Tracy Tiernan

Get a seasoned Trial Attorney to represent you in your time of need. I have been representing Oklahomans for more than 27 years who have been hurt in Car Wrecks, Semi Trucking Collisions, and Workers' Compensation (or on the job) Injuries. I also handle both misdemeanor and serious felony Criminal Defense cases as well as Divorce and Child Custody matters.

Criminal Law

Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

DUI & DWI

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

Juvenile Law

Personal Injury

Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death

Workers' Compensation

Domestic Violence

Domestic Violence Criminal Defense, Domestic Violence Restraining Orders, Victims Rights , Victims Rights

• 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. In Oklahoma, Kay county specifically, I was subpoenaed in a DV case against my partner. Do I have to testify?

2 February 2021

A: 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 disobeying a subpoena, and in big cases you could actually be arrested and held on a material witness bond in jail (likely not the case here), the reality is that domestic violence cases are probably the most commonly dismissed felony and misdemeanor cases in most court houses throughout the country. The county is always reluctant to arrest victims of crime when they decide not to show up even when properly subpoenaed. But understand this please, no attorney can ethically ever tell you to disobey a subpoena. It is against the law. I will say that again, it is against the law technically. If anybody asks you what this attorney has told you, the clear answer is you Must obey a lawfully served subpoena. The reality, once again, is people ignore them every day. If they don’t have witnesses at court to testify, absent a 911 call in the hands of a very persistent ADA or prosecutor, many of these cases get dismissed as “failure of prosecuting witness to cooperate.”

Q. Bail set at 2500 for second degree burglary is there a fine to pay or is it automatic jail time

13 January 2021

A: Right now you enjoy a presumption of innocence and that status will not change until and unless you sign paperwork stating otherwise or are sentenced by a judge or jury after a trial or plea. Hire a criminal defense attorney who can immediately secure all of the evidence, search for constitutional violations of your rights (or other weaknesses in the case), and either negotiate a disposition or prepare for and conduct a trial. Most cases such as this, with no prior convictions, result in an agreed disposition (plea bargain) involving no prison or jail time and no conviction on your permanent record (assuming you are, in fact, guilty of the crime and/or wish to waive your rights to trial).

Q. 2 domestic incidents within 3 months of each other, am i looking at prison time? The anger is from my drug addiction.

21 December 2020

A: Anyone that tells you anything different than what you have surmised is simply speculating. Strangulation carries a minimum of one year and up to three years in prison. Lots of those cases actually get dismissed, particularly if the victim doesn’t want to send daddy/ boyfriend to prison. However, when kids are involved, sometimes the state gets involved and when mom has to choose between children and dad it’s typically a pretty easy choice. Domestic assault and battery involving a grievous injury, a broken bone? Yes, likely assault and battery with great bodily injury charge. There are certainly things attorneys can do for you. The first step is to hire one and get a copy of ALL of the evidence. A lockdown treatment facility certainly would not be a bad idea but under the circumstances it also might be difficult to accomplish. I think you’ll find the factor that really challenges the outcome of this case is it happened in the presence of a minor child. Call an attorney immediately.