropped your case”. Decide to represent you at random to persuade you sign sentencing papers

When I was a kid, barely 18 even I got into trouble and caught a felony case.. I was so young and scared of the system that when my mother bonded me out I glad-fully forgot about the incident.. Until my court date came and I was sitting in the courtroom with my mother, both of us scared to death..... View More

Tracy Tiernan
Tracy Tiernan
answered on Jul 3, 2023

Very good question! In most instances, when a defendant arrested for a crime is bonded out, it shows the court (or judge) that you likely also have the financial ability to hire and pay a private attorney to represent you. They go to great lengths to lighten the load for the public defenders... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If my attorney has dementia can she legally continue to represent me in court and during trial in a criminal case
Tracy Tiernan
Tracy Tiernan
answered on Jun 23, 2023

Great question!

If you have noticed this dementia, and if you believe it is affecting the quality of representation of your case, it would be up to you whether or not to bring this concern to that attorney or the Court (Judge).

The attorney, I imagine, might disagree with you or...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My daughter is in custody and we had a lawyer but I fired now a PD but neither will show her the discovery. What to do

We fired the lawyer because she lied about what she can deliver , she lied about being at court, she lied about not being able to have access to the discovery. She lied about when preliminary conference and the preliminary was. We asked for the preliminary to be scheduled and she kept scheduling... View More

Tracy Tiernan
Tracy Tiernan
answered on Jun 9, 2023

You should always be suspicious of any attorney that says he drinks with the VA and currys favor with a Judge.

Can you tourney who won’t share evidence with the client he’s not doing their job. Most competent attorneys in just about any county should have your evidence within 1 to 7...
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1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: Is the statue for interrupting a 911 call beyond a reasonable doubt to be found guilty or other form?

Witness to testify it did not happen.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2023

Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.”

This concept involving how...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does a Motion for a discovery and brief in support mean?
Tracy Tiernan
Tracy Tiernan
answered on Apr 3, 2023

A motion for “discovery” is often filed when one party, usually the defense attorney, but it can also be the government’s attorney, files a motion, asking for additional evidence that they believe might be in existence but has not been turned over to them yet. A “brief in support” of such... View More

1 Answer | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Oklahoma on
Q: If a mother filed charges on the father for child abuse with injury and decides to drop the charges what are the

consequences for the mother if she drops charges and a protective order? He doesn’t live in their home. She was told she could be charged with a misdemeanor. Is that true?

Tracy Tiernan
Tracy Tiernan
answered on Mar 28, 2023

This question depends a lot on the involvement of the department of human services in the matter. However, as a general rule, if a man has abused one of the children in the home (doesn’t matter whether they are his biological children, stepchildren or children of a girlfriend in a relationship)... View More

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... View 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...
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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...
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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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Domestic Violence for Oklahoma on
Q: Is it considered domestic violence in oklahoma to with hold food from your spouse , domestic partner , common law wife

Not allow them to eat anything becausre your not feeling well and did not cook for him because he left and staid gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More

Tracy Tiernan
Tracy Tiernan
answered on May 5, 2024

Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: What does 141 dismissed/ withdrawn mean?
Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2024

I’m not sure what the number “141” signifies, but when something is “dismissed” or “withdrawn” in a criminal case, it is almost always nothing but good news for the defendant. Charges being dismissed? Very good thing! An application to revoke or accelerate your probation being... View More

2 Answers | Asked in Car Accidents for Oklahoma on
Q: A pedestrian ran out in front of my daughter and she hit him. Is she reliable?

My daughter had a green light making a left hand turn. A pedestrian came out of nowhere and ran in front of her. She hit him. He was medi-flighted out with pain to his left side but moving all extremities and coherent. Could she be reliable?

Tracy Tiernan
Tracy Tiernan
answered on Dec 30, 2023

Definitely not enough information to give a learned opinion on this site. Was there a crosswalk? Was there an electronic device indicating when to walk and when to stop?

You need to contact a seasoned personal injury attorney, maybe provide them with the police report (which is hearsay,...
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