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.

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. Is the statue for interrupting a 911 call beyond a reasonable doubt to be found guilty or other form?

May 3, 2023

A: Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.” This concept involving how strong or persuasive the evidence must be before someone can be convicted after a trial is called the “burden of proof.” In the United States a criminal defendant is NOT required to prove their innocence. The burden of proof falls squarely on the shoulders of the prosecution (the city prosecutor, the assistant district attorney, the the Assistant United States Attorney). So the answer to your question is, yes, they must prove beyond a reasonable doubt each and every element of the crime of “Interference with an Emergency Telephone Call” before the defendant could be found guilty and considerations of punishment entertained.

Q. Is this 1 charge or 2 charges? Count 1:21 O.S. 1123(B)-SEXUAL BATTERY.

April 24, 2023

A: It’s a single charge that carries up to 10 years in prison.

Q. What does a Motion for a discovery and brief in support mean?

April 4, 2023

A: A motion for “discovery” is often filed when one party, usually the defense attorney, but it can also be the government’s attorney, files a motion, asking for additional evidence that they believe might be in existence but has not been turned over to them yet. A “brief in support” of such a motion is simply persuasive argument made by the attorney filing the motion explaining why they believe they are entitled to it. Such a motion often consists of caselaw (previously decided cases), backing up their request. Once such a motion is filed the person filing it will seek an “Order Setting Hearing” date from the Judge where they can come to court and conduct a hearing on the issue. Of course, if the requested evidence is turned over to the party filing a motion, there would be no need for such a hearing.