Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Facts: My 20 yr old son has been in an Oklahoma county jail…

My 20 yr old...

My 20 yr old son has been in an Oklahoma county jail for 7 days with a $5000 bond for a Misdemeanor Assault Intimidation charge and a First time arraignment court date currently scheduled.

Lawyer's Assistant: Does your son have any upcoming court dates on the Assault charges?

Yes First time arraignment date but Prosecutors,Da's office has not technically established any charges currently. Does Oklahoma Law state that he should've already been released with no charges or bond?

Lawyer's Assistant: Has he talked to an Oklahoma lawyer about this yet?

No

Show More
Show Less
Ask Your Own Legal Question
Answered in 28 minutes by:
3/25/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,000
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. Are you saying that no charges have yet been filed with the court?

Ask Your Own Legal Question

The primary purpose of an arraignment is to apprise a defendant of what he's been charged with and to ask him how he pleads. So he will find out the specifics when he comes before the judge. That's also when his right to a lawyer first attaches. Meanwhile, he's been informed that he's being charged for assault and intimidation and he has been given the opportunity to post bond and get released. That's all that has to be done at this time, under the procedural code of your state.

Once he appears in court, his lawyer will be able to ask for his release or for a reduction of bond. In fact, bond can be addressed at any time during the course of the case. But for the moment they appear to have met their obligation.

Ask Your Own Legal Question
Customer reply replied 26 days ago
This is in Oklahoma and it is my understanding that the prosecutor/DA'S office determines the charge prior to arraignment is this accurate?
Customer reply replied 26 days ago
Also, it is my understanding that Oklahoma Law says a PROSECUTER has 72 hrs to assign a formal charge NOT POLICE. And if a PROSECUTOR doesn't assign an official charge within the initial 72 hr period then my son must be released thereafter with no charge.
Is this accurate info according to Oklahoma law?

He was arrested with probable cause and told what he was charged with and bail and a court date was set. The prosecutor can now look over the evidence and at his arraignment the charges would be formalized.

I don't find anything in Oklahoma's code that says he has to be released at this time once there's probable cause for his arrest and the opportunity for him to bond out. I think you are confusing this with a situation where police picked up a suspect without probable cause for an arrest so that they could interrogate him. Under these conditions, they would have 72 hours to charge him or release him.

Ask Your Own Legal Question
Customer reply replied 26 days ago
Bail was set at time of booking.
Employee at front desk has advised me that paperwork has not been reviewed by the assigned Asst DA and therefore technically an official charge has not been determined or designated at this time.
The paperwork for review is an individual statement from my wife and myself, the remaining document to review is a probable cause statement/document from Sherrif Dept. and after review of all three statements the assigned asst DA will determine if charges will be applied or not?
Specifically my question is: 1.based on this premise how long can my son be held in jail with a bond according to Okla Law.
2. Is the front desk employee accurate with her information?
Customer reply replied 26 days ago
Just read your last response and I'm now understanding the 72hr period doesn't apply in this scenario and that when we meet at arraignment the charges could possibly change or not.
Is this correct?

Yes. You've been informed by the clerk correctly. That's what happens at his arraignment. The DA will determine whether or not he's going forward and with what specific charge. But because this was a probable cause arrest, he can be held at this time.

How long? That depends on what happens at his arraignment. He will likely be assigned a public defender who will argue for his release or for bail in a lower amount that he can make. If that happens, or if someone posts bond for him, then he can get out. There is no guarantee, however, that the judge will release him or lower bail. It's always at the discretion of the judge and I know nothing about the facts and seriousness of this case.

Yes, the charges can possibly change. The police are not lawyers, and the prosecutor is. He will charge any and every offense he thinks the evidence will allow him to be able to prove beyond a reasonable doubt.

Sometimes, that is exactly what the police arrested him for. Other times, it's less serious, or even more serious. It depends upon what the facts show. The prosecutor will be reviewing the evidence and likely reaching out to witnesses and the alleged victim before the court date.

If the case gets more serious, the prosecutor will ask for heavier bail and the judge will likely grant it. If the case gets less serious, the defense will ask for release or lower bail and the judge would likely grant that.

Ask Your Own Legal Question
Customer reply replied 26 days ago
Ok, I am the victim and I would now like to meet with assigned Asst DA to carefully and sincerely ***** ***** reality of my family situation in hopes of the charges being minimized or removed in an effort to get my son the actual help he needs.
What Is your advice in this area?You have been Very helpful and I will rate you Very Highly!

You would call the prosecutor's office and ask the telephone receptionist for the name and phone extension of the Assistant DA assigned to the case. Then you could either drop by and try to talk to him -- typically not a great idea as they are usually in court -- or get an appointment to come in and talk.

The case is not yours, though you may have initiated it. The prosecutor does not have to proceed along the lines you want. But as the victim, you're the key witness, so usually, they will be willing to speak to you and to hear you out as to your feelings and concerns for your son.

