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. Can inability to pay bail result in prison in Oklahoma?

July 23, 2025

A: Well, it seems like you’re conflating two completely separate things. Bail is separate apart from whether or not someone could be held accountable, and be sent to jail or prison for a crime.

Fortunately there is no “debtors prison” today as there was in the days of Charles Dickens. If he cannot make bail or bond himself out, he still has a licensed attorney who will defend him in court and fight to protect his freedom and liberty. Whether or not he goes to prison or jail depends on witnesses, evidence, and the skill of his attorney.

So the easy answer is “no,” he cannot be sent to prison just because he is unable to afford Bail.

I would suggest you contact his criminal defense attorney for a clearer explanation.

Best of luck! ... Read More

Q. Should I go through state or tribal court for a misdemeanor charge in Oklahoma?

May 22, 2025

A: Depending upon the charge, there are benefits and drawbacks to each. There are many times when the decision is removed from your control, such as when the Tribal status is apparent after your arrest and law-enforcement directs the case to the Tribal COURTS.

Other times you may have to file a motion to have it removed from a state court because of the McGirt Supreme Court case.

Some people believe it’s easier to expunge records in state court, which can be a factor. You need to contact a seasoned criminal defense attorney who is also licensed in tribal court to discuss all of your options

Best of luck!

Q. Was it legal for police to search my vehicle in Oklahoma without consent after a canine search?

February 15, 2025

A: There are lots of factors that come into play in determining whether a traffic stop, search, and drug seizure are constitutional or unlawful.

Based on your brief recitation of these facts, they clearly had a right to engage in the traffic stop if your tag light is out. From that point forward, we would need more information to determine whether the police had a reasonable suspicion of criminal activity based on specific facts that might justify them engaging in a search.

As far as the canine participation, it depends on the length of any delay involved. Many times at tollbooth locations along the highway, officers have canines ready pretty much 24 hours a day. That makes these delays minimal and quick. Canine searches are relatively effective at alerting to drugs when you run them around a vehicle. But they are also known for false alerting.

You need to immediately contact and retain a seasoned criminal defense attorney and have them collect the discovery evidence as soon as possible to determine if you have grounds to challenge this drug search and seizure.

Best of luck! ... Read More