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Questions Answered by Tracy Tiernan
1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it possible to take a plea deal while being incarcerated?

Currently incarcerated in Oklahoma and have an outstanding warrant also in Oklahoma. Is it possible to plead guilty and take a plea deal whilst I'm still in prison? There is an additional warrant in Kansas where prison time will be served once this sentence is over

Tracy Tiernan
Tracy Tiernan answered on Sep 29, 2021

It’s actually quite common. Many times people are sentenced to prison before they resolve or dispose of other pending felony or misdemeanor charges. Rather than waiting until they discharge or complete the sentence, often times they hire attorneys to file a writ of habeas corpus to bring them... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If i admitted to going into a chain link fence that was already with a tool bag with junk cars in it is it 2 degree burg
Tracy Tiernan
Tracy Tiernan answered on Sep 25, 2021

We’ll, until the car was entered it’s more likely “attempted” burglary 2nd or 3rd and another count of “possession of burglary implements/ tools”

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the typical bond for knowingly recieving or posessing stolen property in oklahoma

Has been in trouble before but not for this offense

Tracy Tiernan
Tracy Tiernan answered on Aug 30, 2021

That charge, generally categorized as a lower level felony theft crime, is usually between $1000 and $5000. Of course it depends on the Judge and any previous contacts and history with law-enforcement.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: In Oklahoma if you’re on probation can you still have your medical marijuana card?
Tracy Tiernan
Tracy Tiernan answered on Aug 13, 2021

There is not one answer as it differs from County to County, and Judge to Judge. There are instances where all judges will allow medical marijuana use during probation except for one.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I'm being charged with count 1 obstructing officer - a misdemeanor in oklahoma.

I stood there in one spot at least six or eight feet away, just begging and pleading with them to go a little easier on my wife, there was four cops on her, they had her face down in the dirt, they were hurting her, I was afraid for her,as her husband I was just trying to protect her. Will I be... Read more »

Tracy Tiernan
Tracy Tiernan answered on Aug 9, 2021

Difficult to say without learning more about the facts and your background. I think in most cases like you’ve described jail time is not warranted. If you have a clean record most attorneys would have a chance to negotiate a disposition where you might even get a dismissal of the charges after a... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: When filing mcgirt case what all motions do I need to file?

I am filing pro SE and was told in order to have my case heard I needed to file another motion. What other motion?

Tracy Tiernan
Tracy Tiernan answered on Aug 6, 2021

Essentially you are really just filling a single Motion to Dismiss and having the matter placed on the proper Judges Hearing docket to agree this issue. In your motion you would need to cite the McGirt Supreme Court decision, briefly discuss the case itself and hope it applies to your situation,... Read more »

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 »

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