Tracy Tiernan

Get a seasoned Trial Attorney to represent you in your time of need. I have been representing Oklahomans for more than 30 years who have been arrested for misdemeanor and serious felony Criminal charges or hurt in Car Wrecks, Semi Trucking Collisions or Workers' Compensation (or on the job) Injuries.

• Free Consultation
• Credit Cards Accepted
• Contingent Fees

Oklahoma

Since 1990

10th Circuit

Since 1994

University of Tulsa College of Law

J.D. (1990)

1987 - 1990

Southern Methodist University

B.A. (1987) | Political Science

1983 - 1987

Q. What if police officer lies in a report to make traffic stop seem lawful

October 10, 2024

A: Great question! And a very common one. Well, when these things occur you simply hope and pray they have body or dash camera footage of the interaction. If that is not available, then it’s simply a swearing match and each person’s credibility comes into question.

It’s actually the rare occasion when evidence in court is captured on video or with some other electronic medium. Assault and batterys, sexual assaults, threats of violence, these crimes are routinely introduced in a courtroom through eyewitness/ victim testimony only. Most crimes don’t wait for you to pull out your phone and capture them on video.

You should contact us criminal defense attorney to discuss. Best of l uck! ... Read More

Q. If the victim of a no contact order tries to contact defendant, is it a violation?

October 6, 2024

A: That’s a very good question! It’s also a very common question which I get asked all the time.

When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a “no contact order” or “NCO” prohibition to the defendant in any domestic or non-domestic assault battery type allegation. Many times it’s a husband and a wife, or other family member, that is the defendant as well as the victim.

It’s difficult to put the brakes on if it is a family member, particularly if you lived in the same household at the time of the alleged crime, and this situation arises. The reality is the no contact order is usually directed at the “defendant,” and it is usually not considered as a prohibition to a victim who has done nothing wrong.

In most domestic violence situations, many people believe the spirit of a Court’s (Judges) no contact order does NOT necessarily flow both ways. Meaning it would be a bit of a tortured definition to assume the Judge's prohibition in a no contact order somehow also extends to the VICTIM, preventing them from attempting to reach out to the defendant (in most situations the victim is never instructed that they have a no contact order against the defendant, only the other way around). And if it did, , to think that the VICTIM could get in trouble from the Court if they reach out to the Defendant just does not seem right.

But another logical question would be if the victim attempts to reach out to the defendant, and the defendant has good reason to know that it is the victim trying to contact them, would it be violation of the new contact order. I think in that situation, such as in a phone call where the caller ID clearly shows it’s the victim reaching out to them, the defendant could potentially get in trouble in such a situation.

It’s generally best to have the defendant completely avoid ALL contact when they know it’s the victim, reaching out to them, and perhaps simply report such attempted contact from the victim to your attorney who could potentially take steps to figure out what’s going on. An attorney could attempt to determine the purpose of the attempted contact from the victim, Just to prove to the court that every effort was made by the defendant to follow the no contact order instruction.

Best of luck! ... Read More

Q. Does prosecutor have to disclose all of a witness statements or just 1 of their statements

September 9, 2024

A: Prosecutors are required to turn over exculpatory evidence in criminal cases. If you are the defendant and your attorney believes there are statements out there of this nature, they need to immediately request them.

If you have independent proof of such a statement (in other words, the person making the statement will cooperate), that would certainly be an easy way to go about securing such information.

You should immediately consult your attorney or some other seasoned criminal defense attorney.

Best of luck!