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Questions Answered by Tracy Tiernan
1 Answer | Asked in Criminal Law for Oklahoma on
Q: In the state of oklahoma how much time can u get for the following charges possion of cds conspiracy to commit a felony,

Poss possession with intent to bring into a penal institution, possession marijuana, position of pharanellia, open container

Tracy Tiernan
Tracy Tiernan answered on Jul 24, 2021

You need to contact a criminal defense attorney to get exact statutory language and numbers, but possession of CDS is a misdemeanor and, in Oklahoma state courts, carries up to one year in the county jail and up to $1000 fine. I believe Conspiracy to Commit a Felony is a felony and carries up to... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was bonded out on a $20,000 Bond went to court was told that I couldn't get a court-appointed lawyer

I have no job I can't afford a lawyer felony possession of a firearm

Tracy Tiernan
Tracy Tiernan answered on Jul 16, 2021

Public defenders, or other state provided criminal defense attorneys, are generally reserved for the indigent or poor. First and foremost they are responsible for representing the majority of in custody criminal defendants who don’t have the money to bond out and go home pending the resolution of... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a motorcycle I was sorking on for a guy ended up being stolen and it was found in the garage ahere I live at. Trouble
Tracy Tiernan
Tracy Tiernan answered on Jul 9, 2021

Yes, it could be big trouble potentially. Possible Possession of Stolen vehicle, Knowingly Concealing Stolen Property. You need to immediately consult a criminal defense attorney

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does “Jury Trial (Issue)” mean in Oklahoma? The final pretrial was just cancelled and this was scheduled.

The final pretrial was just cancelled and this was scheduled for a week prior to the trial date. No jury selection has been scheduled or anything?

Tracy Tiernan
Tracy Tiernan answered on Jun 28, 2021

As a general rule whenever you see the word “issue” attached to a court proceeding it means evidence will be taken, witnesses will be called, final disposition of some stage in the life of that case will be had. For instance, in felony cases when the court characterizes a setting as... Read more »

2 Answers | Asked in Criminal Law and Family Law for Oklahoma on
Q: Am I required to leave my house if an emergency ex parte order is not granted
Tracy Tiernan
Tracy Tiernan answered on Jun 25, 2021

Attorney Louden is correct. But the fact you have stated are a bit cryptic. We are simply making an assumption that you enjoyed a legal right to reside in that house prior to anyone ‘s pursuit of ex pate relief in any court proceeding.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My significant other is currently incarcerated for an alleged charge that a alleged victim is involved. The alleged…

Victim was recently arrested. So what will happen with the case involving my significant other knowing that she is in police custody.

Tracy Tiernan
Tracy Tiernan answered on Jun 23, 2021

I’m afraid there’s not enough information to give an accurate answer. When you say “incarcerated” I will assume you mean he/she is in prison, which seems to indicate he/she must have pleaded guilty to this crime and accepted a plea bargain (or lost at trial/ or was sentenced after a blind... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What does commitment issued and return commitment mean

My friend went to jail on a sanction it says commitment issued now it’s saying commitment returned document unavailable are they being terminated or do they get to come back to the program

Tracy Tiernan
Tracy Tiernan answered on Jun 19, 2021

Those are simply terms used by the court system indicating that a document(s) pertaining to a defendant being taken into custody have been issued by the Court.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If you are bonded out of jail when you go to your court date can you still get a court appointed attorney?
Tracy Tiernan
Tracy Tiernan answered on Jun 15, 2021

This is a bit of a difficult question to answer as it varies from county to county, from Judge to judge (particularly with the coronavirus pandemic having ravaged the country this past year or so.

In many instances the courts have dramatically reduced bonds to get people out of custody as...
Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: What writ is it where an inmate is being held for a jail sentence in one county serving a sentance but petitions another

Petitioning one county to start sentence while being held serving in a different county.

Tracy Tiernan
Tracy Tiernan answered on Jun 7, 2021

Learned counsel is correct. If you’re serving a sentence in one location but have a pending case in another jurisdiction you can file a “writ of habeas corpus” to have the facility where you are serving time transport you to the other location in an attempt to negotiate a deal/ resolution and... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a misdemeanor assault and battery in Bristow,Oklahoma and need an attorney. How much with it cost.

She lied and said I broke in a assaulted her but she was living with my 70 YR old mother that she threatened to slap as she was going towards her and my mom grabbed her cane and told her I wish u would cause I'll beat u with my cane. Then called me crying and I went up there and slapped her... Read more »

Tracy Tiernan
Tracy Tiernan answered on Jun 1, 2021

Attorneys fees vary greatly from city to city and attorney”s office to attorney’s office. You simply need to do a Google search for “criminal defense attorneys Creek county,” make a list of perspective attorneys to call and call them one at a time asking their rates. You can also check... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What can I do? I go to non jury trial to explain to the judge

My case is possession of stolen copper.

