Legal Question in Criminal Law in Oklahoma

I was arrested on December 7th 2013 for Domestic assault & battery & Domestic abuse in front of a minor. My girlfriend dropped the charges. I was in jail for 8 days when they told me to pack my things & they let me go. When being released I was not given any court information or nothing. I was simply released so we've figured nothing's come of it. A month later now I find out I have an outstanding warrant for my arrest & that the state filed criminal Domestic Assault & battery & In front of a minor charges on me at the end of December. There was no court date for me to attend to. They simply filed felony charges & a warrant was issued for me immediately after. Now why would they simply release me from jail, not give me any information and then WHAM I am being charged & served on a warrant with NO BAIL posted on the information as well. I am in Oklahoma County in Oklahoma city, Oklahoma. How is this even right? They can actually do this?


Asked on 1/05/14, 10:45 pm

1 Answer from Attorneys
Jay Ramey Jay K. Ramey, Attorney at Law

First of all, your girlfriend did not drop charges. There is no such thing. No citizen can file charges and no citizen can drop charges. A charge or charges get filed when a DA, or one of his assistants, goes down to the court clerk's office and files and Information against someone. The only way for that case to be dismissed is when the DA, or one of his assistants, goes down to the court clerks office and files a dismissal.

While it is unusual for a defendant to be released from jail and then have a case filed later, it is not unheard of. There can be various reasons why a case if filed later. The bottom line is that the DA has 3 years to file a case for domestic violence.

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Answered on 1/05/14, 11:25 pm


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