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In osfuskee county ok in a criminal felony case do the

Customer Question
In osfuskee county ok...

In osfuskee county ok in a criminal felony case do the arresting officer have only 48 hrs to submit police report and if not submitted on time is that grounds for dismissal and is there a 60day speedy trial rule and if the da is not ready is that grounds for dismissal

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Oklahoma possession of cds to distribute

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes but I hired one but he keeps waiting on the da to produce evidence instead of filing any motions to dismiss the da filed in aug and as of today they still haven’t provided evidence...I was arrested in may and no report was turned in and I had no paperwork when I bailed out of jail no paperwork appeared until aug 18 when they filed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Oh I thought u would answer my questions

Submitted: 3 months ago.Category: Criminal Law
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Customer reply replied 3 months ago
also $500 was taken I wasn’t given a receipt of any nature or any paperwork to claim the money they took my phone and claimed it was lost during the arrest it wasn’t seized in the report they finally produced it said I was stopped for speeding but I never received a traffic ticket would all of this be grounds for dismissal or suppress the evidence? I had valid drivers license and no warrants
Answered in 59 minutes by:
11/1/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,085
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

No, that's not the law in Oklahoma. If the police take you into custody on suspicion that you've committed a crime, they may have to charge you or let you go within 48 hours. But once you're charged, the police don't have a deadline to turn over the police reports. You do have a right to a speedy trial, but here's the time limit in your state:

https://law.justia.com/codes/oklahoma/2014/title-22/section-22-812.1

If you do wish to fight this case, you would ultimately get all of the discovery and also get to challenge any irregularities in the police procedure. But you're nowhere near speedy trial time. A delay by the prosecutor which is not consented to by defense would, however, be chargeable to the state for purposes of a speedy trial. But speedy trial is much more complicated than it sounds, and the speedy trial countdown stops and starts depending upon the reasons for the delay. It can take quite a bit of time to run out the speedy trial clock when all is said and done. In fact, on a felony level, very few cases actually get a speedy trial dismissal.

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Customer reply replied 3 months ago
What if I didn’t have any charges or complaints against me upon bail no speeding ticket or any type of document stating I was in jail no type of report or file showing charges or reasons for being arrested until approximately 3 months later when they filed off a suspicious notarized police report that magically appeared is that normal? Is that violating any of my rights ?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

You'll be entitled to a hearing to challenge the probable cause for your arrest during the course of the case. If it's found out that there was no basis for the arrest, this can be dismissed. You would also be able to challenge any search and seizure proceedings, likely at the same hearing to try to get improperly taken evidence suppressed.

There is no hard and fast rule determining what is Consitutional and what is not. According to the Supreme Court, all challenges of this sort are handled on a case by case basis at special pre-trial hearings, which I've discussed above. The judge will hear all of the evidence on direct and cross examination of the officers and determine on the basis of that whether your rights were violated.

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Customer reply replied 3 months ago
If I feel the da or judge is unethical or is taking advantage of the law who do I file a complaint with
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

The DA is a lawyer. YOu would file a complaint with his licensing authority. Here's the link to further information about this.

There is also a committee to whom you can complain about an Oklahoma judge. Here's the link advising you about that.

I suggest that you file nothing without first showing it to your lawyer because anything you write about your case can be twisted and used against you and you can't afford that while your case is open.

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Category: Criminal Law
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