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Questions Answered by Tracy Tiernan
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 »

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 »

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