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Questions Answered by Tracy Tiernan
1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I am served with a subpoena on a criminal case and fear for the safety of my child if i testify be undue burden?
Tracy Tiernan
Tracy Tiernan
answered on Feb 12, 2024

Criminal subpoenas go out every day across the state of to a variety of witnesses and victims.

One of the most commonly complained of phenomenons by District Attorney and Prosecutor’s offices is when these necessary parties fail to appear at court after having been subpoenaed. As a result...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Am I allowed to call my co defendants attorney to ask why he was dismissed of his count # charge but i have not...

What is prosecutorial discretion

Tracy Tiernan
Tracy Tiernan
answered on Dec 5, 2023

I think it’s safe to assume that you have an attorney representing you? You would never want to reach out to a prospective witness against you or their attorney without consulting your attorney, who undoubtedly has a game plan and strategy in place.

Often times with codefendants the...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: My co defendant got his case dismissed but my charges haven’t been dismissed? How’s that work

I was the passenger in my friends truck when we were pulled over. Turns out his truck was stolen and there was a pound of meth inside a taped up puzzle box in the passenger floor board. It’s a single cab truck with a bench style front seat. He had lots of stuff in the floor board already, I was... View More

Tracy Tiernan
Tracy Tiernan
answered on Dec 3, 2023

There are lots of different reasons why charges might get dismissed or pursued only against a certain occupant when there is more than one occupant of the vehicle and drugs are found in the course of a search. There’s a possibility that one occupant is cooperating in order to save his/ her own... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but....

My Po says I can't? Does he have the right to deny me that right?

Tracy Tiernan
Tracy Tiernan
answered on Nov 16, 2023

I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Oklahoma on
Q: What if someone that is a felon gets a gun charge from a gun that was locked in glove box of car unaware of it there

From Texas in Oklahoma and the owner claims the gun and never give them consent to search or unlock glove box

Tracy Tiernan
Tracy Tiernan
answered on Oct 22, 2023

Someone convicted of a felony is not allowed to possess a gun under his roof, in his car, or in his pocket.

The situation that you have provided raises a couple of interesting questions. The first is the legality of the search and seizure. The second is knowledge of the presence of the gun...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I get something expunged off my record

It’s been on my record for over 30 years

Tracy Tiernan
Tracy Tiernan
answered on Oct 9, 2023

Many criminal defense attorneys also offer criminal record expungement services. It involves a petition, serving notice on several entities involving law-enforcement and other state offices, setting it for hearing, and, in most instances, simply circulating an order of expungement for signatures... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: OSCN reads Jury Trial (issue) with the upcoming date. What exactly does this mean?
Tracy Tiernan
Tracy Tiernan
answered on Oct 1, 2023

An “issue” setting means it will be the actual Jury Trial. An evidentiary trial before a Judge with an impaneled jury, testimony taken from witnesses annd evidence introduced. The trial will conclude with a deliberation by the jury and, hopefully, a final verdict.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: So what does it mean when in it it says it's a state request more time at waiting for lab results and no record at this

Does that mean they don't have the proof of how much I had or what I had on me or is that events might have been lost or is it because I was arrested by Tribal Police but I'm going through a state case

Tracy Tiernan
Tracy Tiernan
answered on Sep 27, 2023

Criminal cases involving questions as to someone’s, possibly having ingested drugs or alcohol can sometimes be delayed when test results are sent off to the Oklahoma State Bureau of Investigation lab or some other lab for testing. I’m not sure what your situation is but I suspect, perhaps, a... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a bondsman tell you where you can live? Can they revoke your bond if you don't do what they say?
Tracy Tiernan
Tracy Tiernan
answered on Sep 16, 2023

Many bondsmen/ women operate differently. They don’t have to take your case. If they feel uncomfortable or feel, there is a risk you might not show up to Court or you are a flight Risk.

Again, you need to contact the bondsman/ woman that you have to discuss any issues related to a change...
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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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