Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Tracy Tiernan
1 Answer | Asked in Criminal Law for Oklahoma on
Q: I haven't been in trouble in 7 years but I do have a couple of CDs charges I had seeds and stims and klonopin now meth

This meth charge I just got was not mine someone threw the bag out my passenger window because they where arresting my wife I said it was mine what do I do

Tracy Tiernan
Tracy Tiernan
answered on Jun 2, 2022

First of all you should immediately contact a seasoned criminal defense attorney who specializes in drug cases. We don’t have information as to the initial contact, while you were pulled over. We would need information related to their reasons for conducting a search as well. Essentially though,... View More

1 Answer | Asked in Civil Rights, Internet Law and Juvenile Law for Oklahoma on
Q: Can A 14 Year Old Make A Statement On The Stand?

Hi, I was wondering if my 14 year old sister could go up to the stand and make a statement. She wants to clarify the situation since our parent(s) are completely over-dramatizing the situation (according to her) .... She feels as if it's our parents are against the defendant (19) and she... View More

Tracy Tiernan
Tracy Tiernan
answered on Jun 1, 2022

As a general rule age is usually not a bar two ones ability to testify as a witness in a courtroom as long as they have the capacity to testify truthfully and their testimony could assist the trier of fact (Jury or Judge). However, the attorneys on each side could have something to say about it. I... View More

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: I was pulled over for speeding place in cuffs and was being detain my passenger has a register firearm under my seat

Not in plain sight no search Warrant or consent of search of car I’m the driver can I be charged with felony afterforeman

Tracy Tiernan
Tracy Tiernan
answered on May 30, 2022

As you are aware, as a convicted felon (or an adjudicated delinquent) you are not allowed to have any firearms in your house, in your car, or on your person. They’re going to use what’s for referred to as a reasonable person standard in most cases.

We simply need more facts to provide...
View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My friend' was in my motel room while I was at work. Police found drugs in her purse while she was in my room.

Why am I being charged for possession of the drugs. When she was the only person in the room and the drugs were found in her purse.

Tracy Tiernan
Tracy Tiernan
answered on May 29, 2022

Very interesting set of facts. We would need a few additional facts in order to give you the best answer possible. Why were the police at your apartment? Did they have consent to enter or did they have a warrant? Was your friend living there or simply visiting? What exactly did she tell the police... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Oklahoma on
Q: The state picked up charges i filed against someone. I am being called as a witness. Do i nees a lawyer?

This is a dangerous animal case. My neighbors dog charged under a fence and attacked my dog Can they legally bring the dangerous animal near me/my home? This happens so often that i missed the first court date because i was afraid leave my home to check the mail. What is considered witness... View More

Tracy Tiernan
Tracy Tiernan
answered on May 11, 2022

In most instances victims of crime or witnesses who report crimes do not need an attorney. As a victim, assuming that’s the situation, you have an attorney already through the government, whether it’s a city prosecutor, an assistant district attorney, or a Assistant US attorney. But, It... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Whats the max sentencing on second degree burglary if a second page a.k.a. supplemental information of prior felonys
Tracy Tiernan
Tracy Tiernan
answered on May 5, 2022

We don’t have enough information to give you an accurate answer. Title 21 of the Oklahoma statutes, section 51.1 is where you want to check. Your answer depends on how recent your prior felony convictions are and how many you have, and the date your last felony (ies) were completed.

It...
View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do I prove I was trying to help, not steal?

I found a phone and wallet at a grocery store 30mins before close. I took it, and tried to find this person. From her DL, I looked her up on FB, and contacted like 3 family/friends (based on last name). I drove to the address on DL, but it was an apartment complex and DL didn't have apt... View More

Tracy Tiernan
Tracy Tiernan
answered on May 3, 2022

Your sory has the appearance of being reasonable, however you need to consult a criminal defense attorney, present him/ her with the proof that you have described and get an opinion as to whether or not it might hold water in a court of law (or help in a plea negotiation with the state). What might... View More

View More Answers

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it normal to be jailed for unpaid fines on a court case that was dismissed.
Tracy Tiernan
Tracy Tiernan
answered on May 2, 2022

Cases are dismissed for a variety of reasons. It doesn’t always mean that someone is innocent, but I don’t know your story. Many times cases are dismissed in a plea negotiation after a period of probation. Sometimes when a case is dismissed there are costs or monies that are still owed. If they... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Q: It was not a city cop. It was light horse that came out. But they were looking for a gun and found drugs in a box that

The box was not big enough to hold a gun.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2022

In your factual statement you didn’t recite whether they had a warrant or not. There are lots of factors that go into suppressing an illegal search and seizure. You need to immediately contact and or retain a criminal defense attorney who can go over the facts carefully and make a decision on... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Can police enter your house for a arrest warrant even if they don't know if you're there or not

A buddy has a arrest warrant out for him and just wondering if they could go into his house to arrest him even if he doesn't answer the door and they don't know if he is there. This has nothing to do with a search warrant and don't involve me. I just curious if police can kick your... View More

Tracy Tiernan
Tracy Tiernan
answered on Apr 28, 2022

You need to consult a seasoned criminal defense attorney for a more educated answer based on the specific circumstances involved in your case. However, as a general rule, if the police have a search warrant they will come to your house and knock and announce their presence. If they receive no... View More

View More Answers

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a DA's office call me and serve me with a subpoena by telephone?

