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Questions Answered by Tracy Tiernan
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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2 Answers | Asked in Criminal Law for Oklahoma on
Q: If a person has a f.t.a warrant in Oklahoma can they make a plea and pay fines without going to court,due to a death?

I need help with my warrant, I never been in trouble in Oklahoma only traffic tickets now this felony warrant haskell county Oklahoma I couldn't make court date my father passed away I called and changed court date but my mind wasn't focused my dad just passed june 14th 2020 my new court... Read more »

Tracy Tiernan
Tracy Tiernan answered on Jul 30, 2020

You need to retain a criminal defense attorney immediately. Even if not considered a valid excuse for missing court, the loss of your father is certainly an “extenuating circumstance” that an attorney could possibly persuade the Court (Judge) to excuse and withdraw the warrant without you... Read more »

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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 »

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