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Questions Answered by Tracy Tiernan
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 »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I recently was informed of an up upcoming court for a traffic stop that has been pending. The charges are P.I.,leavin sc

Leavin scene/damage, DUS, no ins. What can i expect when i get to court ? Would it be in my best interest to hire a lawer or use court appoint attorney ?

Tracy Tiernan
Tracy Tiernan answered on Jan 7, 2020

Not enough information to know what exactly could occur in terms of an offer of punishment or plea bargain. You need to hire an attorney immediately. If you are indigent (can't afford a private attorney) then you can complete a pauper’s affidavit and seek a free attorney to represent you.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I'm trying to find out if my son has court today or tomorrow

They say he went to probable cause on the 2nd of January but not showing another court date is what the county jail told me. This makes his 3rd probable cause since in jail.

Tracy Tiernan
Tracy Tiernan answered on Jan 6, 2020

You may call any of probably 1000 criminal attorneys and we can answer your question. You can also call the court clerk at the courthouse where the charges were brought.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: i got possession of marijuana and minor possession of tabacco and i was just wondering what my consequences might be

This is my very first offense of any kind

Tracy Tiernan
Tracy Tiernan answered on Jan 4, 2020

There are a lot of different variables that could affect the path your case tales. With no prior convictions you’re much more likely to have a very favorable resolution that you have had previous runnings with law-enforcement or juvenile authorities. . You need to consult a criminal defense... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: My brother broke his probation my aunt pressed charges for knocking her teeth out she had her kids jump him he has hhd

right now he isn’t charged with anything but he’s a pending case & he’s about to be charged w salt & battery and breaking his probation but in his self defense he knocked her teeth out with his feet

Tracy Tiernan
Tracy Tiernan answered on Jan 2, 2020

Consult/ hire a seasoned trial attorney. Typically when you promise to judge you will follow the rules and stay out of trouble, and something like this arises...you can expect some meaningful problems. Sounds like there were witnesses to the event. What will they say? Who was the first aggressor?... Read more »

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1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: What's the chances of going to prison if ive been charged with abuse of the elderly first offense
Tracy Tiernan
Tracy Tiernan answered on Dec 31, 2019

Most attorneys that will respond to this question will, understandably, want your business first and foremost. Here’s the truth. To quantify percentages of people who go to prison on the first offense it probably sounds like somewhere around less than 1%. But when you break it down, there are... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is there a way I can still have the case continued where I dont testify in court infront of the gentleman?

He makes me really un easy just being around him

Tracy Tiernan
Tracy Tiernan answered on Dec 31, 2019

Unfortunately you need to provide some additional information for a reliable response. Are you a defendant (doesn’t sound like it)? Or are you a victim or other witness (sounds more probable)? Cases get dismissed when witnesses fail, or refuse, to testify. They can be passed or continued at the... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If I had an expungement a few yrs back and got arrested today, would the police's background check automatically show it

I was arrested and convicted of a felony 15 yrs ago. The charges were later reversed and dropped on appeal. A few yrs ago, I received a complete expungement. If I got arrested today, would the police or d.a automatically find the expunged charge, or would they have to search deeper and for a... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 23, 2019

It’s difficult to answer that question without additional information from your case. We would need to know the specific charge, the manner in which it was disposed of, whether it was a felony or misdemeanor, things like that. Some expungements go very deep and can get rid of the arrest record... Read more »

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I need legal advice how to get my license back, even a modified license with a past dui and failure to comply.

In 2015 I was arrested for DUI. I failed to pay my fines or show up to court. In 2017 I was arrested for driving on a suspended license. I was ordered to pay fines, check in with probation, and have alcohol assessments done. I did do the assessments, but failed to do everything else and did not... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 20, 2019

Many attorneys handle DUI cases and your licensing issues at the same time for the same price. If you want to go the cheap route and not have to retain an attorney you can simply go to any Department of Public safety office early in the morning when they open and sit down with a hearing officer.... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: husband has already been to prison 2time in a different state for totally diff charges from where he is now can it used

can my husbands past charges be used against him again if he has already served time for what he did and if the charges are over ten yrs old

Tracy Tiernan
Tracy Tiernan answered on Dec 3, 2019

Yes, they can be used in a variety of ways for a variety of crimes. They can be used to enhance a punishment far beyond the recited punishment range in the statute. It just depends on the type of previous conviction and the type of new charge for wwhich you were arrested. Once you hire an attorney... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: Do u have to take a deferred sentence in a misdemeanor marijuana and paraphernalia in ok
Tracy Tiernan
Tracy Tiernan answered on Nov 23, 2019

Do you HAVE to take a deferred??? Well, no. You certainly don’t HAVE to. But let’s think about this. If you’ve been arrested for a crime by a police officer or some other law enforcement official, that individual was under the impression that you had committed a crime, violated a law (maybe... Read more »

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2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I got a DUI in 2007 ,misdemeanor charge, after 10 years can I just pay my reinstatement fee and get my license back?
Tracy Tiernan
Tracy Tiernan answered on Oct 30, 2019

You certainly didn’t have to wait 10 years to seek reinstatement of your license. It depends on whether you took and failed a breath test or refused or if it was drugs and blood test issues, but in either situation you should’ve had your license back many years ago if you had sought that... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: I got charged with a misdemeanor(eluding), and my charges were dropped and I was to pay court costs. Y?

Now they issued a bench warrant with a cash bond ! Y do I need to pay if

charges was dropped?

Tracy Tiernan
Tracy Tiernan answered on Oct 24, 2019

When the state of Oklahoma dismisses the case and asks that the defendant pay the costs, they can issue a warrant for failure to pay. You should consult an attorney and make sure that all you need to do is pay those court costs and the warrant will go away.

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: First-time petit larceny no record at all of anything
Tracy Tiernan
Tracy Tiernan answered on Oct 24, 2019

This is a crime that, if mishandled, could result in you taking a conviction for a crime that involves dishonesty or false statement. It will close many doors for you in terms of future employment opportunities and will be discovered by many other entities doing background searches. They are likely... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: My husband is facing assault n battery charges for a domestic but he never hit me n I never said he did

We fought over my purse n I fell to the ground I asked to drop charges n was told no he is facing 15 yrs in prison with 10 out how can I help him

Tracy Tiernan
Tracy Tiernan answered on Oct 15, 2019

Learned counsel is correct. The first question I ask prospective clients in these types of cases is “who else was present when you and the alleged defendant had this interaction that has been characterized by the police as an assault and battery?” When it’s just the two parties (you and your... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: Can I file kidnapping charges on my ex wife, if she takes my kids away somewhere, so that I cant have them on my days?
Tracy Tiernan
Tracy Tiernan answered on Sep 19, 2019

Ask yourself this, do you really want your children to grow up knowing their father tried to file a felony charge against mommy? There are numerous other grown up ways in which to handle this problem. Contact your divorce attorney, ask then to enforce the divorce decree provisions regarding custody... Read more »

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1 Answer | Asked in Criminal 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
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
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)....
Read more »

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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
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
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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