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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

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Answered in 28 minutes by:
3/25/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,400
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

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

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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.

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Customer reply replied 3 months 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 3 months 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.

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Customer reply replied 3 months 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 3 months 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.

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Customer reply replied 3 months 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.

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Customer reply replied 3 months 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: 31,400
Experience: Active member of the NYS bar since 1989
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Zoey, JD and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
Without a doubt ⭐️⭐️⭐️⭐️⭐️����

Thank you so very much!

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