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Questions Answered by Tracy Tiernan

1 Answer | Asked in Criminal Law and Family Law for Oklahoma on

Q: Can a person who is on deferred probation for child neglect (unsanitary conditions) be around children?

CPS was called while helping relocate a family member with children, other adults present at all times. Children were threatened to be removed if the adult on probation didn't leave immediately.

Tracy Tiernan answered on Sep 15, 2019

It would all depend upon what is contained on in the Rules and Conditions of Probation that you signed in your criminal case along with whether you are involved in and being ordered to follow an ISP or some type of parenting plan through DHS (or CPS). Call your attorney and ask.

2 Answers | Asked in Criminal Law and Civil Litigation for Oklahoma on

Q: If the is a motion to quash for insufficient evidence,... granting motion for extension of time response

Tracy Tiernan answered on Aug 15, 2018

You haven't given us enough information to answer the question, I'm afraid.

Anytime you file a motion to quash or to suppress evidence in a criminal case each side has time to respond and to present evidence (typically at a Preliminary Hearing or District Court Arraignment in felony cases)....
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2 Answers | Asked in Criminal Law for Oklahoma on

Q: if you plead no contest to felony embezzlement for a fine of $1000.00, can you still leave that state?

leave said state to seek employment to pay fine

Tracy Tiernan answered on Jul 14, 2018

As a general rule, there are rarely restrictions prohibiting your traveling outside the state during a felony or misdemeanor probation (outside of the standard requirement that you give written and/or oral notification to your probation officer as required by the Rules and Conditions of Probation... Read more »

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3 Answers | Asked in Criminal Law for Oklahoma on

Q: If I were to get in a car with the understanding there wasn't anything in the car and find out way late is it possession

I asked my ride to leave anything illegal before we left my house she said she would not bring anything wasn't til I was 70 miles from home when she broke out a pipe . we was picked up by police

Tracy Tiernan answered on May 26, 2018

The state of Oklahoma will often assume that all occupants are in possession of whatever illegal contents are found after the search of a car in which they are riding during a traffic stop. They routinely charge multiple occupants in such situations with possession of the same contraband. The good... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on

Q: My daughter, age 20 was charged with this violation. Possession by persons under age 21. With this being under the Juv

code will this go on her permanent record, and since she was not in a vehicle nor was she intoxicated will they still suspend her license? This is in Oklahoma.

Tracy Tiernan answered on Mar 30, 2018

It depends upon the specific facts of the case. You need to hire an attorney to review the case and negotiate a very favorable result (there is probably an excellent chance to keep this off of her record provided she has no prior involvement with law enforcement). Hire an attorney immediately.

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