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Criminal Lawyer
Criminal Lawyer, Lawyer
Category: Criminal Law
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Experience:  New York Attorney
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Good afternoon. Thank you for taking my question. Ok in 2010

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Good afternoon. Thank you for taking my question. Ok in 2010 i was arrested in oaklahoma,ok for bad checks, opening fake account etc. they where Felonies. I was bonded out on a 20K bond in july of 2010 in june of 2011. The DA filed charges. To this date i have not been arrained or issued a court date. This case is in oaklahoma,Ok i live in Ct. I am confused on what is going on? its been 30 months and nothing.

Good Day ,

I am a US Attorney and I'll be answering your question today. My advice is restricted to advice surrounding the general principles of law governing your issue and you should not act on this advice but seek further clarification from a specialist in your County.

Were the conditions of your bond that you would stay in Oklahoma and sign at the station ?

Bob

Customer: replied 4 years ago.
No they where not
Customer: replied 4 years ago.
No
Customer: replied 4 years ago.
I bonded out with in 10 hours I went to court the next day. The da never filed charges. Untill 13 months later. Back in June or 2011 I call the clerk and nothing as of yet . It's been 18 months since charges was filed

Thank You for your patience

You said that you contacted the DA's office over a year ago who has failed to get in touch. DA is free to continue with the prosecution at any stage, and the case will never become statute barred.

That saying the considerable delay can be for numerous reasons. The DA's office may be still obtaining evidence or witnesses in support of is prosecution. It could be that the court has been granting the DA a number of continuances to obtain what he needs to bring forward the prosecution.

You were given no date for an arraignment and not told to sign at the local police station. Hence, as long as the DA's office in Oklahoma hasn't got your address they cannot serve you with a court summons. Considering that you have complied with the law, in attending your first appearance, the DA may not be able to get a warrant for your address, in less you were in breach of your bond terms. If you have been in breach, a warrant of arrest can be issued any day.

The longer the time passes between arrest and hearing, the more chance you will have to argue that the inexcusable delay has severely prejudiced your defense,some witnesses may no longer be available or have faded memories.

Thank You for your question.

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Customer: replied 4 years ago.

Its been 30 months since the arrest.what do you think? They say that i opened 5 business cell phone accounts and got 20 cell phones? I want to understand you right. So If i am following my bond they cant issue a warrent? what about court date?

I think the prosecution is taking a long time getting all the cell phone records and all the account records. In the meantime the court is granting them continuances.

My advice would be to phone the DA's office again or even the investigating officer, it's your call whether you give them an address.

Once a warrant is issued you can be arrested at anytime so it's quite an uncomfortable situation.

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