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Questions Answered by Tracy Tiernan
1 Answer | Asked in Criminal Law for Oklahoma on
Q: What do I do if I was charged with an illegal substance that I didn't have on my possession?
Tracy Tiernan
Tracy Tiernan answered on Jan 3, 2022

Criminal “Possession” of something is not always as straightforward as one might think. When you are looking at Possession of a controlled dangerous substance (CDS), or drug possession, it is not always the obvious situation where you are caught with the drug in your hand or pocket. It might be... Read more »

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Oklahoma on
Q: What can I do if a judge threatens to jail me for not hiring counsel? Denying me the right to a public defender.

I'm homeless with no job. Been trying hard to find a job.

Tracy Tiernan
Tracy Tiernan answered on Dec 24, 2021

This is an incredibly common phenomenon in the criminal court system in Oklahoma and elsewhere. You bonded out …..somehow. It may not have come out of your pocket but it came out of someone’s pocket …your family, or a friend, or an acquaintance that was trying to help you. Now the judge is... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My PTC was continued to another date to be set for plea or trial? What does that mean?

My court docket reads PTC CONT TO 12-15-21 AT 1:30 PM TO SET FOR PLEA OR TRIAL.

If it gets set for plea does that mean I have to take a plea that day? Or will the judge set another court date for plea and sentencing?

Tracy Tiernan
Tracy Tiernan answered on Dec 8, 2021

I’n most instances once your attorney negotiates an acceptable final plea bargain you can usually waive your trial rights (in felony cases you would also waive your right to a preliminary hearing), plead guilty (or no contest) and get started on your probation or agreed to punishment. You will... Read more »

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Oklahoma on
Q: I need to speak with an attorney regarding a Second Degree Burglary charge I am currently facing.

I was pretty much bullied into opening the car door for my abusive boyfriend (now ex boyfriend) so he could load 2 weed eaters he had just stolen from a storage unit, into the back seat of his car. I opened the back door like I was told to, and Got directly back into the vehicle. I am being charged... Read more »

Tracy Tiernan
Tracy Tiernan answered on Dec 5, 2021

If you know about a crime, you go with them to the crime scene, you stay with them and you leave with them knowing what has occurred, you will almost always be charged as a codefendant. If you could show some coercion was applied to you, threats of some sort if you did not comply, and that you did... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Oklahoma on
Q: What is a OR district bond
Tracy Tiernan
Tracy Tiernan answered on Dec 3, 2021

This is a type of release granted by the Court (“Own Recognizance” bond), where the defendant is allowed to be released from jail or allowed to have a warrant recalled based solely upon his/ her own promise to reappear at court for all future court dates without having to hire a bail... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How much is it for 1 felony and 6 misdemeanors one simi violent I have one more year of probation left
Tracy Tiernan
Tracy Tiernan answered on Nov 16, 2021

I don’t have enough information to answer your question. It sounds like you’ve got a new felony arrest with a bunch of misdemeanors while current being on probation for another case? Don’t know whether it’s felony or misdemeanor case that you’re on probation for. As far as how much it... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I have a 2013 conviction assult an battary on minor now have charge of a&b in presence of minor will 2013 against new 1.
Tracy Tiernan
Tracy Tiernan answered on Nov 14, 2021

We really don’t have enough information to answer your question with specificity. Assault snd battery on a minor (your previous arrest) can be charged as a Felony. While the charge you have recited, “assault and battery in the presence of a minor” (I’m assuming you mean... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a person bails out of jail, do they lose the opportunity to get a state appointed attorney?
Tracy Tiernan
Tracy Tiernan answered on Nov 4, 2021

The quick answer is “yes,” if the bond amount posted was a meaningful amount. If it was a nominal bond like $100 or $200, and if certain other circumstances exist suggesting indigency or the financial inability to hire an attorney, then Judges will sometimes allow you to remain out on bond and... Read more »

1 Answer | Asked in Copyright, Criminal Law and Civil Rights for Oklahoma on
Q: I got my boyfriend's car towed I stole something at Walmart but didn't get arrested at Walmart and we can't afford to
Tracy Tiernan
Tracy Tiernan answered on Oct 31, 2021

Unfortunately your question is a bit cryptic in that it provides very little details and doesn’t really ask a question, it’s more of a statement. From what I can glean you are worried about getting arrested. If they did not arrest you at Walmart, than they are unlikely to do so after the fact.... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: I had a misdemeanor possession of marijuana arrest in 1972. Sentence was deferred and completed successfully.

Record was expunged and sealed. I'm trying to get arrest and/or court records now but the arresting agency and county clerk of the court have no records. The arrest still shows up on my national background check but without any related charges or court decisions. How can I get that info?

Tracy Tiernan
Tracy Tiernan answered on Oct 21, 2021

That was a long time ago. I’m guessing you might have trouble locating your attorney but that’s always the first place to start. There are different types of expungements under Oklahoma statutory law. Sounds like maybe you only took the expungement granted by the Court (Judge) but might not... Read more »

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 »

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