I feel if I go in and tell the judge what happened he will get me for theft of stolen copper instead of possession. There was a spool of braided copper by this oil field site

I’ve worked in many and never seen anything like that around.... Read more »

Tracy Tiernan
Tracy Tiernan answered on Apr 18, 2021

You won’t get many takers to respond to your legal question knowing that you’re represented by an attorney. I would encourage you to sit down with him/ her, explain your concerns and have him/ her go over all of your options. Most attorneys charge far greater attorneys fees for trials (bench... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is what is the stipulations of knowingly concealing

I didn't know until days later

Tracy Tiernan
Tracy Tiernan answered on Apr 11, 2021

Not sure exactly what your question is, but here is the language from OS Title 21 Sec. 1713:

“Every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What charges could someone recieve for stealing a deceased person's prescription narcotics

My friends mom died my friends brother's wife stole the moms medication to sell

Tracy Tiernan
Tracy Tiernan answered on Mar 16, 2021

Burglary/ Possession of Stolen Property/ Knowingly Concealing Stolen Property/ Unlawful Possession of CDS with Intent to Distribute/ Just to name a few possibilities.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: In Oklahoma, Kay county specifically, I was subpoenaed in a DV case against my partner. Do I have to testify?

February 2020, a situation arose, I never called the police, my adult son did. Partner was arrested and charged with kidnapping me. I didn’t want to press charges, but I did under pressure from my son. I went to the DA’s office a few days later and told them I wasn’t going to testify. I have... Read more »

Tracy Tiernan
Tracy Tiernan answered on Feb 2, 2021

This is a very difficult situation for you. It’s also an incredibly common situation in most domestic violence cases where the alleged victim doesn’t want to put daddy or boyfriend or family member or roommate in jail or prison. Well, you certainly COULD get arrested for a misdemeanor... Read more »

2 Answers | Asked in Criminal Law and Business Formation for Oklahoma on
Q: Bail set at 2500 for second degree burglary is there a fine to pay or is it automatic jail time
Tracy Tiernan
Tracy Tiernan answered on Jan 13, 2021

Right now you enjoy a presumption of innocence and that status will not change until and unless you sign paperwork stating otherwise or are sentenced by a judge or jury after a trial or plea. Hire a criminal defense attorney who can immediately secure all of the evidence, search for... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: 2 domestic incidents within 3 months of each other, am i looking at prison time? The anger is from my drug addiction.

I wasn’t arrested either time because I fled. My kids were at home both times. I have a drug problem that needs addressed, that’s the reason all this has happened, because of my drug addiction. I know the first charge domestic a & b with strangulation is NOT good. Now add a second incident... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 21, 2020

Anyone that tells you anything different than what you have surmised is simply speculating. Strangulation carries a minimum of one year and up to three years in prison. Lots of those cases actually get dismissed, particularly if the victim doesn’t want to send daddy/ boyfriend to prison. However,... Read more »

2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I got arrested for a dui over 6 months ago and it says they’re gonna drug test me i have my medcard can i smoke marijuan

due to covid i haven’t been able to get a court date or start a probation time and it’s been so long i feel as if i’m supposed to be covered by the medcard

Tracy Tiernan
Tracy Tiernan answered on Nov 3, 2020

It is a big chaotic circus right now with different counties implementing different rules relating to the medical marijuana issue and probation. It sounds like you haven’t waived your trial rights or been placed on probation yet which is good. Most judges appreciate when you’re upfront with... Read more »

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2 Answers | Asked in DUI / DWI for Oklahoma on
Q: What are my chances of getting a deferred sentence? And if I do is my license still suspended?

.13 bac dui first time

Failure to maintain lane

Transporting an open container

I’m a Texas resident but was charged in Walters ok. Leaving the casino and immediately was pulled over and given a field sobriety test. Failed that and was arrested taken to police station... Read more »

Tracy Tiernan
Tracy Tiernan answered on Sep 7, 2020

Any attorney that guarantees you a certain result is lying because we don’t know until we rifle through the evidence and check your past. Also, occasionally, there are unreasonable DAs and/or judges or peculiar facts. If you were in Vegas I think the odds of you getting a deferred probation for... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can police raid your house at night
Tracy Tiernan
Tracy Tiernan answered on Aug 10, 2020

Felony warrants stemming from criminal investigations can be served day or night. I suspect this is what happened. You need to contact an attorney immediately to get a copy of the warrant in order to see if there’s anyway to challenge it’s Validity

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: How can an individual be charged with 3 counts of the same crime?

Three individuals got arrested together. All three received the same charge of 3 counts of 2nd degree burglary.

Tracy Tiernan
Tracy Tiernan answered on Aug 4, 2020

You need to mediately hire a criminal defense attorney. Your attorney can request all of the discovery material, the evidence. He can then scrutinize it carefully to determine whether or not they have charged you with unnecessary or duplicate counts.

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