A subponea for me has been issued twice now and i have yet to be served with anything from anybody.

Tracy Tiernan
Tracy Tiernan
answered on Apr 26, 2022

You need to consult a civil or criminal defense attorney with expertise in this area and have them review the Oklahoma statutes related to service of process. As a general rule though, subpoenas are commonly served in person by a licensed process server or a law enforcement official or by mailing... View More

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Oklahoma on
Q: I have a first offense dui, I am in Cleveland county Oklahoma, am I allowed to continue using OMMA medical card?

My Dui was under alcohol and had nothing to do with drugs.

Tracy Tiernan
Tracy Tiernan
answered on Apr 16, 2022

The freedom to use one’s medical marijuana cards to ingest medical marijuana while someone is on any type of criminal probation in the city or County courthouses throughout the state of Oklahoma is a confusing mess.

Well many probation officers and Judges DO allow the use of medical...
View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can you get your firearm rights back after completing a deferred adjudication for domestic violence?

I served a 3 yr. deferred sentence. Just wondering if once they dismiss the case I get my firearms rights back or if I have to wait till I can get the whole thing expunged. Is there a process in Oklahoma you have to follow?

Tracy Tiernan
Tracy Tiernan
answered on Apr 4, 2022

A deferred probation means you’re not allowed to possess, in any manner (your car, your home, your pocket) any firearms. Once your deferred probation is concluded and the case is dismissed, as long as you’re not a convicted felon from some other episode in your life, you should be able to... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If someone got obstruction of an officer and is on parole what would their bail be

He was evading the police and wrecked the car but when I called the jail they said his charge was obstruction of an officer. What would his bail be?

Tracy Tiernan
Tracy Tiernan
answered on Apr 2, 2022

Notwithstanding the fact that this arrest might very well trigger a violation of his parole, the bond typically set for a misdemeanor obstruction would be around $1,000.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My daughters boyfriend had brass knuckles in his car, delivering pizza to Ft Sill mps found. court is 4/13 jail?

He didn’t know they were illegal my daughter told him to keep them in his car because he delivers pizza. He found them he didn’t purchase them if that makes a difference & never been in trouble

Tracy Tiernan
Tracy Tiernan
answered on Mar 29, 2022

If a citizen goes onto a military compound the rules change a bit. You need to consult a criminal defense attorney who can research the issue and give you the appropriate guidance and assistance.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Oklahoma on
Q: I was bonded out jail for public intoxication and charged with different charge of APC two month later? Why?

I went to jail for what I thought was a public intoxication. Was bonded out for that paid the bail went to court they said that no charges have been filed yet. I go back to check online to see if charge is it been filed a month later and yesterday they filed actual physical control of motor... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 16, 2022

Many times when the police arrest someone for a crime they have an idea of what statutes or ordinances have been violated. Often times it guesswork because they haven’t done their full investigation, maybe they haven’t talked to some witnesses or followed up on some evidence. They will list... View More

View More Answers

1 Answer | Asked in Criminal Law and Probate for Oklahoma on
Q: Can u get a bond with two revocations on a fifteen year sentence
Tracy Tiernan
Tracy Tiernan
answered on Mar 14, 2022

I think we need a bit more information to give you some clear direction, but it sounds like you have violated a couple of probations and the state has filed a couple of Applications to Revoke perhaps? If that’s correct, and if you haven’t confessed the apps or conducted the application hearings... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What Does " Issuing Subpoena - DL - BCSO" Mean,, In Oklahoma
Tracy Tiernan
Tracy Tiernan
answered on Mar 8, 2022

Whenever they show an online entry that a subpoena is being “issued” it’s usually where one of the parties, the district attorneys office, the public defenders office or the private attorney for the defendant, is getting prepared to send subpoenas to witnesses for an upcoming hearing where... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: What’s it mean when an order & judgement of forfeiture is filed?

I went through (Bondsman) and and and the signer on a bond for my friend. He missed court on 2/17 And I see where this was filed (the forfeiture) What does this mean for me what does this mean for him

Tracy Tiernan
Tracy Tiernan
answered on Mar 8, 2022

The short answer, I’m afraid, is its bad news for everyone. He’s gonna have a warrant issued for Cedar to peer and you’re on the hook for the bond at least for the time being if you signed surety papers or some promise to cover the bond if he fails to appear. I would immediately try to locate... View More

View More Answers

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is a misdemeanor review?

It's for a friend.

Tracy Tiernan
Tracy Tiernan
answered on Feb 25, 2022

A “misdemeanor review” is a return court date that is set by the judge after someone who has been charged with criminal misdemeanor has been placed on probation. The review date is the return date to come back to court and provide proof that all probationary obligations have been completed.... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.