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Questions Answered by Tracy Tiernan
3 Answers | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: Do u have to have a lawyer for your 2nd court date
Tracy Tiernan
Tracy Tiernan answered on Jul 7, 2020

There are many variables that dictate what path to take when you are “invited” into the criminal court system in the state of Oklahoma. Is it a felony or misdemeanor? Does it carry a fine only, jail time, or prison time? Any case which involves the potential for loss of liberty (jail or prison... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma how much jail time can you get for not completing 18 hours of community service
Tracy Tiernan
Tracy Tiernan answered on Jun 17, 2020

No real way to know until you consult/ retain an attorney to go negotiate with the District Attorneys office. It could range from meaningful time in jail or prison to an agreement for some additional time to complete the hours/days and a dismissal of the Application to Accelerate or Revoke. Hire an... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Am I allowed to shoot a protester

If I’m driving and come across a group of protesters who then decide to start trying to bust out my car windows and pull me or a family member from the car. Can I then use lethal force to defend my property and self and family?

Tracy Tiernan
Tracy Tiernan answered on Jun 1, 2020

As a general rule you cannot use deadly force unless you are in fear of imminent harm to your safety or the safety of one of your family members typically. If you have an opportunity to flee or avoid the dangerous situation, you are required to do so as long as you can do it safely. You can’t... Read more »

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3 Answers | Asked in Criminal Law for Oklahoma on
Q: Can two lawyers be hired for one case?

Charges are possession of controlled substance with intent to distribute. Client is worried additional charges may be applied as well.

Tracy Tiernan
Tracy Tiernan answered on Apr 25, 2020

Provided you have the resources to retain two different lawyers, but, of course, you can hire as many attorneys as you like. You would likely prefer that they work on separate cases (as there could be some difficulty sharing responsibility if Two different attorneys brought their different... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: If someone has a daughter and grandchild that depends on them entirely, could she serve community service instead of tim
Tracy Tiernan
Tracy Tiernan answered on Apr 16, 2020

Of course. However, the fact that you are posing this question leads me to deduce that you have been offered some type of incarceration, be it jail time or prison.

And, as I suspect, if you have had legal counsel representing your interests along the way to arrive at your final plea offer...
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2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I'm being charged with 2 counts of manslaughter. What can I expect from my prosecution?

They are charging me with an dui with BOC. Of .o8. I haven't drank in 7 years so that's impossible.

Tracy Tiernan
Tracy Tiernan answered on Apr 5, 2020

You need to contact a seasoned criminal defense trial attorney as soon as possible. This is likely first-degree manslaughter (which carries a minimum of four years and up to life in prison). There are lots of factors that you have not included (wisely) in this question. They will ask for prison... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: I had felony charges and completed my differed sentence and the court dismissed my charges does that mean Im not felon

Does that mean I'm not a felon?

Tracy Tiernan
Tracy Tiernan answered on Apr 3, 2020

Yes. That’ll be $50 (just kidding! Congratulations! Great job!)

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the maxium punishment for Grand larceny with Afcf? What if the individual has 17 years of probation also?
Tracy Tiernan
Tracy Tiernan answered on Mar 28, 2020

There’s not enough information to answer your question with specificity. Grand larceny has different grades of punishment based upon the value of the items stolen. With the prior felony conviction it could be a dramatic difference in the ranges of punishment. If you’re already on a long... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I have my firearm confiscated under a off of "intoxicated while in possession of a firearm" am I able to get it back?
Tracy Tiernan
Tracy Tiernan answered on Mar 21, 2020

You need to retain an attorney immediately to protect your rights and property. An attorney will look at the evidence, scrutinize the encounter with law-enforcement, see if there’s anyway to beat the charge. If not, depending upon your prior history, attorneys can typically help you preserve your... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can someone charged in a robbery case met with so called traumatized victim then contact them to drop charges?

Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life

Tracy Tiernan
Tracy Tiernan answered on Feb 2, 2020

Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Will a vape charge be on my permanent record?
Tracy Tiernan
Tracy Tiernan answered on Jan 29, 2020

It depends on how the case is dealt with at court. Did you have an attorney? Did you represent yourself? Typical outcomes could be an outright dismissal, a probation that’s suspended (Conviction on your record but no jail time), a deferred probation (no conviction on your record if you... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Oklahoma on
Q: Were my rights violated?