Note also, however, that even if the DA thinks what you want is reasonable and is willing to extend a help-oriented disposition, your son cannot be forced to take a plea or to get help if he doesn't think he needs it. If he doesn't like the deal that's proposed to him, he will be looking to have his lawyer cut him a better or a different one. Or, for that matter, he could insist on going to trial, especially if he thinks that you'll drop charges sooner than let him sit there indefinitely and really go to trial at the end of it.

So there are a lot of variables. But what you want to do is not at all unusual, and the sooner you can get to the assigned ADA, the better. He will want to know where this case is likely to really go, and your input will help him understand that and how to prepare his case.

Ask Your Own Legal Question
Customer reply replied 26 days ago
Ok, assigned DA received documents on 3/23 and hadn't reviewed at that time.
I intend to request an appt ASAP 3/26.
Thank You for all you do and may God Bless You!

You're very welcome! I hope this turns out the way that's best for the whole family.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,000
Experience: Active member of the NYS bar since 1989
Verified
Zoey, JD and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 26 days ago
Without a doubt ⭐️⭐️⭐️⭐️⭐️����

Thank you so very much!

Ask Your Own Legal Question
Was this answer helpful?
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,000
30,000 Satisfied Customers
Experience: Active member of the NYS bar since 1989

Zoey, JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What if I was charge with a misdemeanor and they drop the
What if I was charge with a misdemeanor and they drop the case, but a year and a day later, find out that they decide to charge me again with the same offense, what is the limitation? of the court to … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Question pertaining to my Public Defender in Idaho. I was
Question pertaining to my Public Defender in Idaho. I was charged back in January 18 3028 I have literally had the opportunity to maybe speak with her on the phone 3 times and have only seen her in co… read more
Zoey, JD
Zoey, JD
Attorney
30,000 satisfied customers
My son has been unable to reach his public defender and
My son has been unable to reach his public defender and wants to get a different one who will communicate with him. How does he get that result? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Arrested on class misdemeanor for trying to repo rims and
Arrested on class b misdemeanor for trying to repo rims and tires that i sold to someone. Sold for a 1000 he only paid 600 then stop paying i finally ran into him after a year of ducking and dodging m… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Sorry was disconnected I was denied a public defender at
Sorry was disconnected I was denied a public defender at court when my lawyer dropped me because i could not pay his fees. What can I do? … read more
Zoey, JD
Zoey, JD
Attorney
30,000 satisfied customers
Wandering the severity of me checking no to no misdemeanors
Wandering the severity of me checking no to no misdemeanors on a my life insurance application I did a background check when I originally got my insurance license they found it years later and are now… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was charged with a misdemeanor of marijuana poccesion in
I was charged with a misdemeanor of marijuana poccesion in 2007 I was given adjudication withheld unpaid all fines court cost restitution completed 6 months of probation now I'm in the medical field a… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,337 satisfied customers
Have a question on public defendants if a person cant afford
have a question on public defendants if a person cant afford a laywer.. the state provides one right? what about if the situation relates to federal issue not state or local municiplatt … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
If a public defender has a conflict with a client, Does that
If a public defender has a conflict with a client, Does that mean the whole Public defenders office can't defend him? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,337 satisfied customers
Is a seatbelt violation a misdemeanor in Alabama? Alabama.
This misdemeanor may bar me from my acceptances to graduate school, as I did not know it was a misdemeanor.… read more
Ray
Ray
Lawyer
Doctoral Degree
32,073 satisfied customers
I got a call from Mathews, who says he's a public defender
I got a call from John Mathews, who says he's a public defender in Lincoln, Nebraska. He says my son was arrested after a traffic accident: case #***** He says he was arrested for DUI and reckless end… read more
Expert James
Expert James
Doctoral Degree
11,969 satisfied customers
My daughter just fired her public defender now what happens?
my daughter just fired her public defender now what happens? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
Before requesting public defender i was told there were 12
before requesting public defender i was told there were 12 video items of evidence, and would cost me $120 to get copies for my defense, they said theryd be free if i got an attorney. public defender … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I was granted a public defender and I was supposed to call
Hi I was granted a public defender and I was supposed to call after 1pm today to get in contact with who my attorney would be for my hearing tomorrow. I had called too late and they're closed now. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
More of a general law question. OH. Public Defender. It's
more of a general law question JA: In what state did this occur? Customer: OH JA: Have you talked to a lawyer yet? Customer: Public Defender JA: Anything else you want the lawyer to know before I conn… read more
Bill Attorney
Bill Attorney
law
2,010 satisfied customers
My son is in post conction with a public defender and wants
my son is in post conction with a public defender and wants to know if there would be any lawyers out there that would take his place probono as his faith with the lasted one really didnt seem to want… read more
Zoey, JD
Zoey, JD
Attorney
30,000 satisfied customers
I'm concerned that my public defender hasn't requested
I'm concerned that my public defender hasn't requested exculpatory evidence properly … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Can i get a public defender for public defender in a
can i get a public defender for public defender in a dissolution case if you are the respondent… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x