I went to court unrepresented, the judge was upset with that and locked me up. I do not recall any formal reason from him other than that. I stayed in jail for two weeks just to qualify for public representation. I wasn't given forms to file for one until the district attorney was called and... Read more »

Tracy Tiernan
Tracy Tiernan answered on Jan 21, 2020

most judges are reasonable and quite tolerant in terms of giving you time to secure private counsel to represent you if you bond out of jail. I suspect the judge gave you more than one chance to show up with an attorney and you were either unable to secure one you could afford or you refused to do... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I recently was informed of an up upcoming court for a traffic stop that has been pending. The charges are P.I.,leavin sc

Leavin scene/damage, DUS, no ins. What can i expect when i get to court ? Would it be in my best interest to hire a lawer or use court appoint attorney ?

Tracy Tiernan
Tracy Tiernan answered on Jan 7, 2020

Not enough information to know what exactly could occur in terms of an offer of punishment or plea bargain. You need to hire an attorney immediately. If you are indigent (can't afford a private attorney) then you can complete a pauper’s affidavit and seek a free attorney to represent you.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I'm trying to find out if my son has court today or tomorrow

They say he went to probable cause on the 2nd of January but not showing another court date is what the county jail told me. This makes his 3rd probable cause since in jail.

Tracy Tiernan
Tracy Tiernan answered on Jan 6, 2020

You may call any of probably 1000 criminal attorneys and we can answer your question. You can also call the court clerk at the courthouse where the charges were brought.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: i got possession of marijuana and minor possession of tabacco and i was just wondering what my consequences might be

This is my very first offense of any kind

Tracy Tiernan
Tracy Tiernan answered on Jan 4, 2020

There are a lot of different variables that could affect the path your case tales. With no prior convictions you’re much more likely to have a very favorable resolution that you have had previous runnings with law-enforcement or juvenile authorities. . You need to consult a criminal defense... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: My brother broke his probation my aunt pressed charges for knocking her teeth out she had her kids jump him he has hhd

right now he isn’t charged with anything but he’s a pending case & he’s about to be charged w salt & battery and breaking his probation but in his self defense he knocked her teeth out with his feet

Tracy Tiernan
Tracy Tiernan answered on Jan 2, 2020

Consult/ hire a seasoned trial attorney. Typically when you promise to judge you will follow the rules and stay out of trouble, and something like this arises...you can expect some meaningful problems. Sounds like there were witnesses to the event. What will they say? Who was the first aggressor?... Read more »

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1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: What's the chances of going to prison if ive been charged with abuse of the elderly first offense
Tracy Tiernan
Tracy Tiernan answered on Dec 31, 2019

Most attorneys that will respond to this question will, understandably, want your business first and foremost. Here’s the truth. To quantify percentages of people who go to prison on the first offense it probably sounds like somewhere around less than 1%. But when you break it down, there are... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is there a way I can still have the case continued where I dont testify in court infront of the gentleman?

He makes me really un easy just being around him

Tracy Tiernan
Tracy Tiernan answered on Dec 31, 2019

Unfortunately you need to provide some additional information for a reliable response. Are you a defendant (doesn’t sound like it)? Or are you a victim or other witness (sounds more probable)? Cases get dismissed when witnesses fail, or refuse, to testify. They can be passed or continued at the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I had an expungement a few yrs back and got arrested today, would the police's background check automatically show it

I was arrested and convicted of a felony 15 yrs ago. The charges were later reversed and dropped on appeal. A few yrs ago, I received a complete expungement. If I got arrested today, would the police or d.a automatically find the expunged charge, or would they have to search deeper and for a... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 23, 2019

It’s difficult to answer that question without additional information from your case. We would need to know the specific charge, the manner in which it was disposed of, whether it was a felony or misdemeanor, things like that. Some expungements go very deep and can get rid of the arrest record... Read more »

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I need legal advice how to get my license back, even a modified license with a past dui and failure to comply.

In 2015 I was arrested for DUI. I failed to pay my fines or show up to court. In 2017 I was arrested for driving on a suspended license. I was ordered to pay fines, check in with probation, and have alcohol assessments done. I did do the assessments, but failed to do everything else and did not... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 20, 2019

Many attorneys handle DUI cases and your licensing issues at the same time for the same price. If you want to go the cheap route and not have to retain an attorney you can simply go to any Department of Public safety office early in the morning when they open and sit down with a hearing officer.... Read more